Legal Question in Traffic Law in Minnesota

any hole in this law?

Hi,

I got one ticket and am goign to the court to fight it.

Just wondering if anyone can help me find the hole in the following law. So, I can use this to fight in the court.

Minnesota Status 169.14 sub. 5

Subd. 5. Zoning within local area. When local authorities believe that the existing speed limit upon any street or highway, or part thereof, within their respective jurisdictions and not a part of the trunk highway system is

greater or less than is reasonable or safe under existing

conditions, they may request the commissioner to authorize, upon the basis of an engineering and traffic investigation, the erection of appropriate signs designating what speed is reasonable and safe, and the commissioner may authorize the erection of appropriate signs designating a reasonable and safe speed limit thereat, which speed limit shall be effective when such signs are erected. Any speeds in excess of these speed

limits shall be prima facie evidence that the speed is not

reasonable or prudent and that it is unlawful; except that any speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall be unlawful.

Please go to http://ww2.revisor.leg.state.mn.us:8181/SEARCH/BASIS/mnstat/public/www/SF


Asked on 1/24/05, 11:05 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: any hole in this law?

I'll let you in on an old trick. Forget researching the speed limit law. Research state highway regulations for the design and placement of signs. There's a 1966 MN decision which says all such signs have to be in "substantial compliance" with the regulations.

Figure out what the required height, setback from the street, etc. for the speed limit sign in question is - then go out with a tape measure and see if it complies. Lots of signs are not in compliance.

Assuming the sign is substantially off, that could be grounds for a motion to dismiss the charge. You probably need a lawyer to help you with that, however.

Anyhow, good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised consult the attorney of your choice concerning the details of your case.

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Answered on 1/25/05, 11:32 am


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