A friend received a citation for speeding in a school zone recently established. The lights have not yet been set up. He wants to pleed guilty for going over the spped limit but it was a genuine oversight. Can he go to Court, pleed guilty but request a waiver since they had no lights set up as yet?
Are there signs posted about reduce speed? It doesn't matter if the light isn't there blinking if there are signs posted. The lights are more of a warning, because most signs do already give the time.
Were ther signs posted for the school zone? If so, he will not get a waiver. They should have signs posted for the school zone if there is not a light warning.
I am confused. Was the speed zone sign up? What speed limit did he exceed?
What I mean is if there were signs saying it was a school zone and the speed limit is this during these hours then it doesn't matter if there were lights. If he was speeding above the posted speed limit and there were no signs showing it was a school zone then that charge wouldn't stand. You can't be charged with what you had no way of knowing about, ya know?
Take pictures of the area where he got a ticket showing no signs as proof.
It's possible. He may need proof the lights and school zone posting were not set up yet. Are there any there now? If not, he needs to go and take photos. If there was a zone posting with times he is still likely liable whether there are lights or not.
I would go to court in any instance.
If the lights were not flashing the school zone was not in effect.
If the signs were up that said "School Zone XXmph" (that is a 24 hr. a day thing by the way) or it they said "School zone XXmph between Xam and X pm" then it was an active school zone if it was that particular time of day.
If there were no signs at all then it was not a school zone yet.
At least in MA a school zone does not have to have the flashing lights if it does not have lights it's considered 20 mph while children are present. He should just suck it up and pay the fine.
