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School Zone

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carpediem

Junior Member
What is the name of your state? Mississippi

First let me state that I am a parent and live next to a school and believe in slower traffic around a school, especially when children are present.

I was cited with a speeding in a school zone violation in early december '07, for going 67 in a 55 mph school zone at 8:55 am. The normal speed on the state highway is 65 mph and the school zone sign had just been posted recently, before there was not a sign. I originally thought that the school zone should end at 8:30 am, not 9 am, like all the other school zones in the County so I started to do some investigation.(The school zone was marked by "School Zone when Flashing" rather than time) I looked up the MS Code that references School zones(63-3-515, 63-3-511, and 63-3-211) to try to find out what times the school zone should start and begin according to the law.

According to the state law the county has the authority to set the times of the school zone. Upon further research I have discovered that the county has not conducted the required studies or passed an ordinance designating that section of the highway as a school zone. I have contacted the School Board Superintendent and made him aware, and he kindly CC me the letter to the County Attorney making the reccomendation to pass an ordinance (after talking to an MDOT Attorney)to designate the school zone from the times: 6:30am to 8:30am and 2pm to 4pm.

I have already been to court once and after waiting for 2 hours I finally found out the police officer was 200 miles away. I asked the Prosecuting attorney and Judge what I was being charged with after I told them what I had found and they just ignored me and reschedule my trail date.

I am hoping to get some advice about how I should proceed and do I have any rights to counter sue the county wasting my time and energy, and more importantly, for putting up an illegal speed trap ?

Thanks,
 
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seniorjudge

Senior Member
Q: I am hoping to get some advice about how I should proceed and do I have any rights to counter sue the county wasting my time and energy, and more importantly, for putting up an illegal speed trap ?

A: Have all your ducks in a row when you go to court. Your defense is that you did not break the law. (You cannot sue the government for being inconvenienced; otherwise, the line outside the courthouse would stretch from Maine to California.)
 

carpediem

Junior Member
Thank you,

I have all the info I have been able to locate. I can't believe that my court date was rescheduled after I showed my info to the judge and prosecuting attorney for a 5 minute discrepancy. That is what is making me nervous and upset. I'm thinking about contacting the local press to let everyone know that there tickets were from an illegal speed trap.
 

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