Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-01-2003, 01:46 AM
Nicepants
Guest
 
Posts: n/a

Speed Limit Not Posted


What is the name of your state? KS

I was issued a citation for traveling 70mph in a 55mph zone. However there are NO speed limit signs on the road I was on. Not a single one. The road leaves a small town. The other roads leading out of that town are all have POSTED 65mph speed limits.

Kansas has a law which states: "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards then existing. "

I believe i was following that law, and given the fact that there wasn't a speed limit posted, is it likely I will have this charge dismissed?
    Reply With Quote
  #2  
Old 07-01-2003, 02:14 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Speed Limit Not Posted


Quote:
Originally posted by Nicepants
What is the name of your state? KS

I was issued a citation for traveling 70mph in a 55mph zone. However there are NO speed limit signs on the road I was on. Not a single one. The road leaves a small town. The other roads leading out of that town are all have POSTED 65mph speed limits.

Kansas has a law which states: "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards then existing. "

I believe i was following that law, and given the fact that there wasn't a speed limit posted, is it likely I will have this charge dismissed?
**A: no.
    Reply With Quote
  #3  
Old 07-01-2003, 02:28 AM
Member
 
Join Date: Jun 2003
Location: California
Posts: 121

Default speed limits


On page 11 of your driver handbook you will please read the speed limits where no limits are posted.
Type Kansas dmv in your browser. You'll need Adobe Reader.
Your question will be answered and you will be disappointed.
    Reply With Quote
  #4  
Old 07-01-2003, 08:28 AM
Senior Member
 
Join Date: May 2003
Posts: 2,607
You need to remember that many speeding tickets are about revenue. Assuming it was a city police officer your chances of beating the ticket are not good. Could there be a reason the speed limit is not posted? Does speed trap sound familiar.

Generally your best option is to contact the clerk of court and see if you are eligible for traffic school. Your goal is to keep the ticket off your record. You will still have to pay the fine and costs but not having the ticket on your record means that your insurance company will not see it.

If you are local another option is to show up on your court date and try to get the ticket reduced to a no point violation. If that doesn't work you could still ask for traffic school.

For general information you might want to go to

[url]http://www.speedingticketcentral.com/ticket-alert.html[/url]

and follow the New Rome and Summersville links.
    Reply With Quote
  #5  
Old 07-01-2003, 12:15 PM
badtenant
Guest
 
Posts: n/a

Re: Speed Limit Not Posted


Quote:
Originally posted by Nicepants
What is the name of your state? KS

I was issued a citation for traveling 70mph in a 55mph zone. However there are NO speed limit signs on the road I was on.
I believe i was following that law, and given the fact that there wasn't a speed limit posted, is it likely I will have this charge dismissed?

I had the same thing happen to me many years ago. So in my anger i went back and traveled the same route the next day and lo and behold, the officer was right there was a 40 mph speed sign, (i was doing 54).....Right in Back of a brand new TOWN sign (Hi welcome to Vahalla) installed by the highway department. I took my trusty little kodak instamatic camera and took pictures of the speed limit sign which was totally hidden from view, showed the pictures to the judge...... ....dismissed!
    Reply With Quote
  #6  
Old 07-01-2003, 09:41 PM
Nicepants
Guest
 
Posts: n/a
Good to hear about your case being dismissed. I'm confident that if this judge is not a total idiot mine will be as well.

I plan on taking a camera...either still or video. (Probably video) And shoot the stretch of road that I was driving on because I traveled the road an additional time just to be sure and there ARE no signs.

In ks...the law says that on a "county or township highway" the speed limit is 55, but on "any other highway" it's 65. I'm assuming that this was one of those county or township highways...although since it wasn't marked in any way I'm not sure how i was supposed to know that either.
    Reply With Quote
  #7  
Old 07-02-2003, 07:35 AM
Senior Member
 
Join Date: May 2003
Posts: 2,607
If you are planning on fighting the ticket in court I suggest that you attend a few trials in the same court prior to your trial. If the judge is just finding everybody guilty despite the situation you are wasting your time.

If he is letting some people off then you will pick up a few pointers.
    Reply With Quote
  #8  
Old 07-02-2003, 09:38 AM
Nicepants
Guest
 
Posts: n/a
Unfortunately the court is a 4 hour drive from where I live so I doubt I'll have that luxury. I do plan on arriving early enough so that if thter are other cases that day I can observe a couple before mine.

I've heard many times that even if you just show up to contest a ticket in court that the prosecutor will offer you a reduced fine before the trial even occurs, so if the judge is really not being fair I might do that.
    Reply With Quote
  #9  
Old 07-02-2003, 03:52 PM
badtenant
Guest
 
Posts: n/a
Tehn get a road map and travel say 5 miles back from where you were ticketed, and mark down any and all signs...

Take pictures, and then lay them on the road map so the judge could see, you past a mcdonalds sign at Rte XXX, then welcome to smallsvile at XXX, but all along the way there is no speed limit signs anywhere.

and maybe you will find the speed sign hidden behind an overgrown bush or tree, or all covered in grafitti.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:40 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.