On September 5, 2013 at 2:36PM I was pulled over for going 48 in a 35 School Zone. My area of concern is with my knowledge of the speed limit, being where the exit to the school is located. The road I turned left onto is typically a 45 MPH road, but turns to 35 during certain hours. The problem is, the signs that indicate when the road is turned to a 35 MPH zone are placed further down the road to the left and right of the exit and face to the oncoming traffic. That being said, how was I suppose to know that the road was currently a 35 MPH zone when I had no indication that was the case?
Typically, you are responsible for knowing the applicable laws wherever you are. However, when dealing when school zones (and other types of special traffic zones, such as work zones), the relevant statute specifically says that the lower speed limit is only effective if signs are posted giving the appropriate notice. If the state has erected the signs in such a way that you did not have a chance to see them before being pulled over, you may have an argument that you are not guilty because the state didn't provide you adequate notice of the speed restriction. (Well, you'd still be guilty of 48/45, but that's a different matter.) The statute only requires that notice be posted, not that you had ACTUAL notice, so there's some ambiguity there.
Either way, so long as your prior driving record isn't too bad, there should be a way that you can handle the ticket (whether it's 48/35 SZ or just 48/45) that will prevent an insurance increase. You should consult with a local attorney here in Wake County to determine the best way to proceed.
I agree with Mr. Blau. I will also add that inside incorporated towns/cities in NC the speed limit is always 35 unless posted otherwise. So to maintain this defense, you will also have to show that you can cite to a speed limit sign that says 45 in the area.
While you have a good argument as a practical matter it's generally much less expensive to just deal with the ticket and move on. My office handles school zone tickets and can help fight the ticket in a way that will not lead to DMV points or an increase in your car insurance premiums. You can contact me through my attorneyqna.com profile for a free consultation.
