Alan Sanders
Junior Member
I just received a speeding ticket in NY state. Their uniform ticket states defendant's speed in MPH zone. The MPH zone includes the number "50," hence stating the speed limit in the area where I was speeding was 50mph.
Here's the question/issue. The roads involved are ones I commute over every day and am familiar with. There is no 50mph sign anywhere on the route leading into where I was radar tracked. Here is an outline of what is visible on the route I was driving when "caught.".
U.S. Highway with 65 MPH posted limit. I got off this onto an exit to another highway. They are connected by a short transitional road. There are no speed limit signs at the exit or on that road.
The transition road then leads into another highway. The police car was parked about 1/8 mile down that road. Across that distance and in the area I was tracked, there was still no posted MPH sign (ergo, the last one visible was the 65 MPH one back on the other highway).
There was no MPH sign where I pulled over about a half mile further down the road. In fact, the first MPH sign one encounters is further down the road still, and is 55, not 50 MPH.
So, the question is, can "MPH zone" be based on a MPH that isn't posted? I.e. if there's no 50mph sign, how was a driver supposed to know that was the limit? Is this a basis for disputing the charge as it was written?
Here's the question/issue. The roads involved are ones I commute over every day and am familiar with. There is no 50mph sign anywhere on the route leading into where I was radar tracked. Here is an outline of what is visible on the route I was driving when "caught.".
U.S. Highway with 65 MPH posted limit. I got off this onto an exit to another highway. They are connected by a short transitional road. There are no speed limit signs at the exit or on that road.
The transition road then leads into another highway. The police car was parked about 1/8 mile down that road. Across that distance and in the area I was tracked, there was still no posted MPH sign (ergo, the last one visible was the 65 MPH one back on the other highway).
There was no MPH sign where I pulled over about a half mile further down the road. In fact, the first MPH sign one encounters is further down the road still, and is 55, not 50 MPH.
So, the question is, can "MPH zone" be based on a MPH that isn't posted? I.e. if there's no 50mph sign, how was a driver supposed to know that was the limit? Is this a basis for disputing the charge as it was written?