school zone blinking lights

A relative of mine got pulled over doing 30 in a school zone (15mph). The lights weren't blinking as they normally do when school is starting or letting out, as this was around 11am. School was in session. She said the lights weren't blinking, cop still gave her a ticket.

She asked me whether she should fight it or take the 2pt reduction of 'disobeying a traffic control device'. I looked at hte sign and it says '15mph from 7am to 6pm when school is in session'. According to this wording, she is technically guilty and therefore has no real grounds to argue, lights flashing or not, and therefore I told her to take the plea bargain and deal with it.

Just wanted to double check though, are hte flashing lights just to get drivers' attentions during the most dangerous hours, or is the extra slow speed limit only in effect when they are flashing? This is in NY by the way.

I don't know NY law at all, but with the signage there, it seems like an ironclad case.

However....

It might be argued that the times on the sign weren't large enough to be seen/read while driving, depending on the actual size, and that since it couldn't be read the driver thought it was only during school start/end. As always, a good idea to show up for court - if the letters are small and you have a picture. If it's a huge sign I'd say pay the fine and take the 2 points.

:2cents:

In OHIO:
Sign states 20 mph During restriced hours, but the judge pointed out to me that the "law" also read that there must be an apperant danger to children, Im like WTF does that mean. He says if there were No children in the area IE all in class none outside there is no apperant danger, there for he would not accept the ticket.

I know your in NEW YORK and all laws are differnt but this is something you might want to look at

If there are children out in plain sight (getting out of school), then it's kinda obvious that you should go the school speed limit. BTW, it was probably the a.m. kindergarten letting out, the flashing lights are times for before school and when the full day of school (all other grades) let out.

She took the 2pt disobeying a traffic control device, but at least talked the DA out of fining her as well. So I guess that is the best she could have gotten. Thanks guys.

If its posted on the ign, and she broke the rules, thers nothing you can do.

There actually is a lot of "grey area" here in NY when it comes to laws and regulations concerning speed zones and enforcement for schools. Our local news did a story awhile back and it seems that each town/village/city's police dept has their own interpretation if there is no signage present as to when the speed zone is in effect. Some can give you a ticket at 6 am, or 9 pm even though most signs say 7am to 6 pm.(where posted.) Their reasoning is that most of the time at schools there are children present, whether it would be on the playground, an after school event, or some other reason. One cop was interviewed saying that it won't hurt you to slow down to the 15 or 20 mph limit for that short of a distance at any time of the day ( even weekends.)

Check teh dates and read the posts. She settled a month ago.