School Zone in Wisconsin

This is a discussion on School Zone in Wisconsin within the Traffic Law Questions forums, part of the Legal Questions & Answers Forum category; Let me first explain what happened: I was pulled over in a School zone going 27 mph. The normal speed limit of this road is 35 mph. There are signs ...

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  1. #1
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    School Zone in Wisconsin

    Let me first explain what happened:

    I was pulled over in a School zone going 27 mph. The normal speed limit of this road is 35 mph. There are signs in the school zone that said the speed limit is 15 mph "WHEN CHILDREN ARE PRESENT." They have flashing amber lights on them to let you know this is a school zone. I was pulled over just before 7:00 am. Classes at this school do not start until 7:40 am. The building itself does not open until 7:15am at the earliest.

    Here are the facts:

    I was not going any faster than the people in front of me.

    There were no children in sight, the officer knew this because I asked him about the sign and he said he was citing me because the croosing guards were present.

    I looked up Wisconsin state statute 346.57(4)(b)2 (what I was cited for) and it states:
    Fixed limits.In addition to complying with the speed restrictions imposed by subs. (2) and (3), no person shall drive a vehicle at a speed in excess of the following limits unless different limits are indicated by official traffic signs:

    (b) Fifteen miles per hour when passing an intersection or other location properly marked with a "school crossing" sign of a type approved by the department when any of the following conditions exists:

    2. A school crossing guard is within a crosswalk at the intersection or the other location or, if no crosswalk exists, is in the roadway at the intersection or the other location.

    The crossing guard was not within the crosswalk at the intersection at this time, because if he was, I would have hit him.

    The signs DO NOT say "Speed limit 15mph when lights are flashing."

    If I were to show up in court for this ticket, does anyone believe I would have a fighting chance?

    Oh yes, one more thing, I am Asian. You would think that in this time and age that wouldn't be a factor, but one of my coworkers said he saw another asian get pulled over in the same spot two days after I did.

    Last edited by chancechang; 03-07-2012 at 08:25 PM.

  2. #2
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    If the yellow lights were flashing, they clearly indicate the period of time when children are progressing toward the school. You are free to argue that you did not see any children, however, all the officer needs to do is testify to one. The presence of the crossing guard also indicates it is a period of time when children are going to school. Could it possibly be as you are Asian, you associate with other Asians, from that area, where the police enforce the law strictly, Hmmmm. Or possibly only Asians in that neighborhood feel they can ignore the flashing lights?

  3. #3
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    I do not thing you have would have a strong case. It appears you violated section #2 because the guard was there.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  4. #4
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    Quote Originally Posted by Disagreeable View Post
    If the yellow lights were flashing, they clearly indicate the period of time when children are progressing toward the school. You are free to argue that you did not see any children, however, all the officer needs to do is testify to one. The presence of the crossing guard also indicates it is a period of time when children are going to school. Could it possibly be as you are Asian, you associate with other Asians, from that area, where the police enforce the law strictly, Hmmmm. Or possibly only Asians in that neighborhood feel they can ignore the flashing lights?
    I am not from the area, but I have heard stories about this area. Plus, it is a very busy street and it's hard to believe that Asians are the only people that are driving this fast. As I stated before, I was driving along with traffic in a group of cars. I was not the only vehicle going that fast.

    The law clearly states that the speed limit is enforced when the "crossing guard is within a crosswalk at the intersection." Again, he was nowhere near the crosswalk. He was sitting in his car parked in the parking lot next to the crosswalk.
    Last edited by chancechang; 03-08-2012 at 12:12 PM.

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    You can try to fight the ticket but ultimately, it depends on what the officer testifies to and whether the judge believes his word over yours. If the officer admits to everything that you said, you may be able to get out of the ticket.
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    Most of the times it depend upon the enquiry officer, so always behave nice with the enquiry officers.


 

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