Entrapment And Improper Road Signs

Printable View

01-05-2009, 05:45 PM
ckeck

Entrapment And Improper Road Signs

My question involves a speeding ticket from the State of: Texas

So I got a speeding ticket a few weeks back in a small town within San Antonio called Castle Hills which is notorious for speed traps and tickets as one of their main sources of "revenue". I think I have a pretty clean case for a dismissal here but wanted to run it past the community for any feedback and to figure out the best way to approach this.

I was cruising down the highway at 60 mph and took a common exit at which point I was simply coasting and slowing down (slowly). It was in the evening around 10PM and the frontage/access road was completely empty. The next light wasn't for almost 1 mile so I continued to drive at a decent pace of 50-55 mph and not 1/4 mile after I came off the exit ramp an officer nailed me for doing 55 in a 40. So here is my case...

EVERY single other exit ramp in the city has one of those cautionary yellow slow down speed signs on the exit ramp for whatever the frontage/access road speed limit is, however this one does not. Also, when you are taking the exit there is a BIG 60 mph speed limit sign between the highway and exit ramp right in your face. There is a double white line to the right and three lanes on the access road with a small 40 mph speed limit sign well inside the double white lines. You would almost have to turn your head completely to the right to notice this sign coming off the highway. There is not a single other 40 mph sign the entire distance to the traffic light.

There is obviously inadequate signage here and also feels like entrapment to me because of this exact reason. This also happened at night making that small 40 mph almost impossible to see, regardless of the bad location.

I have pictures of all of this supporting my case. What do you all think? Thanks!
01-07-2009, 07:49 PM
Mr. Knowitall

Re: Entrapment And Improper Signage

Quote:

Quoting ckeck

EVERY single other exit ramp in the city has one of those cautionary yellow slow down speed signs on the exit ramp for whatever the frontage/access road speed limit is, however this one does not.

A cautionary speed limit is not notice of an upcoming speed limit. It's a warning that due to the conditions on the exit ramp a slower speed is necessary for safety.

Quote:

Quoting ckeck

Also, when you are taking the exit there is a BIG 60 mph speed limit sign between the highway and exit ramp right in your face.

A speed limit sign on a highway you're leaving has no relevance to the speed limit on any other road.

Quote:

Quoting ckeck

There is a double white line to the right and three lanes on the access road with a small 40 mph speed limit sign well inside the double white lines. You would almost have to turn your head completely to the right to notice this sign coming off the highway. There is not a single other 40 mph sign the entire distance to the traffic light.

Take pictures, and tell it to the judge.

Are other similar roads in the area also 40 MPH, or do they have higher speed limits?
02-12-2009, 07:46 AM
ckeck

Re: Entrapment And Improper Signage

Quote:

Quoting Mr. Knowitall

A cautionary speed limit is not notice of an upcoming speed limit. It's a warning that due to the conditions on the exit ramp a slower speed is necessary for safety.

I know that, but it does make you aware and EVERY other exit in this city that I drive by has one (hundreds). I've been making sure to verify this.

Quote:

Quoting Mr. Knowitall

A speed limit sign on a highway you're leaving has no relevance to the speed limit on any other road.

Correct, but the huge "60 MPH" sign is right in front of your face AS you get onto the access road. If I'm already on the access/frontage road and there is a gigantic 60 MPH sign directly in front of me its going to be hard not to notice.

Quote:

Quoting Mr. Knowitall

Take pictures, and tell it to the judge.

Tons of pictures taken and blown up to 8x10 for presentation later today :eek:

Quote:

Quoting Mr. Knowitall

Are other similar roads in the area also 40 MPH, or do they have higher speed limits?

This is part of the problem -- different sections of the access/frontage road in San Antonio has various speeds from 40-50+ MPH in certain areas. It is not consistent at all.