Speed Not Posted On New Road : Ticket?

[Parker12]

What is the name of your state? Iowa

Hello everyone and thanks for any advice that can be offered.

I was recently pulled over on a new connecting street a few blocks away from my house. The road does not have any speed limit signs on it. Becuase it connects 2 main city roads (one 35mph and one 45mph) I made the apparently poor assumption it was also a 35mph road.

I was pulled over for doing 35mph in a 25mph zone. I'm not trying to get out of a speeding ticket by lieing about how fast I was going I simply find it strange it's not posted anywhere.

I just purchased a new car and thought I was being pulled over to check the new tags and insurance. Before the officer got to the door I was already off the phone informing a friend I would be late picking him up as I got pulled over and had everything ready for the officer to take back to his vehicle.

Officer immediatly asked if I had been drinking. I replied very honestly and said I took a few employees out to say thanks for their hard work this week and had one myself.This was about 8PM when I was pulled over.

I ended up recieving 4 breathalyzer tests. Passing them all. 2 came up inconclusive, 1 came up .3, 1came up .7 (any reason there would be such a variance here?) and being accused of fooling the machine. I also was lucky enough to get to do a sobriety test in the road for the officers as well. The officer who pulled me over called in for help, for what reason I don't know. He called on his radio for potential assistance was how it was worded) and getting taken to the station for further testing. All said and done I spent 3 hours with these yahoos.

I also stood outside the vehicle during these tests (2 breath tests and the sobriety test)- (2 i later recieved were at the station which didn't even register anything in my system ) in about 30 degree weather with a long sleeve tshirt on and after I was frisked wasn't allowed to even put my hands in my pockets. I was a tad cold

If I was speeding. I was speeding. I can live with that. What burns me is I was pulled over for speeding and tagged 2 blocks from my house on a road I drive on everyday since it was opened and subjected to hours of testing and demeaning comments from officers I was honest with and incredibly proffessional with even though I didn't feel like I was being treated with respect. After this was all said and done they wouldn't even take me back to my car becuase "I had been drinking". I was fortunate enough to be able to call a friend who was able to go to my house to get extra keys and bring it home for me before I got there. The irony is there was 2 more cars at home for me to take if I wanted to leave. I don't understand what problem this solved. The officer even helped himself right into my house to talk to my friend to explain how lucky I was not to be in jail.

I also thought it was strange the officer moved my car into a parking lot from where I pulled over. Any idea why they would do this? The car was parked legally if it was just sitting there and didn't need to be moved.

I feel like they took advantage of the fact that the city has been rather laxed sharing this speed limit on this street with the people who live here and tried to milk the situation for all it was worth. I don't think that's right. My feelings don't mean anything legally however and that's life.

If legally I've got no leg to stand on I'll simply pay the ticket and move on with my life. Do I have any real arguement to contest this ticket based on the simple fact there is no speed limit on this road posted?


Thanks for any advice in advance!

[poohmantbb]

Originally Posted by Parker12

Do I have any real arguement to contest this ticket based on the simple fact there is no speed limit on this road posted?

I won't even bother responding to your whining and whimpering bull****, but I am more than happy to try and answer this question. I don't know if Iowa is the same, but this may help you look for your answer.

My state, Oregon, has a cover all speed limit where there is a set speed, depending on type of road, that is regulated, when not posted (or posted otherwise.) (ie. residential, if not posted, is 25mph)

[Parker12]

Thanks for the information!

Is there any specific information regarding what determines residential road? Is this done by a civil engineer as part of a survey or a generic labeling by the city/state?

Is there any real truth to this hoopla regarding speed surveys being taken on roads that would determine legal speed limits?

I will do some searches for a cover all limit style law in Iowa. Thanks for pionting me in that direction.

[JETX]

Originally Posted by Parker12

If legally I've got no leg to stand on I'll simply pay the ticket and move on with my life. Do I have any real arguement to contest this ticket based on the simple fact there is no speed limit on this road posted?

Every road... signed or not, has a speed limit set by state law.
In the case of Iowa, the following laws are set by statute:
65 MPH on controlled-access, multilaned highways including interstate highways
55 MPH on other highways or on surfaced secondary roads
45 MPH in suburban districts
45 MPH on roads under the control of the State Board of Regents
35 MPH on State parks and preserve roads
25 MPH in a residence or school district
20 MPH in a business district

These are all set by your state laws at:
[url]http://www.nhtsa.dot.gov/people/injury/enforce/speedlaws501/toc/iaspeed.pdf[/url]

[Parker12]

Jet - Great link and information. Thanks!

After a bit of sifting through Iowa code I found there is a Iowa duty to install law which stupilates the cities responsibility to make any and all speed limits publicly seen by installing speed limit signs if I understand it right. I also managed to find the specific law that cites speed limits in various districts which pretty much is the same thing you posted (this duty to install law is cited in the link as well as 321.289)

However it offers no information regarding 'what if' it's not public or if public just means the information is avaliable in one form or another or actually posted on the street.

These districts seem to have to be specified by the city so I guess my next stop is finding who does this exactly, when, and what if it isn't or wasn't done.

That's another great link to bookmark. I guess I'll consider the ticket a blessing it's giving me a little motivation to learn a little more about traffic laws.

Thanks again for everyones posts.