Can I get out of a speeding ticket because of switched road signs???

Question

So I was driving a road that I've only traveled one other time (the other time I was coming from the opposite direction), and the speed limit was 25, but I could have swore it switched to 40. I got pulled over doing 43 and the officer said it was a 25 mph zone. I took the ticket figuring he knew more about the area than I did. When I drove back home (coming from the other way, it switch back to 25 (from 40) where I got pulled over, but when coming the same way as I was when I got pulled over, there was a 40 mph sign. So the sign going one way says 25 and the other way says 40. I think that someone probably switched the sign beacause later on down the road when it's SUPPOSED to be 40 there is a sign pole with no sign on it. Can I get out of this ticket if I take a video of me driving on the road or take pictueres or something? Any help is appreciated thank you.

Answer 1

My best guess would be that if you actually believe that someone switched the sign, take it to court. Bring your evidence, and try to convince the judge.

My perspective;

As a police officer, it is my job to enforce the law, not worry about whether or not it used to be something else, or whether is SHOULD be something else. If the sign says 25, then that is the speed limit.

There could be many reasons why the speed limit is different in each direction, although I can't think of any off hand. I would check with the city streets (or county) department and find out what the ACTUAL speed limit is, then you can go to court with that information and present it to the judge. Just make sure you get documentation that states the speed limit is "_____".

Don't blame the cop, if the sign said 25, he was just doing his job. How is he to know that the city manager didn't lower the speed limit because he walks on that side of the road in the morning.  

Answer 2

43 in a 40= still speeding.  

Answer 3

You can always try - - but don't count on it working.  It could be a defense that might help though.

Answer 4

You can drive at the posted speed.

It's unlikely but could that area have different speed for different times of the day? I think you can have a case here If you can show that at the time you got ticket, the sign indicated it was 40.

But if the judge is strict, you were still over the speed limit.

Answer 5

take a video and show it to the judge...but the bottom line is what was the sign showing in the direction you were traveling?you are responsible for driving the POSTED limit,not what you think it is

Answer 6

If you were to bring video and pictures of what you are talking about it is definitely a possibility you could get the ticket dismissed.  I have seen tickets get dismissed for smaller things; for example, a tree was covering a stop sign.  The woman ran the stop sign.  She showed a picture of the tree and got out of the ticket.  So..anything is possible.

Answer 7

If it was me I would video or take pictures of the signs.  Then I would contact the police department and ask to speak to the shift commander or whoever is in charge at the time.  Explain briefly what happened and see if you can get them to meet you at the site so you can show them the problem.  Always stay calm and respectful, do not show a temper.  If this does not work I would contact the State Attorney's office and speak to someone there about the problem.  If these ideas do not work I would contact the department of the county you live in, who actually place the speed limit signs and speak to a supervisor and tell them there is a problem, get a work order put in so there is a paper trail.  Get a copy!  When they go out to correct the problem, they have to get a work order to do so and check off on it when its done.  As a last resort I would go before the judge myself and show all the evidence you have and more than likely the case will be dropped.  Hope this helps, know its alot to go through, but if you want to protect your record it will be worth it.  Good Luck!

Answer 8

I doubt you will get the ticket dismissed, but that would be good ammunition to request a plea down to a non-moving violation.  There would still be a fine, but probably no point or insurance impact (failure to carry a license is the one they use here for cases like that..  $200 fine, but no points and no insurance hit).

I've seen split speed roads before, usually where there is a school or lots of apartments on one side of a large road

Answer 9

I see a possibility you could fight on the confusion....BUT the crime is speeding and you admittedly said you were going 43....so if it's a 40 of a 25 you were still speeding.