Speeding but no limit posted?

[Dori_heart]

What is the name of your state (only U.S. law)? VA


I recently got a ticket for going 55 in a 40. The section of road I was pulled over in does not have a speed limit sign posted. It goes from a 45 speed limit to a "reduce speed ahead" sign to about a mile of road that does not state the speed. Are my chances of getting it dismissed in court good? I was thinking about recording the road to show in court to support my case.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? VA


I recently got a ticket for going 55 in a 40. The section of road I was pulled over in does not have a speed limit sign posted. It goes from a 45 speed limit to a "reduce speed ahead" sign to about a mile of road that does not state the speed. Are my chances of getting it dismissed in court good? I was thinking about recording the road to show in court to support my case.

Since speed limits are typically posted in 5mph increments, the highest possible reduced speed below 45mph is 40mph.

I don't think a recording will prove your case.

 

[Zigner]

However, if it were not posted, then in never was in force.

And, for the OP - you were going 55 in a 45 - you admit as much, right? Don't expect a dismissal on this...

 

[Maestro64]

The other way to look at this is the state has the burden to post speed limit signs, without them posted no law was broken.

Unless the state has a law, which VA probable does that says if no sign is posted there is an assumed limit of 55MPH, unless it a residential or urban district which then the assumed limit is now 25MPH or 35MPH.

If VA has a law that state as such and then no posted speed limit sign and not in one of the special cases then the assume limit is 55MPH. Before someone states that yes there was a limit sign it was 45, which is tru, however the laws govern speed limit signs also state they must be posted every 1/2 miles. If what you were saying is true the last PSL was more than 1/2 mile from where you were pulled over and there is no PSL sign saying 40 MPH the ticket is invalid.

You do not need to admit what your speed was that is not relevant, it is the states burden to show there was PSL sign of 40 and where it was relative to where you were pulled over. If the state can not substantiate with evidence (the officer word that a sign is there is not proof of anything) this claim and you can show there was no PSL sign for miles and especially one claiming 40, you should be able to get the ticket dismissed on ground of lack of evidence.

Remember this, the office first has to prove the speed limit was in fact 40MPH, then he has the burden to show it was properly posted in accordance to the laws. The officer will attempt to claim this are in fact true, but you need to challenge this fact and show the court it was not true.