Stephonovich

As those of you who attended DfR 2013 may know, I received a 51/30 ticket on the monster rollout. I was 2nd in line, and got picked. OK, whatever; I admit I was going over the posted limit. I have no beef with the officers who issued me the citation - they were very professional and courteous.

However, what if the ticket wasn't lawful? HMM... http://dragonaters.blogspot.com/2011...mit-is-65.html

In between the very excitable writing, the gist is this - to lower the speed limit below the State limit of 65 MPH requires an engineering survey be done on the road, otherwise the posted limits are not lawful. I checked all the references, and they're legit. My next step is to find out if such a survey has been done, as this was posted in 2011. If it hasn't, it looks like it's not overly difficult to get it dropped.

Anyone have any other input on this?

RedCelica

Good luck...wish Phil had know about this last year!

Bama Dave

As a roadway designer working with TDOT in the past. You will lose this one. The curves radius and superelevation on the Dragon do control the speed of the road. The posted speed on the road would hold up in a court of law. I can post up the posted speeds just about every curve and the State would win the one. Sorry for the bad news.

Stephonovich

Well, some dude won a ticket for going 61/30 on a bike back in 2011 with the linked arguments, which was the reason for my interest in the first place.

As long as there's no risk of it getting worse (to my knowledge the ticket can't be made worse after the fact; obviously if you're a d*** to the judge you can get contempt of court or what have you) I might see what happens. Thanks for the advice, though.

I should mention I in no way think the speed limit is ridiculous; although 40 MPH would be nicer.

TooSoon

Since you have to show up anyway, i dont think it would hurt to try. real crap luck that they pulled you out like that man.

Habitforming

This greatly interests me. Please keep us updated!

starchland

What constitutes a survey?

Bama Dave

When an engineering firm is hired to build a new road, widen or resurface an existing road, that firm usually improves the road to the most current standards from that Department of Transportation. All roads have a engineered design speed and a posted design speed. The posted design speed is usually about 20 to 25 mph lower that the design speed for safety reasons. Wish you the best on the tickets. Later BD

Stephonovich

It's not a mandatory court appearance, actually. It really boils down to the ticket cost - I'm calling tomorrow to find out how much it'll be. I was told "less than a State ticket." Honestly, if the ticket is less than $200 or so (I'm thinking unlikely) I'll probably end up just paying it; the cost in gas and time to get up there is worth about that much to me.

The other option is hiring a traffic court lawyer, which of course adds its own expense.

rudman

Since it was dismissed it does not constitute case law. As such you would have to bring proof and a copy of that web page would not suffice.

If you want to fight this in court, this statement is key:

"Dear Mr. Lee: Please find enclosed the Road Safety Audit Review of U. S. 129 from North Carolina State Line to Tabcat Bridge in Blount County, dated July 25, 2007. We have no record of a Traffic Engineering Survey and/or Speed Audit for this location."
-Marion E. Hilt, Staff Attorney, TDOT, Tennessee Open Records Act Request, February 23, 2011

You would have to petition the Tennessee state govt for the above. You would have to bring a copy of the actual statue and your response from the TDOT. FOIAs are a bitch. You have to know exactly what to ask for or else your request will be refused.

Now of course if you follow through and show everyone step by step how to beat a speeding ticket on the dragon, you'll be a hero....