I got a speeding ticket a week ago - 74 in a 65 on the freeway is what is on the ticket.
I was virtually the only car on the freeway, and the limit dropped from 75 to 65 as I got closer to town. I had been driving a while with the good ol' cruise control on and didn't bother to change my speed the moment the signs changed.
As my lack of luck would have it, I passed a Highway Patrol car. The officer promptly pulled me over and requested that I sign on the X and donate a bunch of money to the state, even though they don't have a "quota".
I was written up for violating Utah Code 41-6-47. Just for fun, I decided to see exactly what that section says. Hooray for the internet!!
41-6-47. Speed limits established on state highways. (1) The Department of Transportation may determine the reasonable and safe speed limit for each highway or section of highway under its jurisdiction. Each speed limit shall be based on traffic engineering and safety studies for each highway or section of the highway including: (a) the design speed; (b) prevailing vehicle speeds; (c) accident history; (d) highway, traffic, and roadside conditions; and (e) other highway safety factors. (2) In addition to the provisions of Subsection (1), the Department of Transportation may establish different speed limits on a highway or section of highway based on time of day, highway construction, type of vehicle, weather conditions, and other highway safety factors. (3) (a) A posted speed limit may not exceed 65 miles per hour except on limited access highways which may not exceed 75 miles per hour. (b) This subsection is an exception to the provisions of Subsections (1) and (2). (4) When establishing or changing a speed limit, the Department of Transportation shall consult with: (a) the county or municipality prior to erecting or changing any signs within the county or municipality's political boundaries; and (b) the Department of Public Safety and the Transportation Commission. (5) The speed limit is effective when appropriate signs giving notice are erected along the highway or section of the highway.
Amended by Chapter 49, 1996 General Session
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I figure that since I'm not the Dept of Transportation, it's not possible for me to violate this code section. I think the section the officer should have written was 41-6-46, which starts out:
41-6-46. Speed regulations -- Safe and appropriate speeds at certain locations -- Prima facie speed limits -- Emergency power of the governor. (1) A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when: ...
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I think the vast majority of speeding tickets are mere revenue enhancement for the state, and therefore theft and not safety issues.
This is my first plan of attack when I take it to court. My guess is that either the judge will dismiss the ticket right then and there, or he may allow the prosecutor to simply "restate" the code # to the proper one, which I will then have to find a new way to fight.
Any comments?
Edited to add dancing banana. And another