Questions tagged [prima-facie-speed-limits]

In some jurisdictions, driving faster than the speed limit is only the prima facie evidence of unreasonable speed, where one could argue in court that the speed was safe.

In the United States, according to a summary provided at http://www.mit.edu/~jfc/laws.html#mixed (and meta), out of 52 jurisdictions:

  • there are 3 where all speed limits are prima facie,

  • 39 where all limits are absolute,

  • and 10 where there is a mixture of the two.

In Rhode Island, Texas, and Utah driving faster than the speed limit is prima facie evidence of unreasonable speed. One can argue in court that one was exceeding the speed limit but should not be convicted because the speed was safe

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Is following the flow of traffic a valid speeding defence in Texas?

As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that the speed is not reasonable and prudent and that…
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Can I ask potential jurors in a prima facie state if speeding is legal?

In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's…
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Speed Zone Studies and 85th Percentile Speed in Texas

If you have a speeding ticket in Texas, how exactly could a Speed Zone Study help to defend against the citation? If the ticket says, for example, 80 mph in a 70 on an interstate (which is the lowest possible citation in a 70 zone, according to an…
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Do cities and counties in Texas have to set the speed limit to the 85th percentile?

When a city or county in Texas builds a new road or substantially changes an existing one, for instance changes a 2 lane road to a 4 or 6 lane road, does the state require them to do a speed study and set the speed limit using that study? Or can…
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