U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > General U.S.
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 01-16-2009, 11:11 AM
 
Location: Tennessee/Michigan
28,210 posts, read 47,614,469 times
Reputation: 19722

Advertisements

ELKO, Nev. (AP) - A Spring Creek man who beat a $62 ticket has created a legal speed trap that could cost Elko County and his neighbors much more. James Killian, a civil engineer with the Nevada Department of Transportation, argued the ticket he received in April for going 39 mph in a 25 mph zone was unenforceable because the speed limit sign was too small and didn't comply with uniform traffic codes adopted by the state in 2003.

Man beats speeding ticket by saying sign too small
Reply With Quote Quick reply to this message

 
Old 01-16-2009, 01:24 PM
 
Location: Road Warrior
2,015 posts, read 5,005,974 times
Reputation: 798
Smart man, in other words he admitted he was speeding but it was unintentional, the only problem is that on local roads even without a sign there is often a "designated speed on unposted roads". Generally a unposted back-country road or neighborhood road would be 25mph. This is up to the judge discretion to toss out or not, as the court can only toss out a number of traffic violations since it is a major way of generating revenue for the State.

Two other contests could be that of "following the pace of traffic" or "improper use of radar". The first is which the pace of traffic is always safest, if freeway sign says 55 but everyone is going 35 you should be going 35, if everyone is going 70, the officer should not stop you yet you'll still need proof for this which is hard to earn, unless there is a camera nearby (or officers vehicle camera is on), which you would need to subpeona the video evidence.

"Improper use of radar" may be the best contest though you will certainly need a lawyer to represent you. Go to the police dept. and review their maintenance log (Freedom of Information Act). Your attorney will explain how a radar works firstly and explain how the radar could easily be off target (distance, speed, etc.). Secondly you will have to get the "critical speed" or rather "pace of traffic" if available (freeways generally are) from the Department of Transportation. The pace of traffic would generally be anywhere from 5 over to under 10 in most cases (which is why you shouldn't be driving faster than 10mph over the limit to begin with). So if you are going 30 over this is not for you. The officer also has to be certified with the equipment and I don't mean trained but certified, often if he has no certification then it should be automatically tossed out.

In sum, DON'T SPEED, but if you get caught speeding 10mph under, fight it. If you get caught speeding 10 over you should probably pay it unless it was "pace of traffic".
Reply With Quote Quick reply to this message
 
Old 01-17-2009, 01:21 PM
 
Location: Cold Frozen North
1,928 posts, read 4,632,224 times
Reputation: 1274
I love it when an ordinary citizen fights city hall and wins. I don't care if he was speeding or not. What should now happen is that everyone who was issued a ticket with the 'small' signs should get the money refunded to them.
Reply With Quote Quick reply to this message
 
Old 01-17-2009, 01:32 PM
 
Location: Rural Northern California
1,019 posts, read 2,484,655 times
Reputation: 824
Quote:
Originally Posted by RangerDuke08 View Post
Smart man, in other words he admitted he was speeding but it was unintentional, the only problem is that on local roads even without a sign there is often a "designated speed on unposted roads". Generally a unposted back-country road or neighborhood road would be 25mph. This is up to the judge discretion to toss out or not, as the court can only toss out a number of traffic violations since it is a major way of generating revenue for the State.
Hmmm, there are a lot of rural 'back-country' roads around here, and unless posted, the speed limit is 55mph (or whatever is safe for the conditions).
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > General U.S.
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top