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  #1  
Old 01-25-2005, 08:19 AM
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School Zone Question


What is the name of your state? GA
I just have a few questions regarding a school zone. Please, not the "thank the officer & appoligise to the kids" response. If there is a school zone sign with times ie: from 6:30 - 9:00am speed is 25 MPH, but there are 35 MPH signs past that and even one at the entrance to the school, and no end zone sign, is this legal? I was traveling at about 35-40 and the cop tagged me & said I was doing 45 (I am sure he rounded up) I thought I was doing okay, as the day before he didn't get me & I was traveling the same speed in the same spot. He sat there for about 2 weeks giving away MANY tickets. This is a HEFTY fine & would it do any good to go to court & try to get reduced?
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Old 01-25-2005, 03:43 PM
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Doesn't seem to be answers


I posted a school zone ticket scenario a few days ago and there doesn't seem to be advice on school zones. I've been researching my scenario for quite some time and will give you information I've found valuable and you may as well.

Look up the statute for which the officer cited you for, most likely a speeding statute. In my state, the law states 25 mph when children are present, entering or leaving school, or on recess. Most states to my knowledge use the "when children are present" phrase.

Determine what time school starts and ends by contacting the school or by visiting the schools website. Compare the ticket time to the start and end times. For example 9:00 on the ticket and school starts at 8:00, then children were not present.

The purpose of the reduced speed in a school zone is "to protect the children". If no children and/or buses were visible at the time you passed the school, then you were not endangering any children as they were all in the building. This can be supported by the schools time schedule and the time on the ticket.

Find out what each sign says that is posted by the school. Does it say "School", "School Zone", "When Children Are Present", etc. Typical signs say "School - 25 MPH - When Children Are Present". Use this to support your case.

If there are flashing lights at the school zone, contact the school to find out when the lights are on & off. If they're off before the ticket, that can help your case. If they're on during your ticket time, remember that a blinking amber(yellow) light merely cautions the driver to "proceed with care". It does not imply reduced speeds are in effect unless the sign posted reads "When lights are flashing".
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  #3  
Old 01-25-2005, 04:46 PM
seniorjudge
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Quote:
Originally Posted by school mom
What is the name of your state? GA
I just have a few questions regarding a school zone. Please, not the "thank the officer & appoligise to the kids" response. If there is a school zone sign with times ie: from 6:30 - 9:00am speed is 25 MPH, but there are 35 MPH signs past that and even one at the entrance to the school, and no end zone sign, is this legal? I was traveling at about 35-40 and the cop tagged me & said I was doing 45 (I am sure he rounded up) I thought I was doing okay, as the day before he didn't get me & I was traveling the same speed in the same spot. He sat there for about 2 weeks giving away MANY tickets. This is a HEFTY fine & would it do any good to go to court & try to get reduced?
Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speeds, provides that the maximum speed limit in a school zone designated as such with posted signs shall be 25 miles per hour unless a lower maximum limit is posted.

If you will notice the school zone sign facing the other lane of traffic, that is the ending of the school zone.

I could find no defiinition of "school zone" in Georgia law.

You have confessed to going 10 to 15 miles over the speed limit in a school zone.

What factors should the court take into account in answering your question about whether this should be reduced?
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  #4  
Old 01-26-2005, 01:48 PM
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Thanks for the replys.

I believe the sign preceeding the school zone just says "school" then a 20 MPH sign & the a small sign that reads between 6:60 & 9:00. I also believe that school starts at 8:30am. I was tagged at 7:23 am. I admit to going around 35-40 MPH as my reasoning was there were several 35MPH signs within the school zone area & I looked up and adjusted my speed to what I thought was within the limits. I guess I was wondering if the other 35 MPH signs were okay to be there within the "zone" and what the statue says.
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  #5  
Old 01-26-2005, 02:04 PM
seniorjudge
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"... I guess I was wondering if the other 35 MPH signs were okay to be there within the "zone" and what the statue says...."

Yes, because that is the speed limit between 9:01 pm and 5:59 am (or whatever it is the sign says).
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  #6  
Old 01-26-2005, 07:46 PM
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You probably do not want to mention this in court:

Quote:
He sat there for about 2 weeks giving away MANY tickets
Why knowingly take a chance? I'll bet the officer was thinking the same thing and so will the judge.

If the consequences are serious, you probably will not regret consulting an attorney.

In my humble opinion, ALL school zone signs should have flashing lights when the speed is in effect to provide maximum protection for the children. The random, inconsistent signage is too easy to miss, especially in the fog or rain when needed most. The money collect for school zone violations should be used to do this.
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