- Jurisdiction
- Kansas
I was cited by a small town municipal officer for speeding at a deceleration zone in the late evening (dark). Officer was parked in a parking lot in the town where visual obstructions existed such as a building and signs. The speed limit reduces from 55mph to 35mph and citation was for 55mph in a 35mph. There is some concern of the legality of the 35mph sign as it is posted approx 350ft outside the city limits. The city limit sign is a very small sign posted at the correct location. There is no lighting over the area to illuminate my vehicle or the signs posted.
The officer was only recently hired as a part time officer approx 2mo ago.
My proposed litigation hovers around the legality of the speed limit sign, if any sign reflectivity tests have been conducted, and if there is a legal requirement for the officer to observe my speed for a visual speed estimation. The officer was off the roadway 65ft and I have studied the area and determined that there are no good landmarks in which speed can be estimated, the site is visually impaired due to obstructions and darkness, and even if the officer indicates that my speed was consistent, his radar may have issues as the cosine error at his location would have been constantly increasing thus my speed would have been constantly decreasing even if my speed remained constant.
I would like to find which statutes dictate the legal procedures for traffic enforcement as well as determine how that speed sign came to be. In every other town here, the speed sign exists ONLY at city limit mark. It is located in the county making it unlawful for the city the place the sign there unless other provisions have been granted.
The officer was only recently hired as a part time officer approx 2mo ago.
My proposed litigation hovers around the legality of the speed limit sign, if any sign reflectivity tests have been conducted, and if there is a legal requirement for the officer to observe my speed for a visual speed estimation. The officer was off the roadway 65ft and I have studied the area and determined that there are no good landmarks in which speed can be estimated, the site is visually impaired due to obstructions and darkness, and even if the officer indicates that my speed was consistent, his radar may have issues as the cosine error at his location would have been constantly increasing thus my speed would have been constantly decreasing even if my speed remained constant.
I would like to find which statutes dictate the legal procedures for traffic enforcement as well as determine how that speed sign came to be. In every other town here, the speed sign exists ONLY at city limit mark. It is located in the county making it unlawful for the city the place the sign there unless other provisions have been granted.