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I ask this here because I know there are a lot of people that are rather verbal on the "You know you're guilty, why fight it?" wagon. I myself being one of them. However I have a situation that is slightly different from the norm and am seeking some feedback.

This morning I wasn't feeling well, left the house later than usual and went a different route to work so that I could stop at the grocery story and pick up some medicine on the way to work. When pulling out of the grocery store on the street perpindicular to the one I pulled in on (there is a picture below to better understand this) there is a sign saying "35mph". I was already going about 15mph when coming out of the driveway, so I sped up to about 35mph, a bit less because I wasn't feeling well anyhow and saw a cop coming the opposite direction and didn't feel like pushing my luck.

About 250ft after the 35mph sign is a sign stating "SCHOOL: 20mph Between flashing signs". Note that this sign also had no posted hours that the limit is enforced on it either as the signs often do for just this very reason. It's right about this sign where the cop and I passed one another. I looked around, saw no flashing lights, so I kept on going. The traffic around me (2 cars in each lane in front of me) were going about the same speed as I was, maybe 2-3mph slower, and the oncoming traffic didn't appear to be going slow, so I thought nothing of it. People around here don't tend to play around with school zones, so if people weren't crawling through incredibly slowly I figured I was alright too.

Turns out I was in the middle of a school zone, had pulled into one from the grocery store. Of course I found this out only after being pulled over by the cop (who U-turned a bit after passing me). So I got a ticket for 32 in a 20, when I thought I had been going under the limit, not 12 over it. The cop told me that he clocked me at 32 in a 20 as he approached me, and he was approaching me long before I could have possibly seen any sign saying that I was in a School Zone when I pulled onto the road, let alone that the speed was currently enforced.

This isn't so much a "Should I fight it post", but rather a "Am I guilty?" post. And perhaps that's not even the best question either, because I'm obviously guilty of speeding, but is it my fault that I was speeding? I agree that ignorance of the law isn't an excuse either, but it's absolutely impossible that I could have known I was in a School Zone. It's not so much that I didn't know but that I couldn't have known.

Personally I'm torn on fighting it. While I do feel that I was guilty of speeding, and guilty of speeding in a School Zone at that, I don't feel that it was my fault. The only sign that I could see from where I pulled onto the road is a sign stating that the speed limit is 35mph -- which I was following.


Here's a little visual aid. It's not to scale at all, but perhaps it makes it easier to understand.




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Are you guilty? Yes.

However, I would fight it. Take pictures of your path, etc and go to court and tell the judge. Not a sure way, but it will help. Hell, maybe he'll just make you pay court costs.

I saw a lady contests a running a stop sign when teh sign was clearly to far back to see oncoming traffic. She lost, but she put up a good fight.



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At the very least, go to court, and plea bargain down to lesser charges. Wish I would have done this when I got my 1st and only speeding ticket 4-5 years ago.


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Tell me this... was school in session at the time? If it wasn't, you will prolly get off. If it was, you will prolly have to to pay the fine.


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Originally posted by sigma:
And perhaps that's not even the best question either, because I'm obviously guilty of speeding, but is it my fault that I was speeding?



I think you have that backwards. Obviously it's your fault that you were speeding, because your foot was on the gas pedal. I think the quesiton is whether you are guilty. I'm pretty sure knowledge that you were breaking the law is a requisite for conviction, and you could make the case that you did not know you were breaking the law.

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sigma Offline OP
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Originally posted by Matt R:
Tell me this... was school in session at the time? If it wasn't, you will prolly get off. If it was, you will prolly have to to pay the fine.




It was just before 8am, so I assume so. I really have no clue when school starts around here. I generally leave the house earlier and am not on the roads at the time of day that the School zones are active.


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If it's anything like it is down here in Georgia, then there aren't a lot of flashing lights, so much as there are morning and afternoon hours for school speed limits. I faced something of this situation against a cop who might've just been bored and felt like hunting me down. It was around 12:30 or so and the gap that the school speed limit was not enforced was between 9AM and 1PM.

If this is your situation, take it to court and you are 99% guaranteed to walk away sans points or fines.

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go to court. you might not be able to beat it, but you'll at least have the opportunity to pay the fine so no points are assessed. not sure if they do that in tx though.


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Hmmmmm Sig. That's a toughie. Being in TX a year now, I've already been busted for speeding and used up my Get Outta Speeding Free Card. So I know where you're coming from. I don't think you can take defensive driving for speeding in a school zone either. I'd say that you could make a good point though. Also, from my understanding, the speed limit in starts from the beginning of the posted sign until the end of the sign. So you could definitely argue your point. Let the judge know that you slowed down as soon as you saw the flashing sign as well. I hear that TX judges are pretty tough when it comes to school and construction zones. Do what someone said and take pix and/or video of the area. Then present your case. Good luck!


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I would have asked the cop to go back and follow your route with you and told him you obeyed all posted traffic signs in good faith.

You should fight it, since it is not your fault that the traffic signs were placed incorrectly.

T.






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