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Old 08-23-2010, 04:33 PM
 
4 posts, read 6,618 times
Reputation: 10
Default Traffic ticket where there is no sign

Hi
I just got stopped by a police officer and he told me that I was 20 miles over in a 25mph zone. However, I am driving this road everyday for the last three years and there is no sign that specifically tells that the speed limit is 25mph. I checked it several times already. There is a sign in an opposite direction (almost 2 miles from the place that he stopped me) but not a single one in the direction that I was driving when he stopped me. I mean this is my second ticket so far (i'm in my 30) I am a careful driver but I don't know what to do about it. Is it worth it fighting it or should I just pay those 300 $ and live my life. 300$ are going to make a huge dent in my budget so I was wondering if anyone knows how to fight this? Thanks
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Old 08-23-2010, 04:43 PM
 
Location: Vegas
233 posts, read 236,603 times
Reputation: 217
Its 25mph unless otherwise posted I'm pretty sure. Sorry you got a ticket!
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Old 08-23-2010, 06:27 PM
 
362 posts, read 740,329 times
Reputation: 211
Google Craig Kenny....you are welcome.
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Old 08-23-2010, 06:28 PM
 
Location: lost wages
366 posts, read 597,299 times
Reputation: 213
Quote:
Originally Posted by vanjuska3 View Post
Hi
I just got stopped by a police officer and he told me that I was 20 miles over in a 25mph zone. However, I am driving this road everyday for the last three years and there is no sign that specifically tells that the speed limit is 25mph. I checked it several times already. There is a sign in an opposite direction (almost 2 miles from the place that he stopped me) but not a single one in the direction that I was driving when he stopped me. I mean this is my second ticket so far (i'm in my 30) I am a careful driver but I don't know what to do about it. Is it worth it fighting it or should I just pay those 300 $ and live my life. 300$ are going to make a huge dent in my budget so I was wondering if anyone knows how to fight this? Thanks
I'm not definite about this, but I believe it has to be posted every so many miles or fractions of a mile. I would fight it, if even to have it reduced to a non-moving violation. Take a cam cord with the date noted on the film and video tape about a half mile before and after the area where you were ticketed, to show there were no signs posted when cited. You can present this as evidence if it goes to a judge for decision. Your effort, the video, will show you were sincere in not knowing the correct speed limit. Twenty miles over is pretty high....Good luck.
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Old 08-23-2010, 09:45 PM
 
Location: Kailua Kona, HI
2,632 posts, read 5,730,892 times
Reputation: 2184
I got one reduced to a parking ticket for my son once because (get this) the "sign" was a hand written one on cardboard posted up so high that you wouldn't even notice it! (new school zone) Go to court and fight it. You're no worse off, for sure.
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Old 08-23-2010, 09:47 PM
 
Location: Tucson for awhile longer
5,079 posts, read 4,687,716 times
Reputation: 13406
If it's your second ticket, I would fight it (polite objection, of course). I've gotten two tickets thrown out completely by providing audio-visual aids to the judge (now don't go crazy, just give her/him something to objectively mull over). Maybe in your case a map showing where the one sign is and where you got your ticket? Also, perhaps an explanation about why you thought it was reasonable for you to be going 45 in a 25 mph zone? Is this road similar to others that are posted at 45? If so, be prepared to name some. If it wasn't reasonable, admit to that and throw yourself on the mercy of the court. You might at least get a reduction in your fine if you sound sincere enough about mending your ways. Just don't go in there with an attitude, because I've seen people get their fines increased under those circumstances.
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Old 08-24-2010, 12:47 AM
 
513 posts, read 653,805 times
Reputation: 383
Check the local traffic codes - it is standard for there to be default speed limits for different types of areas when there is no posted limit. For example (not saying these are the numbers for nevada) - freeways - 45mph, industrial or residential with more than 100 feet on average between houses - 35mph, residential less than 100 feet on average between houses - 30mph.

FWIW even when there is a posted limit, it may not be a valid limit. In most states the town/city/county has to do a formal traffic study in order to change the limit from the default. Without the results of a formal traffic study on record with the local DoT office, a posted limit means nothing. It's not that uncommon to see excessively low speed limits posted in affluent areas, but most of the time those are illegal and therefore invalid because they never spent the money to actually get the study to back up the need for the reduced limit. School zones are another place where that happens a lot - in some states without a study they can only restrict speeds during school hours, but you'll frequently see permanent speed limit signs instead which, being illegal, technically mean the speed limit is whatever the default would be for that type of area - even during school hours.
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Old 08-24-2010, 08:55 AM
 
1,069 posts, read 1,472,843 times
Reputation: 667
20mph over is a 4 point ticket. If you just pay the ticket then those points will go on your record and your insurance will likely go up.

I would definitely try to go to traffic school or possible pay one of the ticket fixers in town. Usually you can just call the court and ask to go to traffic school and ask them if they will reduce the ticket. You'll have to pay for traffic school plus the ticket (they may reduce it a bit) but it will save you a lot vs your insurance going up.
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Old 08-24-2010, 09:16 AM
 
5,089 posts, read 5,635,531 times
Reputation: 5762
Quote:
Originally Posted by WestieJeff View Post
If you just pay the ticket then those points will go on your record and your insurance will likely go up.
In almost 40 years of driving, I've never had my insurance rate raised due to a traffic ticket - and I've received many.

My rate only changes if I cause an accident - and then only if the damage exceeds a certain dollar amount. But I suppose it depends upon your insurance company.
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Old 08-24-2010, 12:03 PM
 
Location: Summerlin, NV
168 posts, read 600,481 times
Reputation: 120
702 TRAFFIC. Tried it. It works. This is your second offense. Unless you can definitely prove you're not at fault, this is a good alternative.
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