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Wheels of Justice

Poorly posted speed limits

Question: “I was stopped for speeding on a stretch of road where there was no posted speed limit. How can an officer give me a speeding ticket when the legal limit is unknown?”

Answer: Ensuring that drivers are informed of speed limits is the duty of the State Department of Transportation (SDOT). The SDOT must survey every road it regulates to determine the lowest and highest speeds that a vehicle may safely travel on them. They must also post speed limit signs to inform the public.

In addition, the SDOTs must post signs announcing that the speed limit is about to go up or down. States have laws on the books that dictate how far apart the signs must be spaced so that drivers can safely modify their speed. This is where many speed traps do their most effective work, catching drivers be-fore they have completely slowed to the new, lower speed limit.

The question becomes, how do you know a speed limit on a stretch of roadway if the legal speed is not posted? The answer—you can’t. Since all roads have a designated speed limit, however, the simple answer is that you did not know the posted speed. Remember the old adage, “Ignorance of the law is no excuse.”

Knowing the posted speed limit is critical under the new CDL laws. Any moving violation will go on your MVR, plus it will increase your personal auto insurance. The most important thing you have to consider is not the expense of the ticket, but the enormous impact it may have on your future earnings. A single ticket could cost you your job, depending upon your company, and it would certainly influence any future employers who might want to consider hiring you.

Along with the new CDL laws and Hazmat regulations, there may be a shortage of qualified drivers which will increase the amount of driver pay. Now is the time for you to consider fighting any and all moving violations you receive. Make sure you are one of the CDL holders with a good driving record, so that you are well-prepared to secure any job you want. The cleaner your MVR, the better job you can obtain and keep. That means more money, better loads and a brighter future.

Jim C. Klepper is president of Interstate Trucker Ltd., an organization that provides legal defense protection to the nation’s commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.

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