Speeding ticket

What is the name of your state?Fl
I got my first speeding ticket yesterday, I am not trying to get out of it nor am I making excuses. I will pay it and probably attend traffic school so that I don't get the points and then move on with my life...but I would like an opinion, preferably from a police officer.
I was driving home from work yesterday and I was going 45 mph (the posted limit). I was driving through one city to get to the city where I live, my neighborhood is approx. 1/2 mile down the road from the border of the city I was driving from (did you get that)...Anyway, once you cross the border the speed limit drops to 35 mph, but there is no sign and there has never been one. So I continued to drive 45 mph for the 1/2 mile it takes to get into my neighborhood. As I made a right turn into my development a cop from the opposite direction made a left turn, got behind me and flashed. I was ticketed for for going 11 miles over the speed limit. The ticket states that the speed limit is posted, which is true, however it is not posted until you pass my neighborhood which I never did, I turned into my neighborhood before I reached the sign. I did not plead my case to the officer because I have lived in the same neighborhood for 27 years and I know better, I am well aware that the speed limit is 35 once you cross over the border, so I take responsibility for speeding. The opinion I am looking for is;

Point # 1 - The officer knew very well that there was no posted sign at or before the spot of infraction...

Point # 2 - I am sure that when the cop ran my license he saw that I have never gotten a ticket. With point #1 and point #2 would you (whomever answers this question) give the ticket or maybe just give a warning to make me aware of the limit. $132.00 including traffic school.

Thanks all

[ptlmejo]

Assuming this is what you were cited for, it doesn't need to be posted on a sign as it is already assumed...

316.189 Establishment of municipal and county speed zones.--

(1) MUNICIPAL SPEED.--The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation.

(3) POSTING OF SPEED LIMITS.--All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s. 316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights.

For reference of 316.183...

(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour.

Hopefully, that answers your first point. On the second point, officer discretion is one of the biggest powers given to law enforcement. It would be hard to answer what another officer chose to do on a given traffic stop without actually having been there seeing the totality of the circumstances.

[Shay-Pari'e]

(QUOTE)Assuming this is what you were cited for, it doesn't need to be posted on a sign as it is already assumed...(QUOTE)

This completely contradicts the rest of your post.

[ptlmejo]

Originally Posted by --PARIDISE--

This completely contradicts the rest of your post.

No, speed limits are assumed unless otherwise posted is what I'm getting at.

[Shay-Pari'e]

Originally Posted by ptlmejo

No, speed limits are assumed unless otherwise posted is what I'm getting at.

I did not see that in your post, and I doubt the poster has ESP.

[CdwJava]

Point # 1 - The officer knew very well that there was no posted sign at or before the spot of infraction...

Chances are, if you live in the area, no judge is going to buy an argument that it was not posted before you got to where you needed to go.

Point # 2 - I am sure that when the cop ran my license he saw that I have never gotten a ticket.

I don't know about FL, but when I run someone's license status I only get their name and status unless I ASK for more. I almost never do, however. So most cops are NOT going to know that you have never gotten a ticket before unless they pull your driving history themlseves to attach to the citation at the end of shift - long after the stop has concluded.

Some judges or traffic commisioners (at least out here) will sometimes rule how they want to in spite of the law on the matter. So, you MIGHT prevail on the sign issue ... but that's more a characteristic of your court than anything else.

Carl

[Shay-Pari'e]

Originally Posted by CdwJava

Chances are, if you live in the area, no judge is going to buy an argument that it was not posted before you got to where you needed to go.



I don't know about FL, but when I run someone's license status I only get their name and status unless I ASK for more. I almost never do, however. So most cops are NOT going to know that you have never gotten a ticket before unless they pull your driving history themlseves to attach to the citation at the end of shift - long after the stop has concluded.

Some judges or traffic commisioners (at least out here) will sometimes rule how they want to in spite of the law on the matter. So, you MIGHT prevail on the sign issue ... but that's more a characteristic of your court than anything else.

Carl

Ok Carl, friendly Banter here.

So if he did not live in the area, would the fact of the "Un Posted" speed limit need to be presumed? That is my my issue with this. Strictly going by the other posters state codes, it still seems, it needs to be posted, and not just assumed.

T

[CdwJava]

Ugh ... I couldn't think to infer what his state might assume or presume. In CA I have seen it go both ways. But we have presumed speed limits for certain types of neighborhoods that do not require posted signs. So, if he were not traveling in a residential neighborhood or other area that is NOT commonly posted (or by statute not necessary TO post) then it would not work.

If it is an unclear location, I would suspect that the posting argument might carry the day.

Carl

Thanks for the opinions, but I must add:
* I am not exactly sure of the "assumed limits" law applying to city driving in Fl, However I do know that "Assumed limits" apply in residential areas (25 mph).

"Anyway, once you cross the border the speed limit drops to 35 mph, but there is no sign and there has never been one."

If I was from a different state driving that same route how would I know once I crossed that border the speed limit dropped. The sign is not posted until you drive about 1/2 mile or so into the other city. I see cops sitting outside my neighborhood all the time with the radar pointing towards the direction of people driving in from the other city, is that really fair to someone who doesn't even know there entering the city with a speed limit less than the city they just drove out of 5 seconds ago?

[ptlmejo]

Personally, I don't agree with enforcing speed right at a limit change, but that's just my opinion.

[CdwJava]

Originally Posted by ptlmejo

Personally, I don't agree with enforcing speed right at a limit change, but that's just my opinion.

And I believe in some states, that might be unlawful to do as well.

I don't do it that way ... but, if I really want to stop someone, I can usually find a reason to anyway.

Carl

Once again, thank you for the opinions, that's all I was seeking. Like I said in my original post, I lived here for 27 years and "I knew better" (especially that I see the cops everyday in the same spot).
Have a wonderful weekend all!!