Speeding over advisory speed limit, can they legally give you a ticket in california?

[ez1]

Califorina.
Ive been to traffic school before and the officer told me that the officers only give tickets where there is regulatory signs that show the mandated speed limits. he also told us that advisory signs only show what that road is rated.In California, the recent CVC 21461 which became effective on 1/1/06 applies in
general to all signs of regulatory nature, implying that only regulatory signs
are enforceable and therefore leading to conclude that warning signs would not
be enforceable. Its that true. I was speeding 77mph in 55mph adisory area, can they give me a ticket legally?

 

[Zigner]

Califorina.
Ive been to traffic school before and the officer told me that the officers only give tickets where there is regulatory signs that show the mandated speed limits. he also told us that advisory signs only show what that road is rated.In California, the recent CVC 21461 which became effective on 1/1/06 applies in
general to all signs of regulatory nature, implying that only regulatory signs
are enforceable and therefore leading to conclude that warning signs would not
be enforceable. Its that true. I was speeding 77mph in 55mph adisory area, can they give me a ticket legally?

Yes, they can. First, you exceeded the maximum STATUTORY speed in the State of California. Second, they can cite you for exceeding the maximum SAFE speed (Basic Speed Law).

Jim will be along shortly to advise you on possible avenues to explore in fighting your ticket...

 

[cepe10]

The advisory speed can't be used. see mutcd.

http://mutcd.fhwa.dot.gov/htm/2003r1r2/part2/part2c.htm#section2C36

they have to be based on an engineering study as well.

 

[justalayman]

Califorina.
Ive been to traffic school before and the officer told me that the officers only give tickets where there is regulatory signs that show the mandated speed limits. he also told us that advisory signs only show what that road is rated.In California, the recent CVC 21461 which became effective on 1/1/06 applies in
general to all signs of regulatory nature, implying that only regulatory signs
are enforceable and therefore leading to conclude that warning signs would not
be enforceable. Its that true. I was speeding 77mph in 55mph adisory area, can they give me a ticket legally?

what are you calling an "advisory area". What was the actual posted limit?

 

[Zigner]

The advisory speed can't be used. see mutcd.

http://mutcd.fhwa.dot.gov/htm/2003r1r2/part2/part2c.htm#section2C36

they have to be based on an engineering study as well.

Pepe - they CAN cite for exceeding the maximum safe speed for CONDITIONS (Basic Speed Law)

 

[CdwJava]

The sign would be just one element to help show a violation of CVC 22350 (unsafe speed). If the sign was erected pursuant to the MUTCD then it can be cited for 21461.

- Carl

 

[JIMinCA]

ez1,

Exactly, what were you cited for???