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Speeding 70 in a 55 zone in Canton, MS

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lngbrdmn

Junior Member
What is the name of your state (only U.S. law)? Mississippi

Last night at 8:45 pm I was pulled over and cited for going 70 mph in a 55 mph zone. The officer was driving towards me. I doubt the validity of this based on numerous factors that I will elaborate on shortly and know I was not doing 70 mph, maybe 60-65 at the max but surely not 70.

I have done some research and wanted to see if anyone could answer this question first:

Are Mississippi Police allowed to use RADAR guns to catch speeders? This is the statue that I pulled up, I'm referenging the underlined portion #3 below:
The ticket was off of Highway 51 so I think that #3 applies. Also, it was within the city of Canton, MS where according to the 2011 census the population was 12,911. Not sure what is counted as "public streets" (basically what seperates #1 from #3).



MISSISSIPPI CODE OF 1972
As Amended

SEC. 63-3-519. Use of radar speed detection equipment; authorization and limitations.

It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state. However, such equipment may be used:


1. By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;


2. By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;


3. By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits.

The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census.


SOURCES: Codes, 1942, Sec. 8176.5; Laws, 1966, ch. 383, Secs. 1, 2; 1968, ch. 542, Sec. 1, eff from and after passage (approved May 15, 1968).




MORE INFORMATION:

-I dont know if it matters but I drive a 2013 Infiniti G37, the officer listed the vehicle make as a Nissan and the model as "Infiniti".
-For the location, it says Highway 51 at/near "church road" which is about .5 miles from where I was actually pulled over. From church Road you cannot see where I would of been when he supposedly clocked me on radar, there is a hill in the way. By the time he is over the hill, when I saw him and he turned on his lights, he is .4 - .5 miles farther down the road.

Thank you in advance for the help!!
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Mississippi

Last night at 8:45 pm I was pulled over and cited for going 70 mph in a 55 mph zone. The officer was driving towards me. I doubt the validity of this based on numerous factors that I will elaborate on shortly and know I was not doing 70 mph, maybe 60-65 at the max but surely not 70.

I have done some research and wanted to see if anyone could answer this question first:

Are Mississippi Police allowed to use RADAR guns to catch speeders? This is the statue that I pulled up, I'm referenging the underlined portion #3 below:
The ticket was off of Highway 51 so I think that #3 applies. Also, it was within the city of Canton, MS where according to the 2011 census the population was 12,911. Not sure what is counted as "public streets" (basically what seperates #1 from #3).



MISSISSIPPI CODE OF 1972
As Amended

SEC. 63-3-519. Use of radar speed detection equipment; authorization and limitations.

It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state. However, such equipment may be used:


1. By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;


2. By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;


3. By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits.

The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census.


SOURCES: Codes, 1942, Sec. 8176.5; Laws, 1966, ch. 383, Secs. 1, 2; 1968, ch. 542, Sec. 1, eff from and after passage (approved May 15, 1968).




MORE INFORMATION:

-I dont know if it matters but I drive a 2013 Infiniti G37, the officer listed the vehicle make as a Nissan and the model as "Infiniti".
-For the location, it says Highway 51 at/near "church road" which is about .5 miles from where I was actually pulled over. From church Road you cannot see where I would of been when he supposedly clocked me on radar, there is a hill in the way. By the time he is over the hill, when I saw him and he turned on his lights, he is .4 - .5 miles farther down the road.

Thank you in advance for the help!!
The underlined only applies to FEDERAL highways AKA FREEWAYS (I-59/20, I-10).
 

HighwayMan

Super Secret Senior Member
So based on the population numbers you quoted subsection 1 certainly applies in your case so the use of the radar was obviously legal and legitimate.

subsection 3 doesn't appear to apply at all.

I don't see you with any argument here.
 

HighwayMan

Super Secret Senior Member
I doubt the validity of this based on numerous factors that I will elaborate on shortly and know I was not doing 70 mph, maybe 60-65 at the max but surely not 70.
You didn't elaborate any factors which would cast doubt upon the measurement of your speed. "maybe 60-65" hardly complements "I was not doing 70". The bottom line is you do not seem to know just how fast you were travelling.

-I dont know if it matters but I drive a 2013 Infiniti G37, the officer listed the vehicle make as a Nissan and the model as "Infiniti".
Probably matters not.

-For the location, it says Highway 51 at/near "church road" which is about .5 miles from where I was actually pulled over.
It makes no difference where you got pulled over. The location of violation does not have to be exact anyway.
 

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