Is it legal to have two different speed limits at the same position on opposite sides of the street?
Yes. For instance, at the point a highway enters town. On the outbound lane the speed limit would be posted for highway speed (55 mph) and on the inbound lane it would be posted for city traffic (35-45 mph). Our town has this sign system on the 4 lane highway that exits south of town.
Is an obstructed speed limit sign (tree branches covering the sign were photographed the next day) a valid defense for a speeding ticket (53 in a 40 MPH zone)?
It certainly wouldn’t be a frivolous defense. And it could prove persuasive. Here in Florida, the state’s Department of Transportation publishes the Speed Zoning Manual for Highways, Roads, and Streets in Florida. It requires speed limit signs shall be placed “in a critical location to avoid driveways, other signs, and obstructions which might block it from view.” Most states publish something similar. Go online.A sign depicted as being posted contrary to the requirements spelled out in the Speed Zoning Manual is likely going to carry far more weight with the court than an argument made absent foundation. How you present this defense will vary by jurisdiction, but the elements will be similar. Briefly …Present your photographic evidence. This can be done on cross or direct. Tell the court when the photo was taken, and (optionally) state that it’s an accurate and true representation.Refer the court, or the witness (most probably the officer), to the manual. Read, or have the witness read, the relevant passage to the court.Compare, or have the witness compare, the language contained in the manual to what’s depicted in the photograph(s).If you want to take the officer off the hook, consider hauling someone from your municipality’s department of transportation into court. Judges tend to tolerate beating up on a bureaucrat. Not so much with a police officer. Further, it’s not the cop’s job to prune wayward branches.How you close the deal will also vary. Most likely, a motion to dismiss. This can be made at the conclusion of the state’s case or, if you present one, your case. But remember. Your underlying theory is that if the state expects its citizens to obey the laws, the citizens should expect no less from the state. Stick to it.
What is the difference between a white speed limit sign and a yellow speed limit sign?
What is the difference between a white speed limit sign and a yellow speed limit sign?In the US, the white signs are absolute speed limit signs:Under the law, you may not exceed the posted speed limit on a white speed limit sign.The Yellow speed limit signs are advisory signs:They usually warn of a lower speed than the general road speed limit for a road feature coming up, like a sharp curve in the roadway. It is advisory to a point. The state is pointing out that there is a roadway feature ahead that is potentially dangerous at higher speed and they are advising you that a lower speed limit than the roadway speed limit is smart.You can get a ticket for going faster than the yellow advisory speed limit if the officer thinks that conditions warrant the lower speed limit or that your driving performance indicates that you cannot handle the conditions at a higher speed - weaving, not able to stay within your lane, skidding, etc.
What is the speed limit after passing an end speed limit sign?
Where I live (Clark County, Washington state, United States), many rural roads do not have a posted speed limit. One such road leaves the city of La Center where, as you cross the city limits, a sign advises, “Leaving 35 MPH zone” (or something similar).In Washington state, the maximum speed limit for undivided, two-lane country roads is 65 MPH. However, the reasonable and prudent principle also applies, under which road conditions (curves, width, traffic, weather, etc.) may warrant a lower speed. In such a case, a law enforcement officer may judge that someone traveling 65 MPH on an unposted road may in fact be speeding. (Reasonable and prudent also applies where the speed limit is posted. So if there is a posted speed limit of 50 MPH, I can be cited for speeding at 45 MPH if conditions warrant a maximum speed of 40 MPH.)So, when I leave La Center, even though there is no posted speed limit, I am expected to drive at a reasonable and prudent speed, not to exceed 65 MPH.Some types of roads, both rural and urban, may have reduced “unposted” speeds. For example, a residential area with closely-spaced houses generally has a 25 MPH speed limit.Your jurisdiction may have similar laws.I am not a lawyer. The above is not legal advice. You should consult an attorney licensed in your jurisdiction for specific legal advice.
What is the difference between "speed limit" and "maximum speed" signs?
Speed LimitsCalifornia has a "Basic Speed Law." This law means that you may never drive faster than is safe for current conditions. For example, if you are driving 45 mph in a 55 mph speed zone during a dense fog, you could be cited for driving "too fast for conditions." You may never legally drive faster than the posted speed limit, even if you think it is safe.Regardless of the posted speed limit, your speed should depend on:The number and speed of other vehicles on the road.Whether the road surface is smooth, rough, graveled, wet, dry, wide, or narrow.Bicyclists or pedestrians walking on the road’s edge or crossing the street.Whether it is raining, foggy, snowing, windy, or dusty.Maximum Speed LimitThe maximum speed limit on most California highways is 65 mph. You may drive 70 mph where posted. Unless otherwise posted, the maximum speed limit is 55 mph on two-lane undivided highways and for vehicles towing trailers. Other speed limit signs are posted for the type of roads and traffic in each area. All speed limits are based on ideal driving conditions. Construction zones usually have reduced speed zones.Driving faster than the posted speed limit, or driving faster than safe for current conditions on any road is dangerous and illegal. High speed increases your stopping distance. The faster you go, the less time you have to avoid a hazard or collision. The force of a 60 mph crash is not just twice as great as a 30 mph crash, it’s four times as great!-California Driver Handbook
What is the default speed limit in California if there is no posted sign?
The California Department of Motor Vehicles page on Law and Rules of the Road[1] discusses maximum speed limits under various circumstances.Some highlights (the entire content is too long to reproduce here):California has a “Basic Speed Law.” This law means that you may never drive faster than is safe for current conditions.…The maximum speed limit on most California highways is 65 mph. You may drive 70 mph where posted. Unless otherwise posted, the maximum speed limit is 55 mph on a two-lane undivided highway and for vehicles towing trailers.…When driving within 500 to 1,000 feet of a school while children are outside or crossing the street, the speed limit is 25 mph unless otherwise posted.…The speed limit for a blind intersection is 15 mph.…The speed limit in any alley is 15 mph.…The speed limit is 15 mph within 100 feet of a railroad crossing where you cannot see the tracks for 400 feet in both directions. You may drive faster than 15 mph if the crossing is controlled by gates, a warning signal, or a flagman.…Business or Residential DistrictsThe speed limit is 25 mph, unless otherwise posted.Footnotes[1] California Driver Handbook - Laws/Rules of the Road
Does the speed limit on a road change when you see the sign, or when you pass it?
The speed limit changes at the sign, not before it. (Same is true when you slow down, by the way.)Else, they’d never be able to ticket those eagle-eyed jet jocks who can see 20/5.However, I’m pretty clear about when to start clicking the cruise control so that I’m right on the new speed limit as I pass the sign, in three 55 to 70 zones. At two of those places, it’s easy to see if there are any state troopers in the vicinity…. and at the other, I wait until I’m almost at the sign before accelerating, in part because there are a lot of places to stash a Charger.And trust me, when I’m driving in the other direction, I’m at 55 by the time I hit that sign.