speed limit sign laws: need help with a couple things
03-10-2006, 06:47 PM
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speed limit sign laws: need help with a couple things
what is the rule on trees blocking the visibility of a sign until you are right next to it? Also is there a guideline as to how far from a speed limit sign they can sit? Just curious. If there is any info about the sign being blocked, I may win this ticket without having to go far. I took pictures of the road it is on and you cant see it until you are right next to it. And of course, the cop was sitting at the traffic pole the sign was posted on. It was changing from a 40 mph to 35, and the 35 sign was 100% NOT visible.
yay? nay? anyone have any insight?
yay? nay? anyone have any insight?
03-10-2006, 07:34 PM
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Do you have a photo of said blocked speed limit sign?...Definately appeal it...
...if you can prove the sign is blocked then you should have no problem. I had a similar situation involoving marked lines on a highway. Registry cop (goes to show you how long ago this was)pulled me over for driving to endanger due to my driver's side wheels crossing the double yellow line. I appealed for a date with the magistrait and got that date two years after the incident occurred. I pleaded that there was no double yellow line which was faded to the point of no longer marking the division between the two opposing lanes. Since the time of my infraction the state had widened and repaved the road (junction RT20 and RT146) and wouldn't see it my way. If I would have had proof they would have thrown it out.
Boston I would take as many pic's of that sign before the tree is cleared or you may be in the same situation as I was 15yrs ago. In any case you should definately appeal it.
Boston I would take as many pic's of that sign before the tree is cleared or you may be in the same situation as I was 15yrs ago. In any case you should definately appeal it.
03-10-2006, 07:44 PM
#3
Depends
Depedning on the type of road there are guidelines for what speeds you should be travelling. For instance rural roads is 30MPH unless posted otherwise.
Find out what type of road it was classified at and the appropriate speed that should be driven if there was no posted marker.
If you were traveling under the speed that the road is classified to be travelled at (unposted) then the cop cant get you for traveling the posted speed if the posted sign wasnt visible. Hopefully this makes sense.
As far as the cops positioning for the radar how fast were you going? If you were going under 40, but over 35 you can totally say you were slowing down. If the cop is citing you at the 35MPH limit then he should have been sitting an appropriate distance away from the sign for a radar speed of when you travelled past the sign.
Good luck!
Find out what type of road it was classified at and the appropriate speed that should be driven if there was no posted marker.
If you were traveling under the speed that the road is classified to be travelled at (unposted) then the cop cant get you for traveling the posted speed if the posted sign wasnt visible. Hopefully this makes sense.
As far as the cops positioning for the radar how fast were you going? If you were going under 40, but over 35 you can totally say you were slowing down. If the cop is citing you at the 35MPH limit then he should have been sitting an appropriate distance away from the sign for a radar speed of when you travelled past the sign.
Good luck!
03-11-2006, 06:54 AM
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Did you use that letter??
Ya know I still have not recieved my court date, and my ticket was mailed back in December. How long does it take to get a letter back when you mail in the ticket to fight it??
I have a feeling if I get pulled over in MA they're gonna be like "You have an unpaid ticket"
I have a feeling if I get pulled over in MA they're gonna be like "You have an unpaid ticket"
03-11-2006, 07:07 AM
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Find out who installed the sign: State or Town?
It sounds like you have a good case.
But also find out who approved the speed limit sign. In Commonwealth of Massachusetts, speed limits that are not otherwise posted are guided by general law (ie, densely populated area is 30MPH) or town-wide speed limit (ie, "Town limit is 30 unless otherwise posted").
In an otherwise open road, a speed limit sign in Mass can only be posted if the Mass DOT agrees to it. The Town has to have submitted a traffic study/report to get approval for placing the sign.
That's a hassle in its own right. I have been on the other side of that law when trying to get one posted.
But also find out who approved the speed limit sign. In Commonwealth of Massachusetts, speed limits that are not otherwise posted are guided by general law (ie, densely populated area is 30MPH) or town-wide speed limit (ie, "Town limit is 30 unless otherwise posted").
In an otherwise open road, a speed limit sign in Mass can only be posted if the Mass DOT agrees to it. The Town has to have submitted a traffic study/report to get approval for placing the sign.
That's a hassle in its own right. I have been on the other side of that law when trying to get one posted.
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03-11-2006, 08:04 AM
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Re: speed limit sign laws: need help with a couple things
Good luck, we are always at the mercy of the judge. Towns are looking for revenue and will resort to just about anything now. I've gotten tickets for signs that were turned backwards. I just read in the paper that the $50 head injury tax is being siphoned into the general funds. What a scam.