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Can I get a ticket for speeding if the speed isn't posted?
I work at the airport and the road I take meets up with the main road. Today I got a speeding ticket for going 25 in a 15 (school zone) while taking the small road to the main road. I went back and from where I pull out the speed isn't even posted and there isn't any school signs or paint on the road that says "school zone". But on the opposite side, 50 feet from where he says he clocked me, it does say 15mph. Meaning I would have to be coming form the opposite way to know it's 15mph. Any way I can take it to court? Is there a way I can take care of this $200 fine or decrease it? The main question is can an officer give me a ticket for speeding when there is no sign posted "15mph". Thanks
22 Answers
- DocoMysterLv 51 decade agoFavorite Answer
To all those who answered yes, you are absolutely correct. Christine hit the nail on the head. Implied speed limits where no signs are posted is part of every drivers examination when applying for a drivers license. The implied speed limits may be different for each city or state, but implied all the same. When you agree to accept your drivers license (and you do that by signing it), you are acknowledging that you are aware or will be made aware, before operating a motor vehicle, of all traffic ordinances and laws within the jurisdiction(s) you travel.
Source(s): 24 Years in Law Enforcement - Anonymous1 decade ago
Depending on the State, some States have on their drivers license test 'What is the speed in a school zone'. If this is the case, then the 15 mph is implied.
I'm curious tho', and if you go to court, the Judge may ask you the same question... How often do you drive this road, and do you take this same road to and from work? If so, then you at least see the sign once a day advising you that you are entering a school zone.
- Barry CLv 61 decade ago
Take those pictures now that David mentioned.
It may be that someone stole the sign and it might come back later.
If it does, then take a picture again as evidence.
You can't be expected to obey traffic control devices that aren't there - that is why missing stop signs are dangerous!
At the same time, if the sign is on the other end, then there almost certainly was one on your end at some point, the cop didn't know it was gone, and it almost certainly will come back.
I'd say fight it!
You have a muich stronger case then the lady a few days ago who works at the school, knows the school zone restrictions end at 4:00, and got caught speeding 15 miles over the limit at 3:59.
- Anonymous1 decade ago
Yes you can get a ticket for it. The city isn't gong to post the speed limit at every intersection. Can you take it to court? Of course you can, you can always go to court. Can you get the amount reduced? That is up to the judge. I don't know what state you are in, but driving school might be an option, again that depends on your record also.
It's hard to understand why you didn't know it was a school zone, they are usually posted pretty well, or you can see a school and tell for your self. Anyway if you feel it wasn't fair present your case to the judge.
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- Anonymous1 decade ago
Yes you can. Every state has an overriding speed limit rule which basically means if no speed sign is posted it is assumed and should be known by the driver that the speed limit is a certain amount. If you are in a school zone it is assumed that the speed limit is 15. In NY many of our county and rural roads do not have speed signs but it is assumed that the speed limit is 55 and 15 in a school zone. Also 30 on city roads.
- davidmi711Lv 71 decade ago
Most states have a speed law that indicates speed limits for different types of roads when they are not posted. Start there and determine what the unposted speed limit should be. Take some pictures of the road you were on showing the stretch of road you were traveling on in your direction of travel.
With this you have a chance of beating the ticket.
- ?Lv 45 years ago
in case you may certainly instruct the speed decrease is 35, then i do not see why you'll not win. in case you may take a image of the printed %...& the realm surrounding that posting, i might want to assert you've a robust case..and remember..at the same time as in courtroom...you've sworn to inform the reality.
- m_c_m_a_nLv 41 decade ago
When there are known speeds, meaning common knowledge that is written in the codes then you can be ticketed.
In other words, if there is a school there then it doesn't matter if it is posted or not. However, I'm sure if you hired one of those ticket lawyers they would find a way to get you off.
- ChristineLv 41 decade ago
Yes it's called a VBR ticket. Or Violation of the Basic Rule. It does not matter if the speed is posted or not, or if there are signs. There are basic rules IE 15 in a school zone, 25 in a residential zone... etc. They are rules printed in the DMV book. If you violate them, the ticket is valid.
- 1 decade ago
Billy, I don't know from what state you are asking.... I have noticed that answerers seem to be from New York though.... Each State has it's own rules and regulations.... However, most often in traffic court a charge is dismissed when someone has a legitimate argument.... Go to court dude...... Be honest, dress appropriately, be humble, treat the court respectfully and speak english... (even if English is not your native toungue-attempt to)
Source(s): Life