If you’re accused of violating a presumed limit, you generally have two possible defenses:Occasionally an officer will incorrectly measure your speed. Devoted web enthusiast and web designer.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to … 627.
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706.Basic Speed Law (Veh. A posted speed limit of 55 mph doesn’t mean that you can drive 55 mph in every situation.
The ticketing officer must simply decide that you were going faster than was reasonably safe, taking into account the driving conditions at the time.
257.627 Speed limits. But if it's 6 a.m. on a clear, dry morning with no other cars on a wide, straight road, The concept of the basic speed law is even trickier. Good article- I just want to add that adhering to the basic speed law not only keeps you from getting a ticket but it keeps you safe. No posted speed limit can adequately serve all driving conditions. If you want to fight a speeding ticket, it's important to know:This article covers the first piece—the different types of speed limits.There are three types of speed limits that states use. is reasonable depends on the circumstances such as traffic, weather, visibility, and road conditions. But I do see drivers that don’t. For example, if the officer's testimony focuses on road or weather conditions that might have been unfavorable, you could testify as to the aspects (like good visibility) that go the other way.If you were involved in an accident, it's best to talk to an attorney about your case. Essentially, a basic speed law asks motorists to use common sense as a guideline, in addition to the posted speed limits. If the officer correctly issues you a ticket for exceeding the posted speed limit, the basic speed law will not help you beat the charge. Website: https://driversprep.com California DMV Test Practice: 10 Questions about Pavement MarkingsCalifornia Road Sign Quiz – 20 Road Signs You Must KnowUnderstand the Difference Between a Revoked and Suspended LicenseThe Difference Between a Revoked and Suspended LicenseNo License Suspension for Non-Vehicle Related Crimes Motorists must constantly adjust their driving behavior to fit the conditions they meet. The reasoning is that you were driving too fast, no matter how slow you were driving, because you were in an accident.The difference between fighting a basic speed law ticket and a speeding ticket for going over a presumed limit is that the government has the Before you testify, you’ll have a chance to listen to what the officer says and to cross-examine him.
Even if you are driving 55 mph where the posted speed limit is 65 mph, you may be stopped and charged with driving too fast for conditions. 17 percent agree with a statement like “If it is your time to die, you’ll die, so it doesn’t matter whether you speed.”In 2007, speeding was a contributing factor in 31 percent of all fatal crashes. Sunshine31- Good point. Pike and certain other highways. For example, if you drive 45 mph in a 55 mph zone during a dense fog, even though you are below the posted limit, you may be cited for driving too fast for conditions.
I always drive slower in the rain when my visibility is limited. So, your state might not use all of the three types.The first place to look to determine what type of speed limit you were cited for violating is the ticket itself. "If the ticket has the code number or no information indicating the type of violation, you'll want to Once you know the type of limit you supposedly exceeded, you can start looking to different types of defenses that might apply.The most common defenses to absolute speed limit tickets involve Because these types of defenses are geared toward casting doubt on the officer's speed measurement or estimate, they can be used to defendant against all three types of violations.With “presumed” speed limits, the question is whether the driver was driving an unsafe speed given the road and weather conditions at the time and place the violation allegedly occurred.
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Getting an attorney's assistance in this situation is a good idea. The basic speed law means you must drive at a speed that is reasonable and prudent at all times. So, you can be charged with speeding by violating a basic speed law, even if you were driving Again, although there are three types of speed limits, each state has its own system. Basic rule and maximum limits. Chances are that one or two exam questions are based on these chapters. Never driver faster than is safe for current conditions.Please note: this website is privately owned - it is This website or its third-party tools use cookies designed to give you the best experience. Engineers determine speed limits by looking at the type of road, where the road is located, and how the road is being used. This means that a police officer may stop and give you a ticket under certain circumstances – even you were driving at the posted speed limit.
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