Caught speeding with higher speed limit sign in sight.

[Cjbennett1992]

What is the name of your state (only U.S. law)? Las Vegas, Nevada

I was pulled over for speeding in a construction zone, doing 72 in a 55, cited 70 in a 55. My issue is not that I was speeding, I understand that, but I had just sped up, because of the location of the construction zone I was pulled over in was about to end (within 300 feet) and a 65mph sign was posted (within 300 feet.) I'm sure I was seen before the sign was visible however I'm trying to find when a speed limit sign goes into effect. I've read it's when you "cross the line" that the sign draws, but I can not find a law in the state of Nevada stating this.

I do no expect to get out of the ticket, even if it was 65mph I was still 7mph over and I have no problem paying that, but being cited for the 15 when I can honestly say I was going off the 65mph sign, along with everyone in front of, next to, and behind me was doing.

Any help, link to information, the law I'm looking for, or any comments will be appreciated.

Thanks,
Chris

 

[Just Blue]

What is the name of your state (only U.S. law)? Las Vegas, Nevada

I was pulled over for speeding in a construction zone, doing 72 in a 55, cited 70 in a 55. My issue is not that I was speeding, I understand that, but I had just sped up, because of the location of the construction zone I was pulled over in was about to end (within 300 feet) and a 65mph sign was posted (within 300 feet.) I'm sure I was seen before the sign was visible however I'm trying to find when a speed limit sign goes into effect. I've read it's when you "cross the line" that the sign draws, but I can not find a law in the state of Nevada stating this.

I do no expect to get out of the ticket, even if it was 65mph I was still 7mph over and I have no problem paying that, but being cited for the 15 when I can honestly say I was going off the 65mph sign, along with everyone in front of, next to, and behind me was doing.

Any help, link to information, the law I'm looking for, or any comments will be appreciated.

Thanks,
Chris

Chris...


go to the area in question and WALK ON FOOT those 300 feet. See if it seems so slight an area.

 

[Zigner]

What is the name of your state (only U.S. law)? Las Vegas, Nevada

I was pulled over for speeding in a construction zone, doing 72 in a 55, cited 70 in a 55. My issue is not that I was speeding, I understand that, but I had just sped up, because of the location of the construction zone I was pulled over in was about to end (within 300 feet) and a 65mph sign was posted (within 300 feet.) I'm sure I was seen before the sign was visible however I'm trying to find when a speed limit sign goes into effect. I've read it's when you "cross the line" that the sign draws, but I can not find a law in the state of Nevada stating this.

I do no expect to get out of the ticket, even if it was 65mph I was still 7mph over and I have no problem paying that, but being cited for the 15 when I can honestly say I was going off the 65mph sign, along with everyone in front of, next to, and behind me was doing.

Any help, link to information, the law I'm looking for, or any comments will be appreciated.

Thanks,
Chris

It goes in to effect at & after the sign. Not sure what's so confusing.

 

[justalayman]

Let's think about this in the inverse.


If you were in a 45 mph zone and you could see up in the distance a 25 mph zone. Would you accept a ticket for speeding 45 in a 25 zone simply because you could see the 25 mph sign? Would a person with great eyesight be due a ticket before a person with poorer eyesight because they could read the 25 mph sign before those with poorer eyesight could?

 

[OHRoadwarrior]

The speed limit sign is where the speed changes. Visualization of the sign does not legally imply an acceleration zone.

 

[FlyingRon]

This is like saying you can run a red light if you saw a green one.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Las Vegas, Nevada

I was pulled over for speeding in a construction zone, doing 72 in a 55, cited 70 in a 55. My issue is not that I was speeding, I understand that, but I had just sped up, because of the location of the construction zone I was pulled over in was about to end (within 300 feet) and a 65mph sign was posted (within 300 feet.) I'm sure I was seen before the sign was visible however I'm trying to find when a speed limit sign goes into effect. I've read it's when you "cross the line" that the sign draws, but I can not find a law in the state of Nevada stating this.

You do realize that whatever fee/fine you receive may very well be doubled because you were caught in a construction zone??

 

[single317dad]

Any help, link to information, the law I'm looking for, or any comments will be appreciated.

If you want to find the law/statute/ordinance regulating that particular traffic sign, you'll need to find out who's responsible for the sign and contact that authority. Could be the state, county, or municipal government. The plaintiff on your ticket, or which court the case is filed in may be an indicator.

 

[Salsawood]

Speeding in construction zone.

It matters not at all what anyone else was doing in front of or behind you. You were speeding.
Speeding in a construction zone.
IF there was not a sign stating, "End of Construction Zone" and it was obvious the work zone area was behind you, you might make the case.
You can check your state regulations and the MUTCD as to required signs in a construction zone. See chapter 6, Temporary Traffic Control.
Some states require that workers be present in the construction zone to sustain a ticket for speeding above the construction zone reduced speed limit. Other states say the reduced speed is effective always.

If you passed an "end of construction zone" sign you are permitted to resume the posted normal speed regardless of where the regular speed limit sign is located. They often do not post the correct signs.
For Nevada,
Nevada Double original fine (up to $1,000), 6 months jail time, or 120 hrs. community service Yes Yes
Law requires workers are present for work zone speeding citation and speed limit signs are required.

If in doubt about signs, go back, take photos or video of the zone.
If you were clearly in the work zone w workers present, you are guilty.
The manuals state a minimum of work zone reduced speed to allow for normal traffic flow.
In other words, the correct place to resume the normal speed is not at the normal 65 mph sign, but at the end of the work zone. If the construction equipment, signs, barricades and such has ended and there is not a posted End if Work Zone sign, you can resume the 65 limit.
If all those barricades and such have ended and it is apparent the work zone has ended, BUT they put an end of construction sign way down the road you can take photos and video into court to show a typical motorist would recognize the zone had ended and resume normal speed. Often the proper or required signs are not used, not moved as the zone changes and the information for the driver is not correct.

 

[Zigner]

It matters not at all what anyone else was doing in front of or behind you. You were speeding.
Speeding in a construction zone.
IF there was not a sign stating, "End of Construction Zone" and it was obvious the work zone area was behind you, you might make the case.

NONSENSE. This case has nothing to do with the end of the construction zone. Read again

 

[Salsawood]

"Zigner;3222293] NONSENSE. This case has nothing to do with the end of the construction zone. Read again"

Zigner, yes. you read again. What part of " was about to end " don't you understand?
OP states; "the construction zone I was pulled over in was about to end (within 300 feet)"

This case has EVERYthing to do with where the work zone ends as well as where the work zone begins and
IF there was a work zone at all, as marked by signs.

 

[Zigner]

"Zigner;3222293] NONSENSE. This case has nothing to do with the end of the construction zone. Read again"

Zigner, yes. you read again. What part of " was about to end " don't you understand?
OP states; "the construction zone I was pulled over in was about to end (within 300 feet)"

This case has EVERYthing to do with where the work zone ends as well as where the work zone begins and
IF there was a work zone at all, as marked by signs.

No, it does NOT. The OP had not reached the 65 mph speed limit sign. Period. The construction area is irrelevant (well, except maybe for the possibility of increased fines)

 

[justalayman]

Salsa, did you read where the op was in a 55mph zone and saw a 65mph sign ahead of him?

In addition, OP admits the he was still in the construction zone as well.



Knowing those facts, just what defense do you have the op actually has at this point

 

[Salsawood]

TQUOTE=Cjbennett1992;3216163]What is the name of your state (only U.S. law)? Las Vegas, Nevada
~ I was pulled over for speeding in a construction zone, doing 72 in a 55, cited 70 in a 55.
My issue is not that I was speeding, I understand that, but I had just sped up, because of the location of the construction zone
~ I was pulled over in was about to end (within 300 feet) and a 65mph sign was posted (within 300 feet.)
I'm sure I was seen before the sign was visible however I'm trying to find when a speed limit sign goes into effect.
I've read it's when you "cross the line" that the sign draws, but I can not find a law in the state of Nevada stating this.
~ I do no expect to get out of the ticket, even if it was 65mph I was still 7mph over and I have no problem paying that,
but being cited for the 15 when I can honestly say I was going off the 65mph sign, along with everyone in front of, next to,
and behind me was doing.
~ Any help, link to information, the law I'm looking for, or any comments will be appreciated.
Thanks, Chris[/QUOTE]

Chris / Cjbennett1992;
The difference between 15mph over in a 55mph work (construction) zone & 5mph over in a 65 mph speed zone is HUGE.
Yes, speed limits start at the speed limit sign, but there is a lot more to it than that.
Nothing matters in court except you & your ticket and behavior, not everyone else who was on the road near you.
~ For you, what matters is what information was given to you (signage), where were the signs located & where was your car
when your speed was measured.
~ Work zones are notorious for having improper signs or conflicting information.
If there were no signs indicating "Work Zone", you were not in a work zone and your fine cannot be doubled.
If there was no sign stating, "End Work Zone" (often there is not), the end of the work zone is up to discretion.
Work zones rarely post a sign stating the new/ regular speed at the end of the work zone.
~ ! The 65 mph speed limit sign you mention is certain to be the 65 mph sign that was there before the work zone was created
and will stay there after the work zone is removed.
If that is the case, that 65 mph sign is NOT the mark of the end of the work zone.
~ All of this, signs, rules, work zones, etc; is set in the M-U-T-C-D. Every state adopts this one national standard and most states
also have their own rules and procedures as well. The goal is uniformity and consistency.
This manual on uniform (yes) traffic -yes~ control =yes+ devices has a section on T T C - temporary /traffic /control.
My punctuation/ extra text is to try to avoid getting flagged per Google search algorithms.
~ You need to go back and check the work zone, take photos or video and then re-post information or decide if you were in fact inside a well-defined work zone.
If you can show you were not, or the signs were conflicting or ambiguous or confusing, you might beat this ticket.
If this code for speeding is different than the usual speeding ticket, you might avoid that speeding ticket as well.
In most case, they cannot add another citation after you get to court, so if you were cited for the wrong code, you might walk out clean.
See my next post for an example of a construction zone 6 miles from me that has conflicting and improper signs and sign placement.

~ Kind Regards CMI

 

[Salsawood]

We don’t know if Chris was in a work zone, and here is a real life example of very bad signage.
~ ~ I-89, 6 miles from me, 4 lanes, 2 lanes NB, speed is 65.
Standard speed limit signs left & right of road, 55 mph. A new speed zone.
Then standard 45 mph speed signs mounted on very large orange diamond shape signs on left & right of road. A 2nd speed zone.
~ By rules, M U T cd, speed changes more than 10 mph require enhanced speed limit signs, so they decided to make 2 speed changes of 10 mph.
A much better choice.
Then, standard 45 mph speed limit signs, left & right.
At this point, there is NO WORK ZONE to be seen. Enough signs?
~ If you didn’t get the message yet, slow down, you don’t have a pulse.

Then, signs left & right, Work Zone 45 mph, flashing lights, radar display, Your Speed.
This begins the work zone.
Soon, Left lane ends, merge right.
Cement barricades separating the left traffic lane from the right construction lane.
One truck w crane present. No workers (today), no double fine IF you speed more than 45 mph.
Shortly, the barricades end, no trucks, supplies, workers, signs. But w orange cones in left lane. No signs. Yet.
Still orange cones in left lane, and right side of road, a standard
‘Speed Limit 65 / Minimum 45’ sign. (NOTE! this sign should have been removed or covered)
No End of Work Zone sign, no End Double Fine Zone sign.
~ ~ Am I still in the work zone?
~ This gives any conscious, thinking driver the information and reasonable supposition the work zone has ended.
The sign, slightly ahead says, 65 frigin’ mph. This is NOT a construction zone installed sign, it is the sign that has been there for 20 years!
2 more orange cones after the 65 mph sign, then, ahead about a half mile, not yet readable, barely visible;
2 small Orange signs, left & right,
End
Road Work
~ They put a 65 mph sign INSIDE a 45 mph work zone! or more accurately, they forgot to cover or remove that 65 mph sign.
Very often work zones have bad signage, bad placement, neglect to move the signs as construction progresses and there are,
as in this case, confusing information provided to the motorists.
That standard 65 mph sign does not indicate the end of the work zone/ road work!
Neither does the 65 mph sign OP Chris passed at 72 mph. (I believe)
~ OP might have been in the work zone still, but we do not know, and we will not know until he can inform himself and inform us.
If he had passed all of the construction, workers, supplies, equipment similar to the work zone near me, no signs or indications to show ongoing work zone, he has a case to say reasonable indication the work zone has ended.
Since work zones change daily, he better get out there and take photos and video.
~ The salient point is this, every state follows the M –UT -CD which sets standards and preaches consistency in design and installation of roads & traffic devices.
On this topic, the manual discourages long sections of work zone speeds, prefers only zoning the area where work is ongoing, suggests no speed zones when cement barricades are present and a host of other criteria and guidelines. There is information in that section of the manual that will be helpful in arguing a case.
Yes, a judge might say, I don't care, safety, construction zone nearby, go slower, drive farther until you are certain.
IF there is substantial evidence to show reasonable presumption he was out of the work zone, go with it, and more importantly, if there was never any signage indicating an end to the work zone, that opens up a lot of speculation and a lot of argument.
When he says, 'the work zone I was pulled over in', I am not convinced he was INSIDE the work zone.
All he said was, there was a 65 mph sign. Yes, he will take the 72, or 70 in a 65 mph zone ANY DAY over 70 in a 55 mph work zone.
Good day.