# Question about 90/17 speeding law



## Guest (May 24, 2009)

I am trying to understand the law about speeding, 90/17.

From what I understand, a police officer has to observe a motorist for at least 1/4 of a mile before concluding that he/she was speeding? Is this true?

So if I was going 45 in a 30 mph zone, and the officer only observed me for a few hundred feet, can I be ticketed?

Thank you all for your hard work and service.

~Michele~


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## RodneyFarva (Jan 18, 2007)

keep your hands in at all times and enjoy the ride


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## Deuce (Sep 27, 2003)

Well, at least she was polite...


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## 263FPD (Oct 29, 2004)

Valid question. Good answer. Every one is happy, and yes, she was polite.


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## Cyrix142 (Jan 14, 2007)




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## OfficerObie59 (Sep 14, 2007)

Wolfman said:


> This just establishes *prima facie* evidence that a speed is unreasonable, evidence that may be taken at "face value" and needs no further substantiation. It also applies to *unposted* zones, which by your own admission you were not in. It also does not take into consideration evidence of an estimated or scientifically measured speed (radar / laser), both of which are permissible to show an excessive rate of travel exclusive of any distance traveled at said speed.


To reiterate what Wolfie said, distance guidelines in 90/17 apply only when the speed limit is *not *posted _and _the officer is not using a speed measuring device and is otherwise estimating, clocking, or pacing the speed.

In addition to the "prima facie" written right into the statute, the SJC has confirmed this through a ruling (I believe it's _Comm. v. Wynaught_ but I'm not 100% sure on that) that regardless, the distances are simply suggestions and are not elements required to enforce the speeding statute. So while it would help my case a lot more to pace you for a 1/4 mile, I can pace you for 10 feet in an unposted speed zone and still give you your cite if I wish.

It's certainly something you can bring up in an appeal, but it's not a smoking gun that'll get you off the hook.


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## Mad-Dog24 (May 31, 2008)

I think you should request a judges appeal. Make sure that mean copper who gave you the ticket shows up in court and explains himself.


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## 263FPD (Oct 29, 2004)

Mad-Dog24 said:


> I think you should request a judges appeal. Make sure that mean copper who gave you the ticket shows up in court and explains himself.


Yes. A Win/Win situation.

But I will say again, at least she was asking a legitemate question. She was polite and did not make lame excuses for the violation.


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