? for the lawyers out there.

rattlecanpaint

rattlecanpaint

Well-Known Member
Joined
Apr 18, 2005
Location
Winston Salem
So I got a ticket a couple of months back for going 52 on Piney Plains rd, between walnut and Tryon. It's a newly finished 5 lane rd that goes from a comercial to (sort of) residential area. I've driven this road many times and never seen the little bitty 35 mph signs on the other side of the sidewalk leaning away from the road where it turns into the residential. I had to go back and see for myself that they were actually there. I was the only vehicle on my side of the road on a sunny day just driving along at the normal speed. (I think the speedo said 45 and I know it's off a bit so the 52 is probably accurate.) When the cop turned on his lights, I had no idea it was me he was after. (In my mind I wasn't going excessively fast.) So he gives me a ticket and sends me on my way. Then I get a letter from the courthouse saying they've continued it. No problem. Then the day before I'm supposed to go to court I ride through there and the speed limit is now 45! So I got another continuance to find out if I stand a chance of getting this thrown out. I know I was going over the posted speed limit, but it's obviously not too fast for that streatch of road. The cop wouldn't have given me a second glance at 52 in a 45 so that's not too fast for this particular streatch of road either. Anyone think I've got a shot at getting this thing tossed?
 
I feel your pain but any judge and lawyer is going to say the fact that the speed limit has changed has nothing to do with your case. And your statment about the street being safe enough to go 52 or whatever is unfounded. Most highways can safely be driven at 80 miles per hour but they dont. The street may have a lower speed limit for reason that we dont know. (school, churches, sidewalks, bike path, etc) coming from San Antonio (9th largest city in the nation I feel your pain) they have 6 lane STREETS that have a speed limit of 35. Makes no sence but for someone in city hall it does. my $0.02
 
And even if there isn't a sign on that particular street, the CITY speed limit is 35mph, ( speed limit in town is 35 mph unless otherwise posted )

Is posted in Raleigh, Cary, Garner, Apex, Wendell, Knightdale, I've seen the signs all over the place.

oh, and remember, Bridge Ices before road, use caution. :flipoff2:
 
Find out when the 45 "officially" went into effect or was approved. Maybe the city streets department was a couple weeks slow putting up the new signs after it changed to 45. Feeling lucky?
 
jeepercreature said:
what would that matter?
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if the limit changed before the ticket was issued, he would be clear, even if the street crew was lazy and didn't change the sign yet...

but, you're supposed to follow the posted speed limit signs, kind of a tough pickle
 
Caver Dave said:
The difference between paying a 7 over ticket and paying out the a$$ for 17 over/possibly walking for the next few months! :flipoff2:
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And take some picture of the posted 45mph and don't say they changed it or anything maybe the judge will drop it for 7 over and not even ask.

"Then I get a letter from the courthouse saying they've continued it."

why maybe you will not have a cop there that wrote the ticket and then they would drop it? Did the cop get gone, fired, moved or what?
Without the other side a lot of times they will drop stuff like this.
In the 80's I had one done like that I said I did not and he ask who wrote me, only to find out he left RPD and the judge said this is your free one don't do it agian. "moving stopsign thing"
Jon
 
rockcity said:
if the limit changed before the ticket was issued, he would be clear, even if the street crew was lazy and didn't change the sign yet...
but, you're supposed to follow the posted speed limit signs, kind of a tough pickle
Click to expand...

Thats not true, If the sign says 35 it is 35 until changed. In the eyes of the officer and the driver the speed limit is what is posted.

All you guys are missing the point. What if it was on the docket to be changed 2 years ago and they never got to it. Does that mean everyone can go what it is supposed to be. I have a judge in the family and I assure you he would laugh at someone trying to bring him this. Probably make the punishment stick even harder. You can get it lowered if you plea to a lesser charge. I would not try this in court because it could come back and bite you.
 
Raleigh courthouse is like a processing plant. Go to court on your date. You will be getting in line on the third floor to get a copy of your ticket. They will ask you if you want to speak with the DA. Get in line to speak with him/her. They will probably drop it to a 9 over. If they do, go get in the cashier line, pay your fine, and you will be gone in less than one hour. If they will not give you the 9 over, ask for a PJC. You will have to go before the judge for this, but it is worth it. (PJC is your freebee). If your record is relatively clean, neither one of these outcomes will affect your insurance.

I am not a lawyer, but have been through this a time or two.;) You will not be able to get this thrown out completely.
 
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