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No Speed Survey = dismissal?

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Ox073

Junior Member
What is the name of your state? Wisconsin

I've got a court notice to appear for trial on a speeding ticket. The stop was made on a Hwy with a posted limit of 65 mph, the officer using laser at a distance of 1536 ft. He showed me the gun and told me the distance, listing it on the citation.

I requested an engineering survey for that stretch of road and was given an email from the WISDOT Traffic Operations Supervisor that no such survey exists. I've been reading that the citation may be dismissed (according to some case law I've seen) if this survey doesn't exist. I've read the MUTCD and the addendum by the state of Wisconsin, WMUTCD and I'm not sure that the dismissal will be that direct.

Of course, the evidence for calibrating the laser gun will be contested...but is there other good advice for me to follow?

--I'll be here all night...
 


Smiles

Member
Does the highway require an engineering survey if the posted limit if 65mph, the statewide speed limit? Do the WI statutes (or case law) say that exceeding that speed is ever lawful? (Such as a "safe and reasonable for the conditions" standard.) If the answer to those two questions are no, I don't think the lack of a survey will be helpful. I can certainly see why it might be useful in situations where the speed limit is posted 30mph but no survey was done (because a reasonable limit hypothetically could be anything up to 65mph), but not in cases where the posted limit is the maximum limit.

General advice: Dress professionally, be respectful. And good luck!
 

Ox073

Junior Member
From what I'm seeing in case law, yes -- all roads require the survey. If not survey, the state is not in compliance with MUTCD and has an arbitrary, not lawful, speed limit posted. And, I'm not being charged with exceeding the state maximum - I'm being charged with traveling at a specific speed. Wish me good things...the tie is correct and the slacks are pressed...I'm headed out to do my best!

:)


Thanks.
 

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