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Speeding ticket, but no speed limit sign

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#21 ·
LuckRider said:
Very interesting. Try fighting it in court. 90% of the time the officer doesn't show and they throw the ticket out. Don't let them try to use a different officer as the prosecution, you have the right to face your accuser.

Also, don't listen to me. My legal advice comes from how I think the world should work, not necessarily how it works.
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I've never known the officer to not show up. They have all the tickets due on the same day in court, just so they can show up. At least that's how it works in NC.
 
#22 ·
jumbojeepman said:
I've never known the officer to not show up. They have all the tickets due on the same day in court, just so they can show up. At least that's how it works in NC.
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In Oregon as well. Also if you decide to fight it, they reschedule for a different day so you have two court days. In which the cop is required to be thier on the second as you have the right to face your acuser.
 
#24 ·
That defense falls under "ignorance of the law is no excuse" In other words, it isn't legitimate.. but its worth a try, Just be nice and see if they will work with you, get them to make a deal and give you something with less points, even if its more money your're better off that way.. good luck either way.
 
#25 ·
LuckRider said:
Very interesting. Try fighting it in court. 90% of the time the officer doesn't show and they throw the ticket out. Don't let them try to use a different officer as the prosecution, you have the right to face your accuser.

Also, don't listen to me. My legal advice comes from how I think the world should work, not necessarily how it works.
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LOL. how far up your *** was this fact?
 
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#26 ·
basso4735 said:
LOL. how far up your *** was this fact?
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General observation based on my area. You really should read an entire thread before posting :rtft:
 
#27 ·
You should fight It. But the defense would not be "I did not know the speed limit" but "there was no way I could know the speed limit, because it was not properly posted".Im not familiar with SC law, ill take a look, but there is usually a law designating a set distance after a turn where a sign must be posted.

Also find out how far out of city limits he still has jurisdiction. Usually the citation has to be sent to the court with jurisdiction where it happened, which makes things complicated for the office. But this is good for you, because he wont be buddy buddy with the judge.
​
 
#28 ·
LuckRider said:
General observation based on my area. You really should read an entire thread before posting :rtft:
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lol so how many times have you been to court to fight a ticket to get a statistic like that?

To the OP - just go in and admit to them you were speeding, though you didn't know it then. Tell them you were driving safely and were following a truck at a safe distance figuring he was going about the speed limit and that you just made a mistake. If your driving record is clean the Judge will probably reduce the fine and drop the points. It's always worth a try.
 
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#30 ·
Okay so take a look at...Section 56-5-1520.
if you read the entire section it basicly says that these are the speed limits, unless there is a sign which states that is is lower. So If the road you turned on falls under the 55mph general limit and not the 30mph urban street, you can simply state that you were following the general speed limit based on the road type until you reached a speed limit sign which stated otherwise. And also mention that you were safely controlling your vehicle, keeping with the speed of another truck as to avoid a collision.

SECTION 56-5-1520. General rules as to maximum speed limits; lower speeds may be required.
(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.
(B) Except when a special hazard exists that requires lower speed for compliance with subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;
(3) fifty-five miles an hour in other locations or on other sections of highways and unpaved roads are limited to the speed of forty miles an hour; and
(C) Thirty miles an hour is the maximum speed in an urban district. "Urban district" means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
read the rest at:

S.C. Code of Laws Title 56 Chapter 5 Uniform Act Regulating Traffic On Highways - www.scstatehouse.gov-LPITS
 
#31 ·
Check your state vehicle code. It lays out the requirements for signage for speed limits and suchlike (buying that book every four years - for five bucks, here - has probably saved me about twenty thousand dollars in dealing with bogus tickets by now, between court costs, fines, and insurance hikes.)

Also check for a provision for a "Basic Speed Limit" - CA has one, and I got nailed for it once (which wasn't a bad thing, since it was much less than the ticket I really should have gotten! Attitude can go a long way as well...)
 
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#32 ·
Fight that ****, if you lose nothing worse can happen.

IMO bring a big map of the area that looks similar to that there paint drawing and the judge will say "yea no way you could have known and 54mph is not unsafe for the area"

if he doesn't clear you, you have just cause for
 

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#33 ·
You said this was on the job? Is there any paper work on what time you left? If so you can trace your route and calculate the time from where you left to when you got stopped. Then do the math for alternative routes hence proving you made a left where you claim you did.
 
#34 ·
I don't think your defense will be accepted, usually on the city limit signs, it reads "speed limit XXmph unless otherwise posted" so if you didn't know the speed limit on that particular stretch of road, you should have been going the XXmph...

Just my thoughts, but good luck with getting the ticket dropped!
 
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#35 ·
I had a similiar situation years ago in Bayfield, Wi. I was popped for 40ish in a 25 zone. Anyway I fought it because the signs were all plastered with snow and I thought I was going at a safe speed. It was my first time in the this particular town.

The judge told me the speed limit in the city limits was 25mph everywhere. I asked her "How am I supposed to know I'm in the city limits if the signs are all covered with snow?". She told me not to be a smart *** and pay the clerk on my way out.:D
 
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#36 ·
You turned onto a road that you didn't know the speed limit of, and decided to go 55mph in an unfamiliar area. Sorry, but I'm not seeing where this is anyone's fault but your own. :dunno:

Man up and pay the fine, and learn from your mistake.
 
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#37 ·
Here is what you do:

Show up to court on the date of your hearing.

If you cop is there file for an extension.

Keep doing that until the cop isn't there. Then plea Not Guilty. All charges would be dropped as well as any points you can get.

Done.

I have done that twice. Both times worked like a charm. The cops get scheduled for hearings with like 20 or so cases at a time. Sometimes they don't get that many so the cop doesn't show. Good Luck :2thumbsup:
 
#39 ·
bigred33 said:
How is 9 over 2 points? Anything under 10 in Georgia is 0 points unless it's accompanied with a reckless or accident or something.
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Here in NY, 1mph over is 1 point, and 3mph over is 2. That only applies for in state licenses though.
 
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