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Sign Twisted around from Hurricane in FL

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Palkalocka

Junior Member
What is the name of your state? Florida

I was doing 57 in a 35 and got stopped. The speed limit sign was twisted around from the hurricane and completely illegable. Should I take this to court and if I do and lose, what is the worst that could happen? Thanks.
 


racer72

Senior Member
If a speed limit sign is not posted or is obscurred or damaged, your state's basic speed limit law applies. You can read it here. If the actual speed limit is 35, the basic speed law says you should be going no faster than 30 on that street. Take a picture of the sign to court but don't be surprised if the judge uses the basic speed limit law against you.
 

sukharev

Member
not so sure about 30 mph

racer72 said:
If a speed limit sign is not posted or is obscurred or damaged, your state's basic speed limit law applies.
right on the money...
racer72 said:
If the actual speed limit is 35, the basic speed law says you should be going no faster than 30 on that street. Take a picture of the sign to court but don't be surprised if the judge uses the basic speed limit law against you.
Not so sure about 30 mph. Speed limit usually gets reduced, not increased, so he may have a 55 or even 65 by default. In such case, he should just get a warning! Don't know how to find out if the road is within business and residence districts as covered by 316.183(2) & 316.189(2)(a)

Any ideas?
 

Palkalocka

Junior Member
Well, the area where it was I would think would fall under the "All other" category. I had just turned on from a four lane road (45mph) and there were no houses or anything. No intersecting streets, no nothing. There are residences around but none in this precise area. Is it possible to post a picture on here? Thanks for all the suggestions
 

sukharev

Member
sounds like 55 mph

look up 316.183(2) to be sure, but if the picture shows no houses or businesses, does not sound like residential area. Don't show picture to us, show it to the judge. Argue you have a default 55 mph limit and should have gotten a warning according to the law. Moreover, mention you turned, otherwise previous speed limit of 45 mph may apply. Try to get the info on that road just to be sure, see if speed limit was not posted legally to start with (local ordinance/regulation + engineering study may be required by law before it's posted). Get a copy of MUTCD, use it if needed to back up the twisted sign argument.
 
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