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Re: looooong answer.. (archive)

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Posted by James Hartline on March 30, 2001 at 15:23:45:

In Reply to: looooong answer.. posted by jim in sd on March 26, 2001 at 13:44:44:

I don't now how it works in MA, but as far as I know here in WA, if there is no sign posted anywhere, your supposed to assume that 25 is the safest until you see differently. I recently got a ticket in Whitman County, about 1 hour SW of Spokane, and I'm getting an attorney to fight the ticket for me. I don't even have to go to court with him! I was clocked doing 74 in a 55, out in the middle of friggin nowhere!! The only thing I probably could have hit was a bail of hay, but what can ya. It is cheaper for me to get the lawyer that it would be for the increase in my premiums over the three years that it would be on my record.



jonathon,...seems like what you received was a ticket based on your tags,,most states subscribe to a prima facie speed limit, or speed safe for conditions. its generally a perception of the issuing officer as to whether the "conditions" were safe for the speed yopu were clocked at.
as for fighting it,..ask for the most recent calibration of the radar unit,..for an engineering survey ( this will determine if a study was conducted, that gives an approximation of average speeds and traffic density for a given stretch of roadway) , what level of training the issuing officer has in speed approximations, what was used as a reference for the approximation,..etc. photos of the roadway depicting possible hazards, lighting , etc are always helpful...
additionally are you planning on re-registering the vehicle in MA, some states will cite for tax evation based on failure to reregister your vehicle...
FYI, i served approx 15 years with SDPD..4 as a chief in WA,....and am now a civilian......

Hey guys
After a night of clubbing I was coming home on a back road in Watertown, MA at 3am. I was going 45mph and I saw cop lights turn on in front of me so I stopped right in front of him. I was very polite when he came to my window. He asked who the car was registered to(my parents)and he asked if I was a student at the local college(yes). BTW, my car is from Florida so it has out of state tags, not sure if that might affect anything? I havent even had the car in MASS for a week...

He wrote me up for 45 in a 30mph zone. However there is NO posted speed limit in that area, and it even says so on the ticket. He checked off he got my speed "Radar" and "Estimated". Is this something I can fight? The number is pretty even (45 in a 30) so do you think I have a good chance of beating it? Please give me any advice you can, I appreciate it thanks!

Jonathan






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