Montana Drivers? (appointed, attorney, law school)

[ElkHunter]

The State of Montana expects you to slow down and meet the speed requirements when you pass the sign.

Something you might check. Was there a sign that said, "Speed zone ahead", or 35 mph zone ahead, or anything to indicated that the speed was going to change? If there was, he's stuck. If there was not, then you have an argument when you attend court.

If I recall, 10 over on a 35 zone is a $55 forfiture, or you attend court. What's it cost to loose a day of work to attend court?

I got nailed a few months ago for something simalar. Old Decker Highway. goes from 65 to 35 in about 150 ft. But again, it had a sign that said "Reduced speed ahead". I was on the brakes, slowing down and when I got to the sign I was still doing 45 so the HP pulled me over and wrote me a ticket for 10 over. My arguement wouldn't stand up in court.

[Heart]

Thanks Elk

Not sure if there is a reduced speed zone sign where he was caught. Probably pay up and just move on. I notice speed traps set up around Darby and Hamilton too. Lolo doesn't seem to pay much attention. I see cars booming through there around 40 - 50 when it's 35 once you hit town. Now how do these people get away with it! lol

[Reziac]

The speed limit applies at the point of the sign and beyond. You DON'T get a grace distance where you can slow down AFTER the sign. Far as I know, it's *legally* that way everywhere, tho enforcement varies. It IS generally illegal to place speed limit change signs so they cannot be readily seen by motorists, tho I've heard of incidents where a sign hidden in the bushes was nonetheless enforced.

Don't rely on a sign applying to both sides of the road, either. Here in Lancaster CA, there are numerous stretches where the speed limit differs depending on which side of the street (ie. which direction) you're driving, so if you're going the other direction ON THE SAME STREET, the speed limit is different. I asked a highway patrol dude about this, and he told me it's because sometimes a zone boundary goes down the middle of the street, so one side of the street is in one zone (frex, residential) and the other side is in some other zone (frex, industrial), and the speed limit guidelines differ for each. He agreed it's nuts, but that's how it is.

BTW go to TheNewspaper.Com: Front Page for all sorts of info about issues that affect drivers (most notably camera enforcement).

[StuckPA]

I was gonna say it might have been a speed trap type thing.
That happened to me when I was driving in West Palm Florida on I-95,the speed was like 65 and as soon as you hit the city limits it seemed that the speed dropped way down to 55. Now this is I-95 where most times 65 seems like the Minimum speed! So that seemed to me like some sort of trap.

[Reziac]

Originally Posted by ElkHunter

I got nailed a few months ago for something simalar. Old Decker Highway. goes from 65 to 35 in about 150 ft. But again, it had a sign that said "Reduced speed ahead". I was on the brakes, slowing down and when I got to the sign I was still doing 45 so the HP pulled me over and wrote me a ticket for 10 over. My arguement wouldn't stand up in court.

Actually, if the distance between the "reduced speed ahead" and/or the visiblity of the 35mph limit sign was not adequate, per DOT guidelines, for an average vehicle to slow down by the point of enforcement -- then you DO have a case.

[ElkHunter]

Originally Posted by Reziac

Actually, if the distance between the "reduced speed ahead" and/or the visiblity of the 35mph limit sign was not adequate, per DOT guidelines, for an average vehicle to slow down by the point of enforcement -- then you DO have a case.

haha I wouldn't doubt it. But in this case, the Judge said, "You don't have a case." haha So I just forfited my $55 and went on with life.

By the way, there is adiquate room to slow down and I could have. But a two lane road, at 11:30 at night coming to a crossing. That stretch of $35 is in the middle of nowhere and it's because of an Equipment Crossing from the West side of the Highway to the East side of the Highway. I might add, an equipment crossing that was used years ago until the coal mine on the East side shut down several years ago. But that excuse didn't work either. haha

[jimj]

To expand further, tickets in MT are considered revenue and as such your guilty if you're inocent and guilty if you're guilty. In other words you can pay the fine or take a day off and pay the fine. Also, which freaked out my wife, all violations are misdemeanors in MT punishable by jail AND a fine, no infractions here.

[ElkHunter]

And, they are not forgiving. When I got that ticket, I was driving back and forth to Mt. 6 or 7 times a day on that same road. But I live in Wyoming. When the trooper stopped me he said, "That will be $55 bond please." I kinda laughed and said, "What if I don't have $55 on me?" He said, "Not a problem, I take you to Harden and put you in jail until your day of court." And he didn't smile when he said it.

[StuckPA]

Wait,you can go to jail for speeding and also if you don't have the $$ on you?
Sounds like something they'd do in the deep south!

[ElkHunter]

Originally Posted by StuckPA

Wait,you can go to jail for speeding and also if you don't have the $$ on you?
Sounds like something they'd do in the deep south!

Because I had an out of state license. If I was a resident, not a problem.