No Speed Limit Sign/Still pulled Over????

[gooddriver1]

What is the name of your state? GA

I entered the City of Sandy Springs heading Westbound on I-285. There was a Sandy Springs Police Officer running laser just inside the City limits. I never saw a Speed Limit Sign the whole time I was on I-285. I went back today and backtracked my travels that night and sure enough there is no Speed Limit sign from the point I entered I-285 to the point I was allegedly caught speeding. I have found this in the Georgia code:

§ 40-14-6. Warning signs required


(a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.

(b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.

HISTORY: Ga. L. 1968, p. 425, § 5; Ga. L. 1970, p. 435, § 4; Ga. L. 1989, p. 586, § 1; Ga. L. 1996, p. 1281, § 9; Ga. L. 2003, p. 450, § 5.

It is obvious the City of Sandy Springs violated both A and B**************..however is this enough to defeat the charge?

This may also be relevant**************

§ 40-6-20. Obedience to traffic-control devices required; presumptions; enforcement by traffic-control signal monitoring devices


(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. A violation of this subsection shall be a misdemeanor, except as otherwise provided by subsection (f) of this Code section.

(b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices are required, such Code section shall be effective even though no devices are erected or in place.


thanks in advance for any information.

 

[seniorjudge]

Q: It is obvious the City of Sandy Springs violated both A and B**************..however is this enough to defeat the charge?


A: Plead not guilty and have a trial; then you will find out the answer.

 

[gooddriver1]

thanks**************.I think.

 

[racer72]

Don't get too excited yet. Georgia has statatory speed limits for locations that do not have speed limit signs.

§ 40-6-181. Maximum limits


(a) The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180.

(b) Consistent with the provision of engineering and traffic investigations regarding maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits:

(1) Thirty miles per hour in any urban or residential district;

(1.1) Thirty-five miles per hour on an unpaved county road unless designated otherwise by appropriate signs;

(2) Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;

(3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;

(4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is designated by appropriate signs; and

(5) Fifty-five miles per hour in other locations.

 

[gooddriver1]

thanks for the reply. So do you think the statute you cite negates the statute I cite (GA 40-14-6)? The statute you cited is the actual statute I am accused of violating. However my ticket says the City speed limit is 55MPH, Sandy Springs PD and or the City of Sandy Springs failed to post a speed limit sign as required by Georgia Statute and failed to inform me when I entered the city that Sandy Springs Police Department was using Speed Detection Devices, also required by statute. Will a the prosecutor try to convict knowing what I have just typed? We will see.

§ 40-6-1. Observance of chapter required; punishment for violations generally; maximum fines for certain offenses


(a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

(b) Unless a different maximum fine or greater minimum fine is specifically provided in this chapter for a particular violation, the maximum fine which may be imposed as punishment for a first offense of violating any lawful speed limit established by or pursuant to the provisions of Article 9 of this chapter by exceeding a maximum lawful speed limit:

(1) By five miles per hour or less shall be no dollars;

(2) By more than five but not more than ten miles per hour shall not exceed $25.00;

(3) By more than ten but not more than 14 miles per hour shall not exceed $100.00;

(4) By more than 14 but less than 19 miles per hour shall not exceed $125.00;

(5) By 19 or more but less than 24 miles per hour shall not exceed $150.00; or

(6) By 24 or more but less than 34 miles per hour shall not exceed $500.00.

HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 23; Code 1933, § 68A-102, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5; Ga. L. 2001, p. 770, § 1.

 

[Maestro64]

Go to the site below, this guy collected a bunch of information on GA laws and fighting tickets. From the looks of your description it looks like that town violated a few laws in GA plus the Federal MUTCD which clear state that speed limits must be posted.

http://thegeorgiaspeedingticketkiller.com/home.php

Anyway read what this guy posted and you will learn what you need to know.

 

[gooddriver1]

Thanks....I ordered my cd a couple of days ago, hope I get it soon!