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"reasonable and prudent" speed law

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badmf

Guest
What is the name of your state? Arizona

I was nailed in a speed trap (40 in a 25) , we have no absolute speed limit here in arizona, we have a reasonable and prudent speed law.
How do I defend myself against this citation since I believe I am not guilty, the speed I was going follows the law and my speed was reasonable and prudent so as not to collide with any object or person for the conditions present?
 


K

Kaz the Minotau

Guest
15 mph. over seems unreasonable and not prudent to me...
 
B

badmf

Guest
How can you possibly make that assumption without seeing any of the facts or a traffic study for the subject area?
Kaz you sound like a real dumbass and judging by you replies in other threads that would be my assumption for the day!
 
K

Kaz the Minotau

Guest
Boy I am upset now! You called me a name... Wah... Boo Hoo I think I have to go cry a bit before I finish typing my reply... Why don't you call the judge and officer a dumb ass also. I suppose the road was straight with no houses or other traffic...
:eek:
 
Last edited:

stephenk

Senior Member
These are the Arizona speed statutes that I think apply since you didnt specify the area in which you were pulled over and the type of vehicle you were driving.

28-701.02. Excessive speeds; classification

A. A person shall not:

1. Exceed thirty-five miles per hour approaching a school crossing.

2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

3. Exceed eighty-five miles per hour in other locations.

B. A person who violates subsection A of this section is guilty of a class 3 misdemeanor.

C. A person charged with a violation of this section may not be issued a civil complaint for a violation of section 28-701 if the civil complaint alleges a violation arising out of the same circumstances.


28-703. Alteration of speed limits by local authority

A. If a local authority determines on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is greater or less than is reasonable or safe under the conditions found to exist on any part of a street or highway in its jurisdiction, the local authority may determine and declare a reasonable and safe maximum speed limit at the location and, based on the investigation, may:

1. Decrease the limit at intersections.

2. Increase the limit within any business or residence district to not more than sixty-five miles per hour.

3. Decrease the limit outside any business or residence district.

4. Increase or decrease the limit on streets adjacent to school grounds.

B. A local authority shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets in its jurisdiction and shall declare a reasonable and safe maximum limit on the arterial streets in its jurisdiction that may be more or less than the maximum speed permitted under this article for a business or residence district.

C. A local authority may decrease the limit to not less than fifteen miles per hour on an unpaved street or road within any district in its jurisdiction if the local authority determines that the limit is necessary to achieve or maintain national ambient air quality standards.

D. An altered limit established as provided for in this section is effective at all times, or during hours of darkness, or at other times as may be determined if appropriate signs giving notice of the altered limit are erected on the street or highway.

E. The alteration of maximum speed limits on state highways or extensions of state highways in a municipality by a local authority is not effective until the director approves the alteration.

F. A local authority shall not make more than six alterations per mile along a street or highway pursuant to this section, except for reduced limits at intersections. The difference between adjacent limits shall not be more than ten miles per hour except for school crossings.


28-707. Charging speed violation; burden of proof; findings

A. In a charge of violating a speed restriction in this article, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.

B. The provision of this article declaring maximum speed limitations does not relieve the plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

C. If a person is charged with a criminal offense, except for excessive speed under section 28-701.02, or cited for a civil traffic violation under this article and if the person is operating a commercial motor vehicle as defined in section 28-3001, the court, on conviction of the offense or on adjudication of the civil traffic complaint, shall make a finding based on either an admission or the evidence as to whether the speed that the vehicle was operated was fifteen miles per hour or more over the speed limit.
 

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