My question involves a speeding ticket from the State of: Texas
I received a citation for speed of 49 mph within a posted 35 mph zone within a municipality. The ticket was issued by a city police officer.
I am considering the following argument and would like some feedback, please...
The posted limit was 35 mph. There is no posted sign when entering the municipality of a limit that applies unless otherwise posted.
I have reviewed the city ordinances regarding speed. They state "A speed limit of 30 miles per hour shall be effective immediately upon any street or highway not presently posted with appropriate signs." The ordinances go on to list particular stretches of road which have presumably undergone the prerequisite engineering and traffic investigation required by state statutes in order to post signs with speed limits other than described in the state statutes.
The citation I received states that the violation occurred within the "1100 block of S. Kimball Ave." The city statutes state that 35 mph is the prima facie maximum reasonable and prudent speed for travel on Kimball Ave. from "Crooked Lane to S.H. 114 south to the city limits." The 1100 block of S. Kimball Ave. does not fall within this described portion of the road although signs are posted in this area.
At this point, I am assuming that this means that the prerequisite study was not conducted for the stretch of roadway that I was traveling on. Even if it was, this stretch of roadway is not listed within the city ordinances as having a determined prima facie rate of speed.
Therefore, either:
1. The city "default" of 30 mph applies because the sign posted on this stretch of roadway is not appropriate. However, I do not believe that this overcomes the requirement of the Texas Statutes wherein the municipality must have done the appropriate survey in order to enforce the 30 mph limit. Therefore, the 30 mph is not enforceable.
or
2. The state prima facie speeds apply wherein the two speeds that may apply to this section of roadway are:
a. 30 mph in an urban district on a street other than an alley...
or
b. 60 mph outside an urban district....
The definition of "urban district" is "the territory adjacent to and including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway."
On the stretch of roadway in which I was traveling there is absolutely no building that is within 100 feet of another. Therefore, if I understand the definition of "urban district" correctly, I was not traveling in an urban district. Therefore, the prima facie speed for this stretch of roadway is 60 mph.
I was approaching a wide curve and could, arguably, need to adjust my speed due to the road conditions. However, 49 mph does not seem to be an unreasonable speed considering the prima facie speed and conditions.
I'd appreciate feedback. Does my position seem sound? Are there any particular discovery requests I should consider making to support my position (other than evidence of the prerequisite engineering and traffic study)?
Thanks in advance for any help offered!

