Exit Ramp Speeding Ticket

[pbishop36]

Here is the situation that happened to me yesterday in San Antonio, TX:

I exited off of Loop 410 southbound at Fredricksburg Road (exit #15). At the end of the exit ramp was a SAPD officer who promptly stopped me and gave me a ticket for speeding. He cited me for going 58 in a 40 MPH zone.

Here is my problem.
1. The speed limit on loop 410 is 60 MPH.
2. There is an "advisory speed" limit sign of 40 MPH at the beginning of the exit ramp. I understand that this is "recommended speed", and not the enforceable speed.
3. The officer stated that the enforceable and posted speed of 40 MPH starts at the end of the exit ramp. However; a. His lights were turned on way before I even got to this point (he was sitting at the end of the exit ramp). b. The posted 40 MPH speed limit sign is another 300-500 yards further down the road from where he was sitting.

I contend that I was not breaking the speed limit, because I had not reached the first posted speed limit sign after exiting off of Loop 410.

What is your opinion or can you point me in the right direction to find a solid answer. Thanks for your help.

 

[The Occultist]

Before we can give you any good answer, we will need to know that exact statute code(s) you were charged with.

 

[Free_Advice]

The speed limit sign had a yellow backround? Then its not mandatory. You can go 60 MPH..ramps are part of the expressway.

His remark that you have to wait until you reach a speed limit sign is clearly not correct.

 

[pbishop36]

Before we can give you any good answer, we will need to know that exact statute code(s) you were charged with.

This is the only thing listed on the ticket:
"Speeding - Posted"
"Speeding: 58" "Zone: 40"

There is no statute code on the ticket that I can find. For clarification as well, the "advisory" limit sign is 40 MPH and the actual posted speed is 40 MPH. The sign for the "posted" speed is approximately 300-500 yards further down from where he began his pursuit.

 

[asiny]

The sign for the "posted" speed is approximately 300-500 yards further down from where he began his pursuit.

If the officer was at the END of the ramp - and he had to pursue you to issue a ticket - wouldn't that mean you passed him and were on the road doing 58 in a 40?
As a note. Whilst a yellow speed sign is not enforceable - it is there, not only, to indicate a recommended speed adjustment for the exit but to warn you of a change in the road ahead... i.e. the speed limit is going from 60 to 40.

 

[pbishop36]

If the officer was at the END of the ramp - and he had to pursue you to issue a ticket - wouldn't that mean you passed him and were on the road doing 58 in a 40?
As a note. Whilst a yellow speed sign is not enforceable - it is there, not only, to indicate a recommended speed adjustment for the exit but to warn you of a change in the road ahead... i.e. the speed limit is going from 60 to 40.

1. The officer turned on his lights (i.e. - clocked my speed) approximately 300 yards before I ever got to his position (at the end of the exit ramp).
2. The yellow exit speed limit signs are an "advisory speed" for the ramp itself, and they do not indicate the upcoming lowering of speed or what the upcoming speed will be. For instance, I observed today on one exit where the "advisory" limit sign on the exit was 35 MPH, and then the actual "posted" (black and white) speed sign was 45 MPH for the road.

 

[asiny]

1. The officer turned on his lights (i.e. - clocked my speed) approximately 300 yards before I ever got to his position (at the end of the exit ramp).

How do you know this is when the officer 'clocked your speed'?
1st you say the

At the end of the exit ramp was a SAPD officer who promptly stopped me and gave me a ticket for speeding.

Then you say

The sign for the "posted" speed is approximately 300-500 yards further down from where he began his pursuit.

Now you say

The officer turned on his lights (i.e. - clocked my speed) approximately 300 yards before I ever got to his position (at the end of the exit ramp).

At no time did you indicate that the officer said he 'clocked your speed' coming around the exit ramp - nor the officer said when he 'clocked your speed'.... based on the 3 different scenarios above - your claim of WHEN you were clocked and WHAT you believe you were clocked for are changing.

Take a look at this thread - exact scenario as yours.. but the OP never came back with an outcome Going over speed for an "advisory" sign and ticketed. This isn't illegal. Texas. Help

 

[pbishop36]

How do you know this is when the officer 'clocked your speed'?
1st you say the
Then you say
Now you say
At no time did you indicate that the officer said he 'clocked your speed' coming around the exit ramp - nor the officer said when he 'clocked your speed'.... based on the 3 different scenarios above - your claim of WHEN you were clocked and WHAT you believe you were clocked for are changing.

Take a look at this thread - exact scenario as yours.. but the OP never came back with an outcome Going over speed for an "advisory" sign and ticketed. This isn't illegal. Texas. Help

My re-count of the event has not changed. Let me see if I can explain this a little better for you.

While traveling on the exit ramp, I observed an officer approximately 300-500 yards in front of me at the end of the ramp. He was sitting in the "triangle" where the access road and the exit ramp come together. As soon as I observed the officer, he turned on his lights to begin the process of stopping me, indicating that he had just clocked me with his radar (radar is indicated on the ticket). I pulled over and he gave me a ticket for going 58 in a 40. The officer stated that the speed limit was 40 starting at the end of the exit ramp. The first posted (black and white) speed limit sign of 40 MPH is approximately 300-500 yards past the "triangle" where the officer was sitting.

I contend that, I am trying to get advice on, where the speed limit changes is at the point of the first posted speed limit sign and not the end of the exit ramp (even though he clocked me with his radar before this point).

 

[HighwayMan]

If the officer was at the END of the ramp - and he had to pursue you to issue a ticket - wouldn't that mean you passed him and were on the road doing 58 in a 40?

No. Don't you realize that radar antennas can point in any direction? A motorist does NOT have to pass a police officer to have his speed measured.

As a note. Whilst a yellow speed sign is not enforceable - it is there, not only, to indicate a recommended speed adjustment for the exit but to warn you of a change in the road ahead... i.e. the speed limit is going from 60 to 40.

It does no such thing. It is what it is - simply an advisory for that portion of the roadway. It is not a warning that there is a reduced limit ahead and it does not imply anything about the road beyond that point.

 

[HighwayMan]

While traveling on the exit ramp, I observed an officer approximately 300-500 yards in front of me at the end of the ramp. He was sitting in the "triangle" where the access road and the exit ramp come together. As soon as I observed the officer, he turned on his lights to begin the process of stopping me, indicating that he had just clocked me with his radar (radar is indicated on the ticket). I pulled over and he gave me a ticket for going 58 in a 40. The officer stated that the speed limit was 40 starting at the end of the exit ramp. The first posted (black and white) speed limit sign of 40 MPH is approximately 300-500 yards past the "triangle" where the officer was sitting.

You sure that's YARDS? Seems like a very long ramp.

As you describe it, my opinion is that the officer was wrong. While I can see conditions under which you might have been written some type of "speed not reasonable" violation, citing you for exceeding the posted speed limit seems wrong.

Black and white speed signs are enforceable, not the yellow and black ones. As far as I can tell, you were bound by the 60 mph speed limit while on the exit ramp. The next posted black and white speed limit sign marks the start of the new zone but doesn't take effect until you pass it, which you say you didn't.

 

[pbishop36]

You sure that's YARDS? Seems like a very long ramp.

As you describe it, my opinion is that the officer was wrong. While I can see conditions under which you might have been written some type of "speed not reasonable" violation, citing you for exceeding the posted speed limit seems wrong.

Black and white speed signs are enforceable, not the yellow and black ones. As far as I can tell, you were bound by the 60 mph speed limit while on the exit ramp. The next posted black and white speed limit sign marks the start of the new zone but doesn't take effect until you pass it, which you say you didn't.

Thank you so much for your help. I am trying to figure out the best way to contest this ticket and get it dismissed. I have been looking for the exact verbage in the law that I can use, but I have yet to find it.

 

[pbishop36]

Any suggestions on how I can go about getting this dismissed?

 

[Kiawah]

Go to googleearth, print a satellite view of the area. Go back and take a camera picture of the signs, and mark where those signs are on the googleearth picture. Mark where the office stopped you.

 

[HighwayMan]

You need to make an argument stating the fact as outlined. Locations involved, distances, etc. I am not familiar with Texas so I don't know what, if anything, you are entitled to prior to trial.

What location is noted on the ticket? Does it say you were on the ramp?

 

[OHRoadwarrior]

Using a video camera is better than pictures, to impeach the officers testimony. It will show all relative positions.