Legal Question in Traffic Law in Virginia

I received a ticket today for doing 39mph in a 25mph school zone. The cop was sitting feet before the school zone started and pulled me over at the end of the school zone. The speed limit sign before the school zone started said 45mph. When I got pulled over the cop asked if I knew what I was getting pulled over for and I said no he asked if I knew what the speed limit was and I said 45mph he then said you were doing 39mph. I asked if he pulled me over because I was going to slow then he stated that I was in a school zone. The light on the sign were not flashing at all & no kids were present. What should I do?

Asked on 2/28/12, 3:46 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If the speed limit is nomrally 45, but at certain times it drops to 25, when you go to court the prosecutor would have to prove that the 25 MPH school zone applied. You should go back and look, and take a series of photographs of the route. Check if the sign says it is automatically 25 MPH at certain times of the day. If not, then if you go to court and plead not guilty, they would not be able to prove that you were speeding, if they cannot prove that the 25 MPH lower speed limit was in force at that time.

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Answered on 3/04/12, 7:57 pm

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