• 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.

No sign

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

LawAbiding

Junior Member
What is the name of your state?What is the name of your state? MA

I received a ticket for speeding , 52 mph in a 40 mph zone in Boston.
I checked the street very carefully after the charge and nowhere on the street, from its northern-most to its southern-most extreme was there a sign posted stating this speed limit, in either direction.
I have looked up the Laws of Massachusetts, Chapter 90: Section 18 Special regulations speed and use of vehicles and it states:

“No such regulation shall be effective until there shall have been erected, upon the ways affected thereby and at such points as the department and the registrar, acting jointly, may designate, signs, conforming to standards adopted by the department, setting forth the speed or other restrictions established by the regulation, and then only during the time such signs are in place.”

Would anyone here be able to give me advice as to how I should proceed? What are my chances of winning this case if I plead not guilty?
Thank you.
 


Most states have a default speed limit, that if "unless otherwise posted", apply to the type of road (i.e. residential, business, etc). Search this.
 

LawAbiding

Junior Member
poohmantbb said:
Most states have a default speed limit, that if "unless otherwise posted", apply to the type of road (i.e. residential, business, etc). Search this.
Yes you are correct. The speed limit is 30 m.p.h. in MA unless otherwise posted.

I always understood that an officer takes care to charge an individual properly. The officer did not charge me for speeding in a 30 m.p.h. zone.
I was charged for speeding in a 40 m.p.h. zone. No 40 m.p.h. zone exists on this road however.

I'm very reluctant to plead guilty to this offence as I was not speeding in a 40 m.p.h. zone, as charged.

Again, I appreciate all advice and thoughts on this matter.

Thank you!
 

Find the Right Lawyer for Your Legal Issue!

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