# Another 90/17 Question



## forge39 (Dec 21, 2008)

Sorry... another 90/17 question...

I was given a speeding ticket on a Divided Highway. The officer was going in the opposite direction. The Ticket says that the Radar showed me going 66 in a 50 MPH area. 

Questions:
> Under the 90/17 Law, the officer needs to observe and estimate my speed for 1/4 mile. Would that mean that the officer would need to be 1/2 mile away from me when he started his observation?

> Is it possible to visually determine the speed of a car 1/2 mile away traveling in the opposite direction?

Sorry for the silly question. Like everybody who receives a speeding ticket, I don't think I was speeding. I have not receved a speeding ticket for the past 25 years. So I an not a speeder... 

thanks,


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## kwflatbed (Dec 29, 2004)

Todays fresh meat.


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## TopCop24 (Jul 11, 2005)




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## celticsfan (Dec 18, 2007)

You DO know that these are posted by regulars to mess with you, right?


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## Johnny Law (Aug 8, 2008)

forge39 said:


> I was given a speeding ticket on a Divided Highway. The officer was going in the opposite direction. The Ticket says that the Radar showed me going 66 in a 50 MPH area.
> 
> Questions:
> > Under the 90/17 Law, the officer needs to observe and estimate my speed for 1/4 mile. Would that mean that the officer would need to be 1/2 mile away from me when he started his observation?


If the speed limit is posted, he doesn't need to observe you for 1/4 mile. I highlighted the part you missed.

Chapter 90: Section 17. Speed limits

Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.


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## kwflatbed (Dec 29, 2004)

celticsfan said:


> You DO know that these are posted by regulars to mess with you, right?


All IP addys are checked and cross checked 99% are IDIOT NOOBS


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## fra444 (Nov 23, 2008)

Sorry Forge but you like all others that get a ticket are wrong. When clocked by radar or lazer! The guns are calibrated regularly and are normaly very accurate. Sadly its a simple case of you just may have stopped paying attention to your speed but sir I am sure you were indeed speeding.


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## forge39 (Dec 21, 2008)

Thanks .... I am still not able to accept it. 25 years of no-tickets is hard to give up.


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## BRION24 (Sep 19, 2008)

Appeal it anyway because you probably weren't "speeding" and I'm sure the officer could use some court time $$$


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## Guest (Dec 22, 2008)

BEEP BEEP!!!

Is that a bus I see coming?


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## Guest (Dec 22, 2008)

If you (*HONESTLY*) haven't had a ticket in 25 years, MOST magistrates will throw you a bone at an appeal. If not, PLEASE pay the measly dollars for a Judge's appeal. Welcome to the world of DSP-based MOVING RADAR !!!!!!!!!


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## OfficerObie59 (Sep 14, 2007)

forge39 said:


> Under the 90/17 Law, the officer needs to observe and estimate my speed for 1/4 mile. Would that mean that the officer would need to be 1/2 mile away from me when he started his observation?


The distance usually refers to unposted clocking (i.e., the cop followed you) and the interpretation usually varies by magistrate. Even then, through case law (I believe its Comm v. Wynaught), the courts have stated the distance is only supporting evidence and good practice, not an element of the offense. So the cop could have clocked you for 5 feet and the cite would be good.


forge39 said:


> Is it possible to visually determine the speed of a car 1/2 mile away traveling in the opposite direction?


Maybe not the exact speed, but a good enough estimate to make sure you were the car he had tagged on radar.


forge39 said:


> So I an not a speeder...


Fight your ticket all the way the judges appeal. I beg you. The detail log hardly had any entries this month...


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## BLUE BLOOD (Aug 31, 2008)

Oh Christ,just pay the Fucking ticket Please!


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## j809 (Jul 5, 2002)

You were cited in a zone which is posted therefore an absolute speed limit under 90-18 and you don't have to be clocked.


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