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Re: MD traffic code/speeding question



kcee@access.digex.net wrote:

: In article <468g8s$mqj@cville-srv.wam.umd.edu>, 
: <urgent@roissy.umd.edu> writes:
: > Path: 
: news3.digex.net!news2.digex.net!howland.reston.ans.net!news.spr
: intlink.net!holonet!colossus.holonet.net!cs.umd.edu!haven.umd.e
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: > From: urgent@roissy.umd.edu (David Gent)
: > Newsgroups: dc.general,dc.driving,balt.general
: > Subject: MD traffic code/speeding question
: > Followup-To: dc.driving
: > Date: 20 Oct 1995 15:46:36 GMT
: > Organization: Satisfaction Waranted, But Not Required, Inc.
: > Lines: 25
: > Message-ID: <468g8s$mqj@cville-srv.wam.umd.edu>
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: > Xref: news3.digex.net dc.general:31365 dc.driving:4507 
: balt.general:6646
: > 
: > 	Follow-ups set to dc.driving
: > 
: > I have a bit of a quandry regarding a speeding ticket I got 
: in College
: > Park, MD.  The quick details: goin 40mph along Greebelt Road 
: (which is
: > posted at 40); turn north onto Rt1 and get pulled over just 
: before a
: > 40mph sign, and issued a ticket for doing 39 in a 30.  My 
: observation
: > is that there are no signs indicating a 30mph speed limit 
: (fact!) even
: > if it is a 30mph zone (the closest sign indicating this is 
: ~1/2mile
: > south of the intersection I turned onto on Rt1.
: > 
: > At the very least I'll plead guilty with an explanation.  But 
: I think
: > I really should be pleading not guilty, as it's completely 
: unclear
: > what the speed limit is.  However, I'm not sure if this is a 
: case of
: > ignorance of the law and will be thrown out, or if there are 
: actually
: > traffic codes that cover this.
: > 
: > Not that I want anyone to do my research for me-- but how do 
: I go
: > 'bout finding what the code's say 'bout this?
: > 
: > thanks for any opinions  --dg
: > 
: > -- 
: > urgent@roissy.umd.edu is david gent 301/405-4797 the Zeno 
: project
: > Doing my best to spend the 'merican taxpayer's money wisely.
: > 
: > 
: Suggest you plead "Not Guilty" and explain what happened.

: It isn't so much a matter of statute, as "Notice".  You can't 
: comply with the law if you have not notice of it.  In your 
: case, the speed limit sign appears before the intersection and 
: you had no notice of the change in speed limit form one roadway 
: to the next.  

: Although this is a traffic citation, the burden of proof and 
: elements of the offense are the same as in criminal matters, 
: i.e., intent and action; you didn't "intend" to violate the 
: law.  However, these arguments usually don't work in traffic 
: court.  You've got to kill somebody before a judge is 
: interested in whether or not you had "intent" or whether or 
: not the glove fit.

: Good Luck...

: P.S.  If you have no outstanding points, as for a PBJ 
: (probation before judgment)....it may save you a few.

Take a picture of the location, including a picture of the 40 mph sign for
supporting evidence.  If the cop does not know about the 40 mph sign, then
it will be your word against his, and they will accept only his.  You need
proof of the sign.  The cop will verify the location that he pulled you
over.

Plead not guilty.
-- 
==Stephen Meier==================================       ,,,
NASCAR #6, #2; No Ford vs. Chevy, just DRIVE FAST oOO__(o o)__OOo
Pam Tillis Fan;BC200XLT                                =_o_=
=================================================        *