Does my case make sense?

[ibeinboston]

What is the name of your state?What is the name of your state? Massachusetts

Today I got a $170 speeding ticket for supposedly going 47 in a 30 zone. The officer checked off, NOT POSTED (the speed limit), RADAR, and ESTIMATED. According to Chapter 90, section 17 (shown below) of Mass law, if no speed limit is posted, one must travel 1/8 mile+ while going 30+ in a business zone. It was impossible for me to travel that 1/8 of a mile since I was at an intersection down the road (less than an 8th away) at a stop. If I use this in court, it will work, right?

Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.

[Curt581]

Originally Posted by ibeinboston

Today I got a $170 speeding ticket for supposedly going 47 in a 30 zone. The officer checked off, NOT POSTED (the speed limit), RADAR, and ESTIMATED. According to Chapter 90, section 17 (shown below) of Mass law, if no speed limit is posted, one must travel 1/8 mile+ while going 30+ in a business zone. It was impossible for me to travel that 1/8 of a mile since I was at an intersection down the road (less than an 8th away) at a stop. If I use this in court, it will work, right?

Nope.

If you do make such a claim, you'll be in for a lesson in humility.

You do NOT have to travel the entire eighth of a mile to be subject to that speed limit.

[poppakeith]

Originally Posted by Curt581

Nope.

If you do make such a claim, you'll be in for a lesson in humility.

It would not be a lesson in humility, Curt. Would be a lesson in how poorly-written laws are interpreted by cops and not often examined very closely by lower court judges. Higher courts teach humility.

[bzheng]

I've tried the same argument and the case was dismissed. You just have to prove the cop didn't have any distance meassurement.