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i got a ticket for 35 in a 15 in a school zone but there is no way they could have clocked me in the school zone. this is the second time cops have set up by my school. are there any clauses in tn traffic law that allow me to fight this. the cops were both white and my school is >90% black. could this help me.
Because.... ???Quote:
Quoting staticxsoil
That seems like a fair warning.Quote:
Quoting staticxsoil
Traffic laws are usually structured to encourage lower speeds in school zones. What sort of thing do you have in mind?Quote:
Quoting staticxsoil
How is it relevant?Quote:
Quoting staticxsoil
the school zone ends befor a hill and they closked me on the other side of the hill
If the court accepts that you were outside of the school zone, the speed limit outside of that zone should govern.
would pictures help me any
Would they help you prove where you were pulled over and that you didn't cross through the school zone before being pulled over?
You need to check your states Transportation Code or equivalent.
But, in Texas the following applys:
§ 542.201. GENERAL RULE OF UNIFORMITY.
This subtitle applies uniformly throughout this state. A local authority may not enact or enforce an ordinance or rule that conflicts with this
subtitle unless expressly authorized by this subtitle. However, a
local authority may regulate traffic in a manner that does not
conflict with this subtitle.
§ 542.203. LIMITATION ON LOCAL AUTHORITIES.
(b) An ordinance or rule of a local authority is not effective until signs giving notice are posted on or at the entrance to the highway or part of the highway, as may be most appropriate. This subsection applies only to an ordinance or rule that:
(2) alters a speed limit as authorized by this
subtitle;
§ 544.002. PLACING AND MAINTAINING TRAFFIC-CONTROL
DEVICE.
(b) To implement this subtitle or a local traffic ordinance,
a local authority may place and maintain a traffic-control device
on a highway under the authority's jurisdiction. The
traffic-control device must conform to the manual and
specifications adopted under Section 544.001.
§ 544.004. COMPLIANCE WITH TRAFFIC-CONTROL
(b) A provision of this subtitle requiring an official
traffic-control device may not be enforced against an alleged
violator if at the time and place of the alleged violation the
device is not in proper position and sufficiently legible to an
ordinarily observant person. A provision of this subtitle that
does not require an official traffic-control device is effective
regardless of whether a device is in place.
TN should have a Manual on Uniform Traffic Control Devices.
§ 544.002 (b) states that a traffic control device (TCD) must conform to the manual and specifications...
If the school zone is not properly designated then it does not legally exist, as it fails to conform as it, by law, must.
The Tennessee Department of Transportation http://<a href="http://www.tdot.stat...struction/</a> refers you to the Federal Highway Administration's MUTCD site http://mutcd.fhwa.dot.gov/. You'll want to read Part 7. Traffic Controls for School Areas. Section 7B.08(see below) is of importance, as all school crosswalks must have an S1-1 positioned in advance of the crosswalk sign. School Zones without or school speed zones with out S1-1s are not properly designated.
Understand that you will need find out the TN statues that deal with this sort of thing. I'd bet that such statues are on the books, but you might have to do some homework.
HTH
Section 7B.08 School Advance Warning Assembly (S1-1 with Supplemental Plaque)
Guidance:
The School Advance Warning assembly (see Figure 7B-1) should be installed in advance of locations where school buildings or grounds are adjacent to the highway, except where a physical barrier such as fencing separates school children from the highway.
Standard:
The School Advance Warning assembly shall be used in advance of any installation of the School Crosswalk Warning assembly (see Figure 7B-2), or in advance of the first installation of the School Speed Limit assembly (see Figure 7B-3).
If used, the School Advance Warning assembly shall be installed not less than 45 m (150 ft) nor more than 210 m (700 ft) in advance of the school grounds or school crossings.
If used, the School Advance Warning assembly shall consist of a School Advance Warning (S1-1) sign supplemented with a plaque with the legend AHEAD (W16-9p) or XXX METERS (XXX FEET) (W16-2 or W16-2a) to provide advance notice to road users of crossing activity.