Unposted speed-limit violation, Eloy, AZ

[tjmcgreevy]

Friday night, November 16, I was ticketed on Toltec Road in Eloy, AZ, for going 40 mph in a 25 mph area. I had just exited EB Interstate 10, and drove over the bridge and continued less than 1/4-mile before being stopped. There are absolutely no speed limit signs. I checked. Even took pictures of my route. Was I in violation of an "unposted speed limit?"

[FlyingRon]

In AZ the speed limit is 25 MPH in a business or residential district when not otherwise posted.
There may be some local laws as well.

[Hey There]

211-19-07
tjmcgreevy,
From your post:
__________________________________________________________
Friday night, November 16, I was ticketed on Toltec Road in Eloy, AZ, for going 40 mph in a 25 mph area .There are absolutely no speed limit signs. I checked.
__________________________________________________________
.
Information obtained from going to Google,
1.typed in Arizona Statute title 28
2.clicked on the( 2nd website )on the first page (Arizona Revised Statutes )
3.which brought up the Arizona State Legislature.
4.Scholled down to Chapter 3,TRAFFIC AND VEHICLE REGULATION.
5.Then down to Article 6.

The sections for information which should provide you with the information on your traffic ticket are:

28-707 (Burden of Proof for Speeding Violations)
28-701 Prudent Speed)
28-701.02 (Excessive Speed Defined)
AND
#2 of 28-701.02 basically states that a driver CANNOT Exceed the POSTED speed limit in a business or residential district by more than twenty miles per hour, but if NO speed limit is posted, then the driver should not exceed forty-five miles per hour.

28-703.01. End of speed zone; SIGNS REQUIRED
Basically 28-703.01 states that a sign showing the maximum speed limit should be at where the speed limit begins. A sign stating "resume speed" or the new maximum speed limit should be stated where the speed limit ends. It is the responsibility of the director for state hwys.and local authorities when speed limits are altered by them (based on an engineering and traffic study) to erect the signs.
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Speeding Ticket FAQ
website gives information on Discovery(getting the officer's notes) through the options available when a driver is cited for speeding.
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A book written by a lawyer and published by NOLO and probably available at your local library would provide you with information from asking for the officers notes, to questioning the officer at trial (if he's required to appear), all the way to Appeal.

Best Regards,
Hey There

[FlyingRon]

UMM...Hey There.

That's the rule for "excessive speed." That's a more serious violation. If you back up to 28.701 you'll find what I initially told him. The rule is you may not go faster than 25 in a business or residential district unless it's posted higher.

Unless you are arguing it's OK to go around driving 24 miles an hour over the speed limit at all times.

[loulblades]

You will need to do your research and determine how AZ defines business and residential districts.

If it is defined like in PA, a certain number of buildings/dwellings within a defined distance, then use Google Earth or other mapping software or get the town map at the local library/municipal building to measure the distances.

The code violated should be on the citation somewhere to indicate if it was business/residential district.

[Hey There]

11-20-07

UMM Flying Ron,
11-20-07

I was puzzled why Prudent Driving 28-701 which is listed underSpeed Restrictions had different conditions regarding speed limits than
Excessive Speed Defined 28-701.02. Because of this in my post to tjmcgreevy I listed both 28-701 Prudent Driving and 28-701.02 (Excessive Speed).

Of course it became clear, once I read your post that these are two seperate "Articles." which have different rules regarding speed limits.
and from the description given by tjmcgreevy 28-701 appears to fit his situation.

Regards,
Hey There

Where I live we have different speed limits well posted , some 30mph, some 35mph, some 45 within city limits, and of course 25mph. Got to watch the speed going from 35 to 30 to 25 all within 3 blocks on one street though!

[The Occultist]

Originally Posted by Hey There

11-20-07

UMM Flying Ron,
11-20-07

I was puzzled why Prudent Driving 28-701 which is listed underSpeed Restrictions had different conditions regarding speed limits than
Excessive Speed Defined 28-701.02. Because of this in my post to tjmcgreevy I listed both 28-701 Prudent Driving and 28-701.02 (Excessive Speed).

Of course it became clear, once I read your post that these are two seperate "Articles." which have different rules regarding speed limits.
and from the description given by tjmcgreevy 28-701 appears to fit his situation.

Regards,
Hey There

Where I live we have different speed limits well posted , some 30mph, some 35mph, some 45 within city limits, and of course 25mph. Got to watch the speed going from 35 to 30 to 25 all within 3 blocks on one street though!

You will usually not encounter this problem in AZ. Arizona likes to jump 20+mph difference at a time. It's terrific!

It's not really a big deal, however, as long as all drivers are familiar with the VERY BASIC rules set forth in the BASIC drivers manuals they hand out to teenagers!