I recieved a speeding ticket for going 52 in a 40. Currently, I have a clean record and have been driving for the past 8 years. I have been doing quite a bit of research as well. What I have just found out is that there may have never been a speed study performed on the street that I received the ticket on. Beyond that, within the last 5 years is even more doubtful.
According to Chapter 2B of the MUTCD, it states, "When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic." It also states, "After an engineering study has been made in accordance with established traffic engineering practices...".
The city has an FAQ about what happens to set a speed limit. It states, "The City... conducts street and speed studies (the engineering and traffic investigation required by the RCWs) for all other streets, including [lots of information].... The street portion of the study includes [a variety of information]... The speed study portion of the study includes... the speed at which at least 85 percent of the drivers drive the studied street. Both the physical characteristics and the speed information are considered before the Department of Public Works makes a recommendation for the Speed Limit to the City Council. The City Council then determines the Speed Limit that will be posted for the studied street.
I am going to contest this ticket. Due to RCW 46.61.400, city streets should be posted at 25MPH. However, this street was changed to 40MPH. Since there apparently is no traffic study performed (even outside of the last 5 years) on that street for that speed limit to be posted, what are the chances that the ticket could be dismissed, as it does not conform to the standards set within the MUTCD and the rules adopted by the city?
According to Chapter 2B of the MUTCD, it states, "When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic." It also states, "After an engineering study has been made in accordance with established traffic engineering practices...".
The city has an FAQ about what happens to set a speed limit. It states, "The City... conducts street and speed studies (the engineering and traffic investigation required by the RCWs) for all other streets, including [lots of information].... The street portion of the study includes [a variety of information]... The speed study portion of the study includes... the speed at which at least 85 percent of the drivers drive the studied street. Both the physical characteristics and the speed information are considered before the Department of Public Works makes a recommendation for the Speed Limit to the City Council. The City Council then determines the Speed Limit that will be posted for the studied street.
I am going to contest this ticket. Due to RCW 46.61.400, city streets should be posted at 25MPH. However, this street was changed to 40MPH. Since there apparently is no traffic study performed (even outside of the last 5 years) on that street for that speed limit to be posted, what are the chances that the ticket could be dismissed, as it does not conform to the standards set within the MUTCD and the rules adopted by the city?
