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Durkin Tactical Franklin Armory
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Posted: 6/4/2008 6:47:13 PM EDT
I have a question regarding the notification of speed limits. And here is the story behind it.

In Austin I've seen the speed limit signs all over town for the frontage roads set at 50 mph. However, I happened to be pulled over on one that was set at 45 mph. There is no speed limit sign anywhere on the frontage road that lets the drivers know it's 45, but just down the street at the next light it is 50.

How can you be given a ticket for speeding when the city doesn't have the speed limit posted on the road anywhere?

Should there be a speed limit sign posted on the frontage road just after an exit from the freeway?

Not everyone is a local and say you just exited the freeway and don't know what the speed limit is on the frontage road. I didn't get a ticket, but just wanted to throw this out there for some of you in law enforcement.

PS: This isn't the first time of me seeing this. I saw one where the speed limit was never posted when you were going North on this certain road, but when going South they posted one not too long after every road that intersected the hwy.
Link Posted: 6/4/2008 6:49:53 PM EDT
[#1]
a lot of cities have a "unless otherwise posted the speed limit is 35mph" or whatever ordinance. Mine does
Link Posted: 6/4/2008 6:52:34 PM EDT
[#2]
Ive noticed around here (austin/cedar park) that speed limits like to jump for no apparent reason. Go down the road with a limit of 55. Road doesnt change in traffic/lights/et cetera but then you'll hit a 45 stretch.


And Ive never seen so many cops in one general area before. I cant go to the gas station and back without seeing at least 1-2 police cars and probably a motorcycle unit.


And I swear the worst stretch is going to Bergstrom airport. Where 183 turns into a 2 lane road past 35. Everytime theres 3-4 motorcycle cops in that area. Last time I went down there there was a bike cop on a little dirt path on the side of a hill with only his head/laser gun visible because of the brush growth. 183 bewtween mopac and 45 (toll) is another hot spot.
Link Posted: 6/4/2008 6:53:18 PM EDT
[#3]
Where you doing 50 or 55? If 50, you can probably argue it with a judge and win, but 55 would be a no go.
Link Posted: 6/4/2008 6:55:12 PM EDT
[#4]

Quoted:
Ive noticed around here (austin/cedar park) that speed limits like to jump for no apparent reason. Go down the road with a limit of 55. Road doesnt change in traffic/lights/et cetera but then you'll hit a 45 stretch.


And Ive never seen so many cops in one general area before. I cant go to the gas station and back without seeing at least 1-2 police cars and probably a motorcycle unit.


And I swear the worst stretch is going to Bergstrom airport. Where 183 turns into a 2 lane road past 35. Everytime theres 3-4 motorcycle cops in that area. Last time I went down there there was a bike cop on a little dirt path on the side of a hill with only his head/laser gun visible because of the brush growth. 183 bewtween mopac and 45 (toll) is another hot spot.


I've also noticed the cops taking up positions on the new toll way. Yeah, if you're going on hwy 71 they'll sit under the I-35 bridge with laser guns.
Link Posted: 6/4/2008 6:57:41 PM EDT
[#5]

Quoted:
Where you doing 50 or 55? If 50, you can probably argue it with a judge and win, but 55 would be a no go.


50

It was late at night just needed a reason to pull someone over. He asked me what I thought the speed limit was and I said 50 because that's what all the frontage roads are in Austin. He said not this section. Well, how do I know that if you don't let me know?
Link Posted: 6/4/2008 6:57:49 PM EDT
[#6]
It varies greatly from state to state.  In Georgia, city and county cops have to give you 10 over if they are using any kind of speed detection device.  Also no unmarked cars.

So, I guess you would have to check on Texas regulations regarding speeding tickets.
Link Posted: 6/4/2008 6:59:43 PM EDT
[#7]
On the Arkansas side of town there is a sign that says "End of 35MPH Zone"

[email protected]!? Why not just say what the new speed limit is?
Link Posted: 6/4/2008 7:01:20 PM EDT
[#8]
I just want them to be fair and let the motorist know what the speed limit is. Don't hide it in some if otherwise BS ordinance. Not everyone is from your town.
Link Posted: 6/4/2008 7:02:18 PM EDT
[#9]
If it were me I would just plead not guilty and request a trial by jury.

You would likely win the trial based on the fact that first speed limit sign you see coming off of there reads 50mph. In fact just the fact that you request a trial the prosecutor or judge might simply choose to dismiss the case so as not to waste their time. Or the cop might not show up.

I got  a ticket claiming I was going 40 in a 30. I requested trial by jury finally got a court date two months later, and the day of the trial it was dismissed right off hand.

Its definitely worth it to fight it.
Link Posted: 6/4/2008 7:05:08 PM EDT
[#10]

Quoted:
just plead not guilty and request a trial by jury.

You would likely win the trial based on the fact that first speed limit sign you see coming off of there reads 50mph. In fact just the fact that you request a trial the prosecutor or judge might simply choose to dismiss the case so as not to waste their time. Or the cop might not show up.

I got  a ticket claiming I was going 40 in a 30. I requested trial by jury finally got a court date two months later, and the day of the trial it was dismissed right off hand.

Its definitely worth it to fight it.


I didn't get a ticket though. I'll definitely do that if it happens again.
Link Posted: 6/4/2008 7:10:40 PM EDT
[#11]
Link Posted: 6/4/2008 7:15:43 PM EDT
[#12]
Look here:

Houston Speed Trap
Link Posted: 6/4/2008 7:17:37 PM EDT
[#13]
Around here there is a road that is 35mph going west and 25mph going east
Link Posted: 6/4/2008 8:48:45 PM EDT
[#14]

Quoted:
On the Arkansas side of town there is a sign that says "End of 35MPH Zone"

[email protected]!? Why not just say what the new speed limit is?


Is it leaving a town on a highway where the state limit for that kind of road re-applies?

If the limit changes and there is inadequate or NO signage, you should easily win a contested ticket.  If you can't then you better vote both the Judges and the City Councilmen OUT.

Check this, for applicability in TX

www.dot.state.tx.us/publications/traffic/mutcd_introduction.pdf

and then to here for the full text, and the applicable details

mutcd.fhwa.dot.gov/
Link Posted: 6/4/2008 8:51:43 PM EDT
[#15]

Quoted:
a lot of cities have a "unless otherwise posted the speed limit is 35mph" or whatever ordinance. Mine does


Yep, it happened to me 7 years ago......."I fought the law and the law won" really
Link Posted: 6/4/2008 8:52:04 PM EDT
[#16]

Quoted:
I just want them to be fair and let the motorist know what the speed limit is. Don't hide it in some if otherwise BS ordinance. Not everyone is from your town.


There should be a state prima facie speed limit for that type of "highway", and if it isn't posted that should apply.  Like 25 in residential districts, 35 in business districts, and so on.
Link Posted: 6/4/2008 8:53:36 PM EDT
[#17]
why didn't you pull out a tazer and ask the cop if he's smarting off?
Link Posted: 6/5/2008 6:51:32 AM EDT
[#18]

Quoted:

Quoted:
On the Arkansas side of town there is a sign that says "End of 35MPH Zone"

[email protected]!? Why not just say what the new speed limit is?


Is it leaving a town on a highway where the state limit for that kind of road re-applies?

If the limit changes and there is inadequate or NO signage, you should easily win a contested ticket.  If you can't then you better vote both the Judges and the City Councilmen OUT.

Check this, for applicability in TX

www.dot.state.tx.us/publications/traffic/mutcd_introduction.pdf

and then to here for the full text, and the applicable details

mutcd.fhwa.dot.gov/


No it's right in the middle of the city
Link Posted: 6/5/2008 6:57:36 AM EDT
[#19]
Look, speed limits are NOT for safety, they are for revenue generation.  This is particularly true in a town.

If the city was truly worried about safety, they would post officers to sit, with their flashers on, at intersections where there are many red light running accidents during high traffic times.

Instead, they pick areas where many speed due to the speed limit being set too low to patrol.

Almost all speed limits are set at least 10 MPH lower than normal traffic flow for this reason.



Link Posted: 6/5/2008 10:29:15 PM EDT
[#20]

Quoted:

Quoted:

Quoted:
On the Arkansas side of town there is a sign that says "End of 35MPH Zone"

[email protected]!? Why not just say what the new speed limit is?


Is it leaving a town on a highway where the state limit for that kind of road re-applies?

If the limit changes and there is inadequate or NO signage, you should easily win a contested ticket.  If you can't then you better vote both the Judges and the City Councilmen OUT.

Check this, for applicability in TX

www.dot.state.tx.us/publications/traffic/mutcd_introduction.pdf

and then to here for the full text, and the applicable details

mutcd.fhwa.dot.gov/


No it's right in the middle of the city
 

So read the references provided, go out and take pictures of the approaches and all the signs and fight it.  However, check first to see if what ever they said it was is the rule and the other places are signed correctly because they are exceptions. Then get a map off Google or Yahoo maps and mark where the various signs are and go for it.
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