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Speeding Ticket MA

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Pbce888

Junior Member
What is the name of your state? Massachusetts

My truck was sputtering because I was running out of gas and the nearest gas station was about a mile away, I know the area well and i was going down a hill so I put my car into neutral and rolled hoping I could save enough gas to make it the rest of the way. I went down the hill and there was a sign 25 mph going around the corner, so I slowed down to around 25 and after the corner let off the brake to coast down the hill. I went around a slight bend in the road and there was a cop sitting facing away from me in her car. I knew I was going too fast so i slowed down to 30 and as I approached her she put her lights on so I pulled over infront of her. She gave me a ticket for going 45 in a 25. The violation was speeding 90/18, 45 in a 25 and posted, radar and estamated were checked off. I am going to lose my licence if I don't win this hearing and I need my licence for work. I recieved this ticket 2 weeks before I turned 18 and in massachusetts if you are under 18 you lose your licence if you get 2 speeding tickets. The first one I got was 50 in a 40. Also the police officer at my school said he would call the magistrates office and put in a good word for me, but I cant let that be my only defence against it. Any advice is greatly appreaciated. My hearing is on friday so i dont have much time. Thanks
 


AlanShore

Member
What is the name of your state? Massachusetts

My truck was sputtering because I was running out of gas and the nearest gas station was about a mile away, I know the area well and i was going down a hill so I put my car into neutral and rolled hoping I could save enough gas to make it the rest of the way. I went down the hill and there was a sign 25 mph going around the corner, so I slowed down to around 25 and after the corner let off the brake to coast down the hill. I went around a slight bend in the road and there was a cop sitting facing away from me in her car. I knew I was going too fast so i slowed down to 30 and as I approached her she put her lights on so I pulled over infront of her. She gave me a ticket for going 45 in a 25. The violation was speeding 90/18, 45 in a 25 and posted, radar and estamated were checked off. I am going to lose my licence if I don't win this hearing and I need my licence for work. I recieved this ticket 2 weeks before I turned 18 and in massachusetts if you are under 18 you lose your licence if you get 2 speeding tickets. The first one I got was 50 in a 40. Also the police officer at my school said he would call the magistrates office and put in a good word for me, but I cant let that be my only defence against it. Any advice is greatly appreaciated. My hearing is on friday so i dont have much time. Thanks

Hire a lawyer or try to make a plea.
 
The MA chapter of the national motorists association has a great site with the applicable case law and defenses - you can also get a kit.

http://motorists.org/ma/home.html


A key point: in 90-18

that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices.
Thus that speed limit 25 mph has to be justified by a recent engineering survey (which is most likely has not or does not justify 25 mph....)

Section 2B.13 Speed Limit Sign (R2-1)

Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.

No more than three speed limits should be displayed on any one Speed Limit sign or assembly.

When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.
 

Pbce888

Junior Member
The MA chapter of the national motorists association has a great site with the applicable case law and defenses - you can also get a kit.

http://motorists.org/ma/home.html


A key point: in 90-18

that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices.
Thus that speed limit 25 mph has to be justified by a recent engineering survey (which is most likely has not or does not justify 25 mph....)

Section 2B.13 Speed Limit Sign (R2-1)

Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.

No more than three speed limits should be displayed on any one Speed Limit sign or assembly.

When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.
thanks I appreciate your advice
 

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