How would I go about proving that a posted speed limit is illegal in Boston?
Yesterday I got a ticket for going 50 in a 30 (Posted, Estimated, LIDAR, 90/18) on Commonwealth Avenue in Boston, basically a few feet past Evergreen Cemetery. First of all, I do NOT believe I be going 50mph - maybe 40-45, but that's another story. According to this website: http://www.motorists.org/ma/s.html the 30mph posting is illegal. How would I go around showing that in court when I fight my ticket? From what I gather from the website, it looks similar to I would have to go about by showing that no speed survey be done, and if it was, that it doesn't reflect the speed limit that should be posted? Thanks for your lend a hand!
Best Answer:
Just be in motion the speed that is posted on the signs.
traffic court wouldn't be the place where they would overturn traffic laws give it a shot though
You got it. If you can show that the survey was not done, you will stand a randomness. I, however, doubt the validity of that website. I have my doubts and would put that right up there beside the websites that say you can get away with not paying income rates because taxes are un-Constitutional. As for you going 50, it is too late this time, but ALWAYS ask to see the radar gun display. If they cannot show you, you will get off in need the ticket.
Seems like you should have still be obeying the posted speed limit, and should own up to it in court. If you really grain that the speed limit should be changed, you should be obeying the speed limit as it is posted, until you or someone else is competent to change it.
You send a subpoena to the state traffic engineer and require them to bring records of any surveys of that exceptional street.
I question the validity of that web site. Someone palpably went to a lot of trouble, but I don't agree with the claim that speed margins should be adjusted to match the 85th percentile. The fact that most associates violate the speed limit doesn't make the speed limit wrong. It basically means that a lot of people break the regulation habitually. Even if you could successfully petition the court to change the speed limit, I don't think it would be retroactive, so you would more than possible still owe a fine and get points for it. Just go to traffic school and spare yourself the points.



