# Should I appeal if the cop claimed the speed limit was 30 when in fact it was 35?



## jert124 (May 11, 2009)

So I am driving in Amherst, MA at around 9 pm. I am unfamiliar with the area, so I am a bit distracted as I try to look for street signs. I have no idea what the speed limit is, I remember seeing signs for 40, 35, 30..I was also being tail gated by someone most of the way. Anyway, I come to a straight away all down hill and so I am riding the brakes. all of a sudden I see the flashing blue lights. I pull over and she says I was going 50 and that the speed limit is 30. I was apologetic and sincere to the state trooper. Had i known it was 30, I would've braked a little harder. I knew the roads were slick that night so I was being much more cautious than normal. I went back the next morning to check the location where I was pulled over and the speed limit was actually 35. I know it is only a 5 mph difference, but could this give me some sort of an upper hand if I were to appeal? I have never gotten a ticket in MA. Do I have a chance of succeeding if I bring this to court??


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## justanotherparatrooper (Aug 27, 2006)

By all means appeal but the most important one is the judges appeal which forces the officer to come in on his off time. Was she wearing her hat?If at all possible bring the sign in with yiou to show the judge your evidence.


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## mikey742 (Mar 4, 2005)

Yes that is grounds for immediate dismissal. One note make sure you remind the Clerk that that type of error is grounds for immediate dismissal some of them don’t know it. Also if the Clerks say you are wrong appeal to the judge they all know about that rule. Also like JAP said check in to the hat thing and when in court make sure the officer has it with him.


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## OfficerObie59 (Sep 14, 2007)

jert124 said:


> I have no idea what the speed limit is, I remember seeing signs for 40, 35, 30..I was also being tail gated by someone most of the way. *Anyway, I come to a straight away all down hill* and so I am riding the brakes. all of a sudden I see the flashing blue lights. I pull over and she says I was going 50 and that the speed limit is 30. I was apologetic and sincere to the state trooper. Had i known it was 30, I would've *braked a little harder*. *I knew the roads were slick that night so I was being much more cautious than normal.* I went back the next morning to check the location where I was pulled over and the speed limit was actually 35. I know it is only a 5 mph difference, but could this give me some sort of an upper hand if I were to appeal? I have never gotten a ticket in MA. Do I have a chance of succeeding if I bring this to court??


You may have been more cautious than normal, but apparently it wasn't reflected in your speed. From what I read you're contesting on the basis of the speed limt, not your actual operation, which was still 15 mph greater than the speed limit.

If the officer checked the 90/17 box next to the speed entry on the citation, the trooper *was not* wrong. If the roads were wet and slick, the speed limit of 35, coming down hill, may very well not have been "reasonable and proper" under the circumstances as required by law. As 30 mph was the minimum reasonable speed under the conditions, that's where you were cited from.

And stop using the tailgating and travelling downhill excuses. It's old and irritating when you tray to blame someone else or a forseeable, non-dynamic condition for an aspect of your behavior. You could have pulled over for the tailgater to pass, and the hill didn't just rise out of the ground as you were driving on it.

Anyways, sure, appeal, you have nothing to lose. But just be aware that from your example, the trooper did nothing wrong.


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## jettsixx (Dec 10, 2005)

I got a complaint filed against me by some dirtbag that is claiming that I beat him with my baton. I did not beat him with my baton at all, I used my flashlight. Had I known he was going to file a complaint I would have made sure that he knew what I was using.

(disclaimer-the previous story may or may not be true)


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## Hush (Feb 1, 2009)

jettsixx said:


> i got a complaint filed against me by some dirtbag that is claiming that i beat him with my baton. I did not beat him with my baton at all, i used my flashlight. Had i known he was going to file a complaint i would have made sure that he knew what i was using.


yield! Yield! Yield!


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## LGriffin (Apr 2, 2009)

"So I am driving in Amherst, MA"

There's your mistake so now you and the Trooper are even so chalk it up to experience but definitely "appeal, appeal, appeal!"


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## Johnny Law (Aug 8, 2008)

jert124 said:


> So I am driving in Amherst, MA at around 9 pm.


Were you headed to a frat party? Coming from the "Extrava-ganja" event? Getting your armpit hair braided? Picking up your hemp sweater and Birkenstocks? Hugging a tree? Protesting global warming? Or getting gigged for speeding?


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## 263FPD (Oct 29, 2004)

Apeal by all means. Weather you win or loose, we win.


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## lpwpd722 (Jun 13, 2006)

Really, appeal that way it will be a win/win situation the State wins(when you get found responsible), the trooper wins (o.t.)... you unfortunately will probably not fare so well, especially if you work. You will have to pay the fine and miss a days pay.


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## 263FPD (Oct 29, 2004)

lpwpd722 said:


> Really, appeal that way it will be a win/win situation the State wins(when you get found responsible), the trooper wins (o.t.)... you unfortunately will probably not fare so well, especially if you work. You will have to pay the fine and miss a days pay.


Words of trurh!!!!!!!


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