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  1. #1
    Join Date
    Nov 2008
    Posts
    10

    Default Officer Wrote Wrong Speed Limit

    My question involves criminal law for the state of: Delaware

    I was recently driving at night on a rural two lane road less than a mile from my house. I was stopped by an unmarked State Trooper who came up from behind me. I was issued a citation for 73 mph in a 35 zone. He says he was running radar out the back of his car and clocked me right after I made a 90 degree turn onto that road. Problem is that there was no speed limit sign posted going east (my direction of travel) for the entire length of the road. Going the other direction there is a 50 mph sign and then a 35 mph sign put up during some construction and then left. The road has always been a 50 zone and according to my knowledge if a two lane hyway is unmarked the speed limit is assumed at 50mph unless it is in a residential area.

    The next day I took pictures of the entire length of road showing no limit signs posted. I then sent an email to the Department of Transportation asking what the limit actualy was. They did not respond, but two weeks later came out and posted a 50 sign.

    I have been advised that in Delaware a conviction for 38mph over the limit could result in a license suspension of up to 3 months and a fine of $258.

    I had the case scheduled for trial in JP court and then had it transfered for trial in the Court of Common Pleas.

    My question is can I get this case dismissed, and do I have any recourse against the State?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Officer Wrote Wrong Speed Limit

    So your claim is that you were speeding in a construction zone, and it should have had a 35 MPH speed limit, but that there was no sign posted and thus the regular 50 MPH speed limit should apply? So you're trying to get the ticket reduced to 23 over instead of 38 over?

    Do you have recourse against the state for speeding? No. How is it the state's fault that you were speeding?

  3. #3
    Join Date
    Jul 2008
    Posts
    471

    Default Re: Officer Wrote Wrong Speed Limit

    I read that to mean there was no construction work being done. At one time there was but there is now no evidence of construction except a left over construction speed limit sign. Does the sign then carry the weight of law and trump the normal unposted rule?

  4. #4
    Join Date
    Nov 2008
    Posts
    10

    Default Re: Officer Wrote Wrong Speed Limit

    Quote Quoting kist
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    I read that to mean there was no construction work being done. At one time there was but there is now no evidence of construction except a left over construction speed limit sign. Does the sign then carry the weight of law and trump the normal unposted rule?
    That is correct. I only know about the construction because I live here. Also the 35 sign is facing the opposite direction from the way I was traveling.

  5. #5
    Join Date
    Nov 2008
    Posts
    10

    Default Re: Officer Wrote Wrong Speed Limit

    Quote Quoting Mr. Knowitall
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    So your claim is that you were speeding in a construction zone, and it should have had a 35 MPH speed limit, but that there was no sign posted and thus the regular 50 MPH speed limit should apply? So you're trying to get the ticket reduced to 23 over instead of 38 over?

    Do you have recourse against the state for speeding? No. How is it the state's fault that you were speeding?
    I guess I should have been more clear. I was not doing 73, at the point he says he clocked me I wasn't even doing 50. If I had been I would have rolled the car. This is a 90 degree right turn.

  6. #6

    Default Re: Officer Wrote Wrong Speed Limit

    He says he clocked you at 73 so that is what the judge is going to believe. The judge may find you guilty of 73 in a 50 or he may ignore your "evidence" even if you are able to get it admitted. Since this could mena a suspension and huge insurance increase, I would check to see if your first appearance is a trial or only a plea hearing. If the latter, try to negotiate and then ask for a trial if they won't deal. If it is a trial, retain an attorney. I would go by and talk to the clerk of court to see if she will tell you what to expect.

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