Sorry in advance for the long excerpt from the law here. Anyway, I got pulled over going 58. The officer said the speed limit was 40, and wrote that on the ticket. The area I was in, however, was approximately 1/2 mile after an intersection. There are no speed limit signs between the intersection and the place I was clocked/pulled over.
Title 75 of the PA code says this:
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§ 3362. Maximum speed limits.
(a) General rule.--Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) 35 miles per hour in any urban district. //I wasn;t in an urban district
(1.1) 65 miles per hour for all vehicles on freeways where the department has posted a 65-miles-per-hour speed limit
(1.2) 25 miles per hour in a residence district, if the highway:
is not a numbered traffic route; and // I was on a numbered highway
is functionally classified by the department as a local highway.
(2) 55 miles per hour in other locations.
(3) Any other maximum speed limit established under this subchapter.
(b) Posting of speed limit.--
No maximum speed limit established under subsection (a)(1), (1.2) or (3) shall be effective unless posted on fixed or variable official traffic-control devices erected in accordance with regulations adopted by the department which regulations shall require posting at the beginning and end of each speed zone and at intervals not greater than one-half mile.
No maximum speed limit established under subsection (a)(1.1) shall be effective unless posted on fixed or variable official traffic-control devices erected after each interchange on the portion of highway on which the speed limit is in effect and wherever else the department shall determine.
--
So anyway, what I take from that is that if the road isn;t marked every 1/2 mile (which it wasnt, i took some pictures to use in court), the speed limit should be 55. Does this seem right? Anybody have any experience with this? I pleaded not guilty, and I hope that this will at least reduce the fine/points. Any tips for the hearing? ANy help would be appreciated.
Also, I don;t care if you never speed or you think i should "take it like a man," please don;t crap in my thread. I realize I was speeding, i just want advice.
edit: this relates back to the topic because i'm wondering if i need to check with the local government to see if they have a law that says somethign along the lines of "if it's not marked, the limit is 40."
Title 75 of the PA code says this:
--
§ 3362. Maximum speed limits.
(a) General rule.--Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:
(1) 35 miles per hour in any urban district. //I wasn;t in an urban district
(1.1) 65 miles per hour for all vehicles on freeways where the department has posted a 65-miles-per-hour speed limit
(1.2) 25 miles per hour in a residence district, if the highway:
is not a numbered traffic route; and // I was on a numbered highway
is functionally classified by the department as a local highway.
(2) 55 miles per hour in other locations.
(3) Any other maximum speed limit established under this subchapter.
(b) Posting of speed limit.--
No maximum speed limit established under subsection (a)(1), (1.2) or (3) shall be effective unless posted on fixed or variable official traffic-control devices erected in accordance with regulations adopted by the department which regulations shall require posting at the beginning and end of each speed zone and at intervals not greater than one-half mile.
No maximum speed limit established under subsection (a)(1.1) shall be effective unless posted on fixed or variable official traffic-control devices erected after each interchange on the portion of highway on which the speed limit is in effect and wherever else the department shall determine.
--
So anyway, what I take from that is that if the road isn;t marked every 1/2 mile (which it wasnt, i took some pictures to use in court), the speed limit should be 55. Does this seem right? Anybody have any experience with this? I pleaded not guilty, and I hope that this will at least reduce the fine/points. Any tips for the hearing? ANy help would be appreciated.
Also, I don;t care if you never speed or you think i should "take it like a man," please don;t crap in my thread. I realize I was speeding, i just want advice.
edit: this relates back to the topic because i'm wondering if i need to check with the local government to see if they have a law that says somethign along the lines of "if it's not marked, the limit is 40."
so yes, i think it is an enforced law around here.
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