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Can you help with my speeding ticket?
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Can you help with my speeding ticket?

I am fighting a speeding ticket, by written declaration. I was on a rural road and there was no posted speed limit for miles--I never saw one--there is not one. I was ticketed for going 11 miles over the limit. In researching, I found that 55 is the official limit on a rural, undivided road, so I guess I am guilty, can I fight it any--because it was not posted? How do I do this?


    




SGT V
Rating
I had a similar incident back about 15 years ago along a "AAA rated speed trap" on US Hwy 301 in the town of Lawtey, FL. This town is one of a trifecta of towns along this route that make between 50-80% of their operating budget from traffic citations. I sent a notarized letter to the judge in Bradford County and within a week got a response..... "case dismissed". All those answerers who deal in absolutes don't know much about traffic laws in the real world. This is not a driver's license exam (get your hands back at 10 & 2, you know who you are). Speed limits are not absolute. That is the limit suggested for that road. To the nuts and bolts of fighting a ticket. If you live in that area take photos (video is even better) showing where the signs are located in relation to the section of road you were traveling. Get a copy of the weather report of the day in question to demonstrate (hopefully if true) the road conditions being dry with good visibility.
1) Contact the clerk of the court where the alleged incident occurred. Ask if you can fight the ticket by affadavit (letter in many places) in lieu of an appearance. 2)State the facts as presented.... lack of signage, clear, dry road...... unfamiliarity with the area (if so) and 3) If you have a clean driving record you mention it as the judge might consider that as a mitigating factor.
In my case there was an article in USA Today about a month before I got the ticket. The article stated that the American Auto Assn. (AAA) declared that stretch of Hwy 301 through the towns of Waldo, Lawtey (where I got ticketed), and Hawthorne, as "speed traps". They had last used that designation in 1973.
This strategy assumes that you have an otherwise clean driving record. Good luck and anyone heading to Orlando or other points in Florida watch your speed on U.S. Hwy 301 in north central Florida. The speed limits go from 65 mph down to 25 mph in some areas in less than 2 miles. Be careful out there.


forktail_devil
in ohio, rural 2 lane roads that isnt marked is typically 55 unless conditions makes that speed dangerous. from my observations, a road with a set speed is marked with at least 1 sign every half to 3/4 of a mile. u dont say what state, so this is still up in the air.


kemosabbe
You should have done your research first! Then you would not be ignorant of the law. Common sense should have dictated doing 55 if that is the general speed limit. Just like turning on your turn signal is 200' in rural areas versus 100' in the city.


frank
Rating
you can try but you will lose. if you read your driver's ed manual from the state you will find out about assumed and implied speed limits.


kennethblatchford
Rating
Find out if theres a speed limit in that area.... sometimes theres a bad day for every 1.... pay up and learn the new one.... You don't want to get on the bad side of a cop.... they will just keep coming harder and harder... :)


Robert D
Rating
Posted signage is not mandatory, it is just a reminder. You are expected to know the speed limits depending on where you are apparently.

Anyway, you can contest it, and if you have a judge that is in the mood, you could be lucky.

But you were going 66? That is speeding almost everywhere, so the judge might not care what your excuse is.


Mikey D
Rating
Posted or not you know the speed limit is definitely not in the 60's. Your plea wouldn't work


Top Cat
Rating
ignorance is not an excuse

if you have a license your supposed to know what speed limit you can travel regardless of there being a sign or not


chad_27292
Rating
not sure if it's different in each state but in nc speed limit is 35 in town unless posted other wise and in the country it's 45 unless other wise posted. meaning if there isn't a speed limit sign then those are the speed limits. and about fighting it, possibly but have to have a good lawyer. maybe he can get it dropped down to something else.


G M
Go to a lawyer and don't speed while going there


Rissa
you can try, but in the long run you were guilty (you said so yourself) and it will probably end up costing more to fight it than to just pay it.


AlmondJoey
Rating
1. Lose the attitude.

2. Ask the Prosecutor or Judge to allow you a PLEA IN ABEYANCE. If allowed, you will not have anything show up on your driving record, so long as you pay the fine and also go without a ticket for ___ months. (Usually 12 months.)
.


Candii JoJo is a groovy chick.
Just pay your ticket. It' souldn't be more than 100 dollars. I just paid one for general speeding and it was 94 bucks. If I had taken a day off work to go to court to fight it, it would've cost me 94 dollars plus a day of wages. Ignorrance of the law is never a good excuse.


Jacob A
Rating
You are supposed to know the speed limits without postings, that's what the driver's license test is all about.





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