Location: Louisiana.
I received a speeding ticket for going 57 in a 40 mph zone. Going up the hill and before you enter a town the speed limit is 55 mph. Yes I was speeding to the degree of 2 mph. At the top of the hill, you visualize the sign at the bottom of the hill, which indicates a speed change to 40 mph. At first visibility of the sign after reaching the summit of the hill, I began to slow down, and quite fast because I could see the cop. By the moment I passed the sign I was now going 40 mph. The cop, who is also the Chief of Parish police, sited me for what he clocked me at the top of the hill, well before the sign.
He argues that first line of site of the speed limit change is when you must be going the speed limit. Even if that were true, I can’t begin to slow down until I notice the speed limit change at the top of the hill, which is exactly what I did.
Normally, this is very cut and dry – yes – to fight it, but this is a very small parish, and this is the chief we’re talking about. If I pay before court, it’s wiped from my record, but if I go to court and lose it stays on my record. While, I trust the integrity of our judicial system and have logic on my side if I still lose, I lose big.
Is it worth the risk? Is there a way to have the court moved to a more neutral place? Like the state for example.
Comments
Generally you are expected to slow down at sight of the sign and be at or below the posted speed limit upon reaching the sign
You can talk to a local attorney about getting it moved but it is very unlikely. You would need to prove you can’t get a fair hearing which would be tough to do. It’s risk reward if you want to fight it probably worth it but if it’s an area you live in or travel through a lot and have reason to believe the cop is going to hold a grudge for some reason, then maybe eat the loss and pay it.
“He argues that first line of site of the speed limit change is when you must be going the speed limit”
So by that logic you would have to know the speed change before you can read the sign. So an older person who may have a reduced, but still legal, sight would have to slow later than a young person with great vision?
Speed limits change at the point of the sign, not when you see it that is an asinine argument, and would love to see it play out in court…of course he wont say that in court.