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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Speed Ticket from Obstructed Speed Limit Sign

    My question involves a speeding ticket from the State of: Maryland
    Hi and thank you for any advice/tips.

    Officer recorded me traveling 48 in a 30, via speed gun.

    The officer was friendly, but stated that i of course broke the law.
    I asked if there was any way to have the ticket reduced (it HAS happened when i have asked nicely.).
    He stated he couldnt because of a MD program to get aggressive driving but that i should go to court.

    I feel i have a good case to fight this ticket. Do you?
    The speed limit is 45mph, then 600 feet later(?) changes to 30mph.
    The 30mph sign is obstructed by a tree branch , partially.


    a) Why would he suggest to go to court?
    Was he hinting that he might not show?

    b) I had already post poned the date once. my new date is this friday. I post poned in hopes the officer will not show.
    c) i have picture evidence of the obstruction of the sign as well as a google maps picture i modified indicating locations of signs/the officer.
    d) I have found the legal verbage from the state of MD indicating that tickets resulting in obstructed speed signs should be thrown out.
    If i go to court, and the officer is there, i will want to plead 'Not Guilty'.
    e) i havent recieved any tickets in several years.

    When i present to the court, my photos of the partially obstructed speed sign, and map layout - should i also include a copy of the section of the law cited below?

    § 21-201. Obedience to and required traffic control devices.
    (a) Obedience required.-

    (1) Subject to the exceptions granted in this title to the driver of an emergency vehicle, the driver of any vehicle, unless otherwise directed by a police officer, shall obey the instructions of any traffic control device applicable to the vehicle and placed in accordance with the Maryland Vehicle Law.

    (2) The driver of a vehicle approaching an intersection controlled by a traffic control device may not drive across private property or leave the roadway for the purpose of avoiding the instructions of a traffic control device.

    (b) When devices not in proper position and legible; when devices not required.-

    (1) If a provision of the Maryland Vehicle Law or of an ordinance or regulation of a local authority requires a traffic control device, the provision is unenforceable against an alleged violator if, at the time and place of the alleged violation, the traffic control device is not in proper position and legible enough to be seen by an ordinarily observant individual.


    i have pictures of what i will be presenting in court, but for some reason cant insert them onto this post.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,902

    Default Re: Speed Ticket from Obstructed Speed Limit Sign

    Quote Quoting Jon24
    View Post
    i have pictures of what i will be presenting in court, but for some reason cant insert them onto this post.
    You need to upload the picture to an image hosting site (imageshack, photobucket...etc) and then link it in your post.

    But... Even if we can see the obstructed sign (partially), the ultimate decision as to whether it is "legible enough to be seen by an ordinarily observant individual" is up to the judge. Go to court, present your case, show the picture and hope for the best.
    I am right 97% of the time... Who cares about the other 4%!

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