If a speed limit isn't posted, can I fight a speeding ticket?

Question

I was cruising at 48 in what I thought was a 40 mph zone when I got pulled over for doing 48 in a 35. If there was no posted speed limit, do I have any chance fighting this ticket? Granted, even 48 in a 40 is speeding, but would this ticket get thrown out if it was incorrectly written (it states a 35 mph zone but the only speed limit sign was a 40 mph zone, although the officer said it was 35 further back but I didn't see a sign). This occurred in Bridgewater, NJ.

Answer 1

If you are licensed to operate a motor vehicle then is required of you to know the speed limits of different areas without the need of posting. Hence, you wouldn't do 55 downtown even if there weren't posting of the speed limit.

Even if that wasn't true, you admit to speeding since you state you thought you were in a 40 mph zone. So regardless of whether it was 8 miles over the speed limit or 13 miles over it, the crime of speeding still exist and you will have to pay for it.

Answer 2

You could try but it most likely would not fly.

If the sign stating 35mph was unreasaonably obstructed, then its possible you could have the charge amended.

And if the speed limit was actually 40 mph and not 35 mph, all that would happen is the 35mph would either be amended by the court, or they would dismiss it, and immediately issue you a new summons for 48 in a 40.

Answer 3

You would be speeding anyway so no you can't fight it.

Answer 4

if there isnt a sign and all you saw was the 40 then you could fight it and maybe get it raised to 48 in a 40 it might save you some money but you couldn't get it thrown out.

Answer 5

Sounds like you were in a residential area. Most States have a set speed limit for this type area. You not seeing the sign will not fly in court.

Answer 6

To go along with what Deanne stated, it is "Ignorance of Law" and it is not an excusable defense. This means that yes, you can claim it was the case, but it will not work in court. Now I am from Florida and would say that if you try to fight it, and the officer doesn't show up on the court date, then you get your ticket thrown out, which is pretty common down here. But be warned, if they do show up, you'll get court fees tacked on plus probably a safety course.

Answer 7

Sure you can allways fight anything but it is a money racket there is an old song called "I Fought the Law' the following line is and the law won.

Answer 8

Sorry your out of luck It's called ignorance of the law not to know the limits. Most limits are standard limits unless otherwise posted. And if you don't know the limit and don't see a sign is still your burden to know.

Answer 9

I live near there.  It's not likely that you can get it thrown out.  Not only are you kind of screwed on the sign being there or not, there are also town ordinances that are in place.  In most towns (Bridgewater included) there is a default speed when none are posted.  You will see on smaller roads that there are no signs at all, those are all covered under town laws to be 25mph, no sign needed.  There are similar laws for other larger roads as well.  That's likely what you were on.

Fess up, go to court and plea it down to something lesser.

Answer 10

In most states, the speed limits are set by law for each kind of road, and are assumed to be such unless posted otherwise. You will need to find out the legal limit on that road, then go look at the signs and find out if the signs meet the requirements to modify the "default" limit.  It will take some research, but start with your state's vehicle code.

But bear in mind that if the judge throws out the ticket because it was written wrong, all the officer has to do is strike out the 35, write "40" and send it back.  So I don't think it's worth it.