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Speeding Tkt - Didn't pass sign

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bradlm

Junior Member
South Carolina

I was given a speeding ticket for 42 in a 25 but it was reduced to half the points (4 to 2). It was a hill I was coming down, on a Sunday morning in no hurry. I did not pass a posted sign with the speed limit and not familiar with the area.

Considering I didn't have notice of the speed limit, would this be something I could plead not-guilty too with fighting chance, or is the current reduction probably my best shot?

Thanks for any input.
 


racer72

Senior Member
Every state has statatory speed limits, these apply to places with no speed limit signs or if the sign is missing. It depends on the type of roadway one is driving on. The failure to notice a sign is not a very good excuse.
 

bradlm

Junior Member
racer72,

Thank you for your reply. From the house I picked a friend up, until I was stopped, there was no sign, and still is not. I didn't miss it, rather it was not posted. Would this still be hard to argue, in your opinion?

The state wide speed limit, for a road such as the one I was on, was 30 mph. However, I didn't learn this until reading through the SC law. Is every driver expected to know these? I can't name even one person that isn't a lawyer that knows the speed, much less even know there are state wide limits. Can one not argue that with success?

Thanks again...
 

The Occultist

Senior Member
Yes, everybody is expected to know the statutory speed limits when a limit sign is absent. In fact, I bet you'll find them in the drivers manuals they hand out to teenagers. I know the statutory speeds for my state.
 
racer72,
Can one not argue that with success?

Thanks again...
Funny.
But is the road posted @ 25 MPH on it anywhere near where you got the ticket? Or at 40 MPH? If at 40 MPH somewhere and not posted at 25 MPH between the point of the 40 MPH sign & where you got a ticket then you could have an argument about the speed limit (you could win the argument of 30 v 25 but the result may be the same -- you may wish to chk a 12 MPH v 17 MPH difference w/a ticket cost).

And you can always argue that the speed measured is not correct. Requires a good deal of work though & willingness to argue in court.

You just cannot go into court and say I did not see a sign so I figured 42 MPH was OK. You can see the flaw in this.
 

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