Tags: absolutly, attorney, driver, entered, georgiabri, law, lawyer, legal, school, state, street, traffic, warning, zone

no signs warning of a school zone

On Lawyer & Legal » Traffic Law

8,858 words with 8 Comments; publish: Wed, 29 Sep 2004 16:23:00 GMT; (800107.42, « »)

The state is: Georgia

I entered a school zone from a side street where there is absolutly no signs posted warning a driver they are entering said zone. Normal limit is 35. I was told I was clocked by radar at 38 and 40 mph. I was ticketed for the 40 mph speed. I'm 44 years old and am embarrassed it happened, but how should I be expected to be aware of a zone with no postings? I plan to appear in court but am in a small town and wonder if it will do any good. Any help would be appreciated.

All Comments

Leave a comment...

  • 8 Comments
    • Quote:
      === Original Words ===

      No modern (post 1980) speedo is off by 10%, particularly not at 30mph. (If you were going 130mph, then maybe you could use this argument).

      The problem is no matter how you look at the limit, you were still driving over it. The state is not obligated to send up fireworks and a blimp to inform motorists of a school zone - most likely you missed the sign. If it makes you feel better, contact your state's deptartment of transportation and see if they have any records of a sign being placed in the vicinity, and if there is, go find it in person. If there was supposed to be one that was knocked down/missing, you might be able to mitigate the fine.

      Ok my car is a 1981 so speedo can be off a little. Again I was told they clocked me at 38 and 40 mph so their own radar was off 2 mph.

      "Could you see a school? That would be an obvious indication you are driving in a school zone."

      School is a full block away from the road I was on.

      "The state is not obligated to send up fireworks and a blimp to inform motorists of a school zone - most likely you missed the sign. If it makes you feel better, contact your state's deptartment of transportation and see if they have any records of a sign being placed in the vicinity, and if there is, go find it in person. If there was supposed to be one that was knocked down/missing, you might be able to mitigate the fine."

      I dont expect fireworks although they have flashing lights at both ends of the main road. My mistake was I entered zone from a side street and there are NO I repeat NO SIGNS. You people can think what you want but you'd feel the same as I do if it happened to you. It's a speed trap masquerading as a school zone. If it was really about the safety of kids they would have signs up.

      #1; Fri, 01 Oct 2004 12:01:00 GMT
    • Quote:
      === Original Words ===

      Please tell me where you get stopped much less ticketed for going 3 to 5 mph over the limit. I'm not sure what the +/- percentage is on speedometers but I'd guess it has to be around that. As far as I knew by my speedometer I was doing the limit.
      Alabama

      Alaska

      Arizona

      Arkansas

      California

      Colorado

      Connecticut

      Delaware

      Florida

      Georgia

      Hawaii

      Idaho

      Illinois

      Indiana

      Iowa

      Kansas

      Kentucky

      Louisiana

      Maine

      Maryland

      Massachusetts

      Michigan

      Minnesota

      Mississippi

      Missouri

      Montana

      Nebraska

      Nevada

      New Hampshire

      New Jersey

      New Mexico

      New York

      North Carolina

      North Dakota

      Ohio

      Oklahoma

      Oregon

      Pennsylvania

      Rhode Island

      South Carolina

      South Dakota

      Tennessee

      Texas

      Utah

      Vermont

      Virginia

      Washington

      West Virginia

      Wisconsin

      Wyoming

      #2; Fri, 01 Oct 2004 10:11:00 GMT
    • Racer72 writes:

      Could you see a school? That would be an obvious indication you are driving in a school zone.

      Uh, no. That would only be an indication that you can see a school. The presence or absence of a school building has nothing to do with establishing a school zone.

      You are Guilty writes:

      The problem is no matter how you look at the limit, you were still driving over it.

      The problem is that the state must establish which limit is applicable before the charge can be substantiated.

      The state is not obligated to send up fireworks and a blimp to inform motorists of a school zone

      However, the state is obligated to adhere to the standardized placement of approved signs because each state is subject to the rules set forth in MUTCD.

      leereyn, go to http://mutcd.fhwa.dot.gov/kno-millennium_12.28.01.htm. That is the Millennium Edition of the Manual on Uniform Traffic Control Devices. If you dont care to download it, any good engineering school should have a copy of it. Then, go back to the scene and review, with a witness and a video tape (as lwpat suggested), the placement of any signs, as well as time requirements stated thereon. If they fail to comply with MUTCD, any limit set forth there under is invalid.

      === Original Words ===

      leereyn

      Please tell me where you get stopped much less ticketed for going 3 to 5 mph over the limit.

      BelizeBreeze responds:

      Alabama. . .

      Georgia . . .

      Wyoming

      http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-14-8

      40-14-8.

      (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.

      (b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment. [emphasis added by JY]

      So, that smartass answer was wrong. Several other states have such provisions as well but Georgia is the question at bar. Unless, the state can prove that the school zone was properly placed and signed as to geography and time, the normal limit (35 mph) would apply and since s/he was not in excess of 10 mph over that, the charge cannot be brought.

      #3; Fri, 01 Oct 2004 18:19:00 GMT
    • Could you see a school? That would be an obvious indication you are driving in a school zone.
      #4; Thu, 30 Sep 2004 19:40:00 GMT
    • Please tell me where you get stopped much less ticketed for going 3 to 5 mph over the limit. I'm not sure what the +/- percentage is on speedometers but I'd guess it has to be around that. As far as I knew by my speedometer I was doing the limit.
      #5; Thu, 30 Sep 2004 17:37:00 GMT
    • Quote:
      === Original Words ===

      Please tell me where you get stopped much less ticketed for going 3 to 5 mph over the limit. I'm not sure what the +/- percentage is on speedometers but I'd guess it has to be around that. As far as I knew by my speedometer I was doing the limit.
      No modern (post 1980) speedo is off by 10%, particularly not at 30mph. (If you were going 130mph, then maybe you could use this argument).

      The problem is no matter how you look at the limit, you were still driving over it. The state is not obligated to send up fireworks and a blimp to inform motorists of a school zone - most likely you missed the sign. If it makes you feel better, contact your state's deptartment of transportation and see if they have any records of a sign being placed in the vicinity, and if there is, go find it in person. If there was supposed to be one that was knocked down/missing, you might be able to mitigate the fine.

      #6; Fri, 01 Oct 2004 10:01:00 GMT
    • Quote:
      The state is not obligated to send up fireworks and a blimp to inform motorists of a school zone
      No but they are required to follow state law regarding the posting of signs. Go back with a video camera and a non related witness. Take a video of your route showing that the signs are not posted.

      Enter a plea of not guilty and present your case. No one can predict the outcome in a Georgia traffic court. If the signs were not posted then the charge should be dismissed. The officer has the option of writing a new ticket for speeding.

      #7; Fri, 01 Oct 2004 14:26:00 GMT
    • You were speeding no matter what the limit was. What defense would you like to use?
      #8; Thu, 30 Sep 2004 15:59:00 GMT