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Ok, I got a ticket the other day for doing 50 in a 30. What happened was I pulled off the highway into a small town(3000). I pull onto the state route and begin accelerating when i felt i was out of the residential area. A cop immediately pulls me over. about 20 yards in front of where I get pulled over is a sign that reads 55.
Now heres the kicker. The state I was in does not have an "absolute" speed limit policy. They have a "Reasonable and Prudent" speed law. It was 11 at night, and I was the only car on the road. I was on a state rout and was about 10 seconds from a sign reading 55 at the point i passed the cop. Absolutely no one was endangered by my speed. Do I have a case?
Now heres the kicker. The state I was in does not have an "absolute" speed limit policy. They have a "Reasonable and Prudent" speed law. It was 11 at night, and I was the only car on the road. I was on a state rout and was about 10 seconds from a sign reading 55 at the point i passed the cop. Absolutely no one was endangered by my speed. Do I have a case?
Nope, no case at all.
The "reasonable and Prudent" laws are usually there for LOWER than posted limits. For example during a snow storm it would be foolish to travel at the posted limit so the Reasonable and Prudent covers the times when a driver should slow down and the cops can write a ticket for going over what would be deemed a "reasonable and Prudent" speed. Even so, while the State may not have an absolute speed law (which I can't think of a single state where that is true anymore since Montana rewrote their speed limits a couple years ago), a town, village, city or other municipality does have the right to set a maximum speed in their jurisdiction. Which you were over. No case.
Driving involves rules and regulations,you broke one of the rules now its time to pay up.i agree it was a bit of a cheap shot but thats the way it goes.
It depedns on whether you wereclosked at 50 you could see the 55 MPH speed limit not where you were puled over. Just because you could see where stopped does not mean that was where the violation occurred.
I was once ticketed for accelerating to speed 50 feet before the speed limit sign and it was apparently a normal speed trap... I was told that the limit does not change until you reach the sign... true or not there is no justice in most traffic courts.
Ok, I got a ticket the other day for doing 50 in a 30. What happened was I pulled off the highway into a small town(3000). I pull onto the state route and begin accelerating when i felt i was out of the residential area. A cop immediately pulls me over. about 20 yards in front of where I get pulled over is a sign that reads 55.
Now heres the kicker. The state I was in does not have an "absolute" speed limit policy. They have a "Reasonable and Prudent" speed law. It was 11 at night, and I was the only car on the road. I was on a state rout and was about 10 seconds from a sign reading 55 at the point i passed the cop. Absolutely no one was endangered by my speed. Do I have a case?
Since state and local laws vary widely from place to place, general advice won't do you any good.
Consult a local attorney. That is....local to the place you got the ticket, not where you live.
Ok, I got a ticket the other day for doing 50 in a 30. What happened was I pulled off the highway into a small town(3000). I pull onto the state route and begin accelerating when i felt i was out of the residential area. A cop immediately pulls me over. about 20 yards in front of where I get pulled over is a sign that reads 55.
Now heres the kicker. The state I was in does not have an "absolute" speed limit policy. They have a "Reasonable and Prudent" speed law. It was 11 at night, and I was the only car on the road. I was on a state rout and was about 10 seconds from a sign reading 55 at the point i passed the cop. Absolutely no one was endangered by my speed. Do I have a case?
You are SOL. You don't get to decide what's "reasonable and prudent"; the Man does. Usually it comes back whatever speed limit the state or local Department of Transportation decided the stretch of road should be.
Also, you said it was 11pm which means night time. Off interstate highways, you should go a little slower than the posted speed limit depending on the speed and amount of lighting in the area. For example, our downtown area is very well lit and a speed limit of 35,...I go 35. On the dark road I live on the speed limit is 45. I go 40 if there are no oncoming traffic and 35 if there are vehicles coming towards me. Your eyes get adjusted to the dark and get blinded by oncoming car's headlights. Driving slower allows be a better chance to see something in the road in time to avoid hitting it. Just things like bicyclist with no lights, kids playing in the road, dogs, or debris.
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