• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Speeding ticket - zone speed not posted

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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?:confused:
 


Alan Sanders

Junior Member
Anyone? Just curious if I should try to use the lack of a posted speed limit in court as a basis to argue the ticket as written is wrong.
 

Maestro64

Member
Alan,

IF you want to fight this, you need to first find in the NY Statues where they clearly adopted the MUTCD standards, do not worry all states are required to adopted this federal standard. Once you have this you find the section in the MUTCD where it clearly calls out that Speed signs must be posted every 1/2 miles and at the entry of all highways.

http://mutcd.fhwa.dot.gov/index.htm

There is the link for your reference.

So once you have the two above facts in hand, and your photos/video of the area cleanly showing no posted signs then go court and explain the rules as set by the MUTCD and adopted by the State of NY and ask for the ticket to be dismissed since the state failed to follow the rules.

One other thing to check for in the vehicle code, see if they have a rule about what the assume speed limit is when no sign is posted. Some states have a rule, which tries to get around the MUTCD that says if no sign is posted then the assumed speed limit is XX MPH.

Good to know this, but the officer or the judge may not know this rules exists.

Generally speaking a speed limit is not enforceable unless it is posted and complies with the MUTCD unless the states has its only set of rules that augment the MUTCD.
 

Zigner

Senior Member, Non-Attorney
And, in your research, remember that states are allowed to amend/modify the rules based on local situations ;)
 

OP85063

Member
You should video the route where you drive to show that there's no speed limit posted to where you get onto the highway where you get the ticket. Also include where you get the ticket further down in your video, the actual speed limit is 55 not 50.

Explain you were getting on an highway where the speed limit is 65, on your merge to the next highway there's no posted speed limit so you maintain your speed.

Looks like the cop didn't know the speed limit either, if down the road the speed limit is posted at 55 and not 50.

Good Luck, I'll make sure I document that carefully and point it out in your case
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top