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Dog-faced pony soldier
Join Date: Feb 2004
Location: A Rock Surrounded by a Whole lot of Water
Posts: 34,187
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This is technically the case in CA too (although I'm not a lawyer and it might only apply to certain sections of the vehicle code or there might be exceptions). Look up "prima fascie speed limit". I got out of what otherwise would have been a nasty ticket a few years ago because of this - I started with the section of the code I was charged with violating and it eventually led me to a requirement for a traffic & engineering survey within the last 10 years being a requirement to establish this "prima fascie" speed limit on that particular stretch of road. Subpoenaed the traffic & engineering surveys in question and NONE EXISTED.
The state banks on most people's unwillingness to research this stuff and/or go out of their way to go to the DOT and pull traffic & engineering surveys to keep the revenue generators honest. Not me. Far as I see it, they want my money, they're going to get through every last ounce of fight I have in order to obtain it UNLESS I'm clearly being an a-hole and endangering others, etc. (which I don't), in which case I'd gladly pay it and probably kick myself in the ass for being an idiot. For the case in question I was on my motorcycle on a mostly deserted stretch of road and happened to get clocked by a revenue generator where the speed limit stepped down. B*stards.
When it comes to B.S. tickets like I got, I'll research, stay up for hours, etc. (I did in that case), hire attorneys, whatever it takes to win. I don't buy into the "roll over and pay it" game UNLESS one clearly should because they were out endangering the public, driving reckless, DUI, unsafe vehicle condition, etc. In my case, I was "endangering" nobody, it was a B.S. ticket based on a technicality and CLEARLY intended to just generate $$$ for the man, so the gloves come off. Maybe B.S. "enforcement" of that type will succeed on extracting money from 90% of the populace, but it'll be a cold day in hell before I don't count myself as part of the other 10%.
So long story short, I got off for that one. It might not work in all cases, but I got lucky to have been pulled over on a stretch of road that probably hasn't seen the attention of a Public Works van, much less a DOT Engineer, in decades. That's what compelled me to research it. Turns out I was right.
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A car, a 911, a motorbike and a few surfboards
Black Cars Matter
Last edited by Porsche-O-Phile; 04-08-2008 at 02:04 PM..
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