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speeding in a school zone

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LadyJulie

Junior Member
What is the name of your state? Virginia

I received a speeding ticket for going 46 in a 25 mph "school zone". I will admit that I was speeding on the road, and the road was 25 mph posted, but it was after school hours and the flashing lights were not on, indicating that school kids/buses were in the area. I want to make the distinction that I was not speeding at a time when children were in the area during school hours, because I know that the designation of speeding in a school zone will hold a greater penalty than just regular speeding.

Do I have a chance of fighting that charge based on the hour of the day?

Thanks,
Julie
 


Happy Trails

Senior Member
LadyJulie said:
What is the name of your state? Virginia

I received a speeding ticket for going 46 in a 25 mph "school zone". I will admit that I was speeding on the road, and the road was 25 mph posted, but it was after school hours and the flashing lights were not on, indicating that school kids/buses were in the area. I want to make the distinction that I was not speeding at a time when children were in the area during school hours, because I know that the designation of speeding in a school zone will hold a greater penalty than just regular speeding.

Do I have a chance of fighting that charge based on the hour of the day?

Thanks,
Julie
What time of day did you get the ticket?

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-873
 

Happy Trails

Senior Member
LadyJulie said:
It was 3:50 pm on a Friday afternoon. Thanks for the link.

Julie

From link:
§ 46.2-873. Maximum speed limits at school crossings; penalty

B. Such portable signs, tilt-over signs, or blinking signs shall be in a position, or be turned on, for thirty minutes preceding regular school hours, for thirty minutes thereafter, and during such other times as the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. The governing body of any county, city, or town may, however, decrease the period of time preceding and following regular school hours during which such portable signs, tilt-over signs, or blinking signs shall be in position or lit if it determines that no children will be going to or from school during the period of time that it subtracts from the thirty-minute period.

...............

E. Any person operating any motor vehicle in excess of a maximum speed limit established specifically for a school crossing zone, when such school crossing zone is (i) indicated by appropriately placed signs displaying the maximum speed limit and (ii) in operation pursuant to subsection B of this section shall be guilty of a traffic infraction punishable by a fine of not more than $250, in addition to other penalties provided by law.



I don't know what the signs look like, where they are located or when school is out.........

If they meet the specifics that are mentioned in section B then you are guilty.

If they don't then fight the ticket (at least the school zone penalty).
 

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