Those motorists who decide to fight their Speeding tickets face an uphill battle. As is generally the case when a person’s ability to protect his interests will ultimately depend upon a swearing contest with a police officer, the deck is already stacked heavily in the officer’s favor against the motorist. For starters, the traffic citation is considered prima facie evidence of the facts stated therein.
The path of deceit though easily begun, is difficult to exit. Those police officers who are in cahoots conceal the evidence of the phony signs to grease the skids for false testimony and gain an unfair advantage over motorists. The police officer easily makes his prima facie case as to reasonable and proper speed when he testifies that the motorist exceeded the posted speed limit sign – even though the sign is founded on a lie.
In the improbable event the motorist gets wise to this deception, he must still argue both the fact that speed limit sign is phony and the law that it is unenforceable. Far more likely, neither the motorist nor the court suspect foul play, and they are both defrauded. They almost certainly take the speed limit sign at face value, and never doubt it is enforceable. The court finds the motorist responsible for Speeding, and issues a fine.