Police Officer Preparation & Law Enforcement Resource - Archive

Is it legal for an officer operating stationary radar in a 55 mph zone to clock drivers in a 45 mph zone?

Yes.

Why would it be illegal? Do you mean you were given a ticket for 45/55? Going well under the speed limit is as illegal as going well over and can be just as dangerous.

Why would it be illegal? Do you mean you were given a ticket for 45/55? Going well under the speed limit is as illegal as going well over and can be just as dangerous.
I wish that was true here, due to this being a farming state and we often have farm equipment using major roads to move back and forth we have no minimum speed limit. However, we can write for hindering traffic if that's the case. Just not to the farmers.

We have a lot of slow moving vehicles (SMV) as well. As long as they have their SMV placard they are good to go.

If someone is doing 15 under the limit then they are getting stopped. That's a good DUI indicator.

Example: You are driving in a 45 mph zone just after leaving a stop light intersection. You are approaching a 55 mph road sign. The officer is sitting well inside the 55 mph zone after you pass the 55 mph sign. He comes after you and writes you a ticket for 58 in a 45 mph zone, saying he clocked you at the crest of the hill before the 55 mph zone. Speed Trap?

The Officer is good to go. He can sit in any speed zone and run RADAR in any speed zone.


Speed trap? Nope. The speeds were probably clearly marked. He got you at the crest of a hill? SO you were going uphill? Seems like a good stop to me.

Example: You are driving in a 45 mph zone just after leaving a stop light intersection. You are approaching a 55 mph road sign. The officer is sitting well inside the 55 mph zone after you pass the 55 mph sign. He comes after you and writes you a ticket for 58 in a 45 mph zone, saying he clocked you at the crest of the hill before the 55 mph zone. Speed Trap?

He observed you speeding in the 45 zone. Doesn't matter where he is at. All matters where you are at.

Nope no speed trap. Speed trap would be the speed limit would be something like 35, a mile later its 55, then 100 feet later its 25 or 35. Speed traps in this day and age, with the courts and lawyers, are pretty RARE.

Tickets suck, but just take it as part of life. A ticket really isn't THAT big of a deal so...

Speed kills. Thats why police enforce it. 10 over won't get you much further any faster anyway.

Just take it as a learning lesson, and pay the ticket. Not worth fighting tickets.

As in the movie Forest Gump, Sh!t Happens! :p

Good luck in the future :)

Absolutely not, I would challange it in court.

I have written a number of "driving too slow" tickets over the years. In NY, you need to articulate that it impeeded with the normal flow of traffic, causing a dangerous condition. The ones I wrote were all on limited access highways and the few that fought them were found guilty.

I am surprised more of these offenses are not showing up today, with the advent of cell phones. I can't tell you how I wish I had my summones book back (detective now), I'd have a field day:).

Would you define and advise of the legal definition ( not your own) and the " illegality " in your state of a speed trap ?

You were either speeding or you weren't. PA State Police even use aircraft to do speed enforcement , I suppose you would somehow claim that where they were " sitting" there was no speed limit ? !

Would you define and advise of the legal definition ( not your own) and the " illegality " in your state of a speed trap ?



By catching him in a way that wasn't 'sporting'.

I didn't say I wasn't speeding, I was running 58 when he clocked me. I just thought I was in a 55 mph zone because after you go through the light, you see the 55 mph sign. He was sitting below the 55 mph sign well within the 55 mph zone. What I did not realize was I was still in the 45 mph zone and coming into the 55 mph zone. He was in the 55 mph zone clocking me coming out of the 45 mph zone. But, from what I'm reading from all the posts, it does not matter. And yes, where he was sitting, there was a speed limit, 55 mph. Sitting inside the beginning of a 55 mph zone, clocking people coming out of the end of a 45 mph zone, (we're all seeing the 55 mph sign here), I guess this would be a "Target Rich Environment" for the officer simply because most people are going to see the 55 mph sign and begin accelerating to reach the speed limit. I guess 58 in a 55 is speeding and 58 in a 45 is speeding, so be it.

I don't speed up until I "hit" the sign!!!!! You should just do the speed limit and this wouldn't have happened!!!!! Like others have said, its leagal pay the ticket and be done with it!

I didn't say I wasn't speeding, I was running 58 when he clocked me. I just thought I was in a 55 mph zone because after you go through the light, you see the 55 mph sign. He was sitting below the 55 mph sign well within the 55 mph zone. What I did not realize was I was still in the 45 mph zone and coming into the 55 mph zone. He was in the 55 mph zone clocking me coming out of the 45 mph zone. But, from what I'm reading from all the posts, it does not matter. And yes, where he was sitting, there was a speed limit, 55 mph. Sitting inside the beginning of a 55 mph zone, clocking people coming out of the end of a 45 mph zone, (we're all seeing the 55 mph sign here), I guess this would be a "Target Rich Environment" for the officer simply because most people are going to see the 55 mph sign and begin accelerating to reach the speed limit. I guess 58 in a 55 is speeding and 58 in a 45 is speeding, so be it.

Doesn't matter where he is at. The speed limit doesn't change until you reach the sign. Same thing with a town. Your not in that town till you reach the ABC Town Limit. I know what you mean though.

The same scenario can be placed for jurisdictions. (For here at least)


Lets say you are traveling in "Floral", and lets say I'm a Floral Police Officer. The town next to me is Burt. I can sit right at the line, even in the town of Burt (depending on department policy etc) a bit and as long as I observed you speeding in my town, I can pull you over still...even in Burt.

You were speeding and thats all that matters.

Did he write you for the full?

He can run radar on any public street or highway regardless of speed limit

58/55 is not a ticket , 58 in a 45 is. BIG difference.

Was he wearing his hat?