Going under a bypass and about to merge onto a major freeway, I saw a trooper on the shoulder. I continued on past him and he proceeded to follow. I saw him in the rearview mirror and just as I looked up he flicked his lights on .. D@#$%^&!!!!!!
We pulled over in front of a mechanic shop and mini grocery store.
With a very stern look on his face he asked me for license and registration. He had not told me why he had pulled me over and this began to make me a bit nervous. I kept my hands on the wheel and told him I am going to look in my purse. That’s fine ma’am he said. While I searched, he slightly leaned into my car and looked around. My toddler got nervous. “Who is that mommy?” she began to cry,”.. why is he looking in our car.” He lightened his look and proceeded to tell my daughter who he was.
I asked,”.. what was I pulled over for.”
He pointed at the bypass and said ,” Ma’am were you aware that you were speeding?”
“No I said.. the sign said 55mph, I had not gone over that….”
“Well you’re suppose to slow down to 35 on the lane that goes onto the bypass. there are speed limit signs… Is there any reason you didn’t do that?”
By now I found my ID and insurance and gave them to him. He didn’t really seem interested in my response. He left my car and went to his. He stayed gone for a few minutes.
When he returned, he said everything checked out. ( Thank God, I had just moved and pride in my new residence was the only reason I had my new address placed on it.)
He then asked me the question again. I nervously responded, ” I just came from the U- turn, merged from the surface street (feeder lane) onto the bypass that both had a speed limit of 55mph…. ”
He scowled, interrupted and said the street’s speed limit was 35mph.
” I timidly asked where was the sign for that, did I by chance miss it? ( Where the surface street ended at an intersection, cross traffic was indicated at 45mph. I thought I had missed a sign…)
The small street was not even the length of 2 neighborhood blocks. There were only four signs; a stop sign, (2) 55mph signs and a freeway sign. I was on my way to film a game for work… and was armed with my camcorder, my camera and my cell phone ready. If there was going to be a ticket issued.. I was prepared to get more than enough visual evidence for my case.
The cop looked over at the street to study it. As he looked he said, “… that everyone else had slowed down as they had seen him on the side of the road. I pulled you over because you picked up speed. ”
I said, “I just came out of the u-turn and picked up speed as indicated by the sign. The bypass indicated 55 mph. The street signs on both sides of the road indicate 55mph. ”
He crossed his arms and leaned onto my door. My daughter had started to whimper to the point she was crying.
“Its okay sweetie,” I said. ( No, really it wasn’t. A frowning stranger was leaning and peering into our car.)
By now the ‘simple traffic stop’ had attracted some on lookers. Three older mechanics came out of the repair business and stood at their door front.
” Yeah, its okay”, he smiled. He told me that the street was supposed to be 35mph (even though it indicated 55mph) and that he was going to let me off with a warning.”
He left the car with an odd look on his face. I waited for him to clear the parking lot first. The men, watching from the store front, seem to be waiting for him to leave, too. When the unit left the lot, the men had gone back inside. I calmed my daughter down. There wasn’t an answer I could give her that made that incident less intense for her or me. I always tell her don’t do anything that will make incidents like this happen.. I guess mommy will have to alter what she says.. maybe somewhere along the lines that stuff, like this, is unavoidable… ???
First thing I did when I got to my destination was review the laws for signage and learn more about being stopped. After talking about the stressful incident, I was encouraged to speak to other officers for an answer.
All I could find to confirm what I remembered from driver’s ed was: the law regarding statutory speed limits in unmarked areas. 30 mph in an urban district Tran. Code §545.352(b)(1). When there is no sign indicated drive 30mph on the surface roads and 55mph(nite) and 65mph(day) on highways. (source – nhtsa.gov)
The constable I spoke to was a friend and he called me when he heard about the matter. He was understanding and informed me that the pull over really should have not occurred, but you never know what may have happened to warrant the reason for pulling over your make and model… his equipment could have even been malfunctioning..etc. If we eliminate what we don’t know and stick to what we do know… He said he knew the area and the only way the speed limit would see 35mph is if there was a sign indicating it. There is more than enough signs to make it clear that 55mph is the posted speed limit. If there was not a sign present, then you have to travel at 30mph. My source further explained if cops have made this a popular traffic stop point then its just best not to feed the beast…and avoid the area. There were other routes to resolve the matter but he said choose your battles wisely… chalk it up to experience and move on. You probably could advocate it…but you will have to choose whether its worth your time and frustration.
In the days after the minor incident, construction had forced more drivers to frequent the area. As a result, two units were placed there to catch more drivers, that were ‘speeding unaware’. Another unit was hidden under the U-turn. Other drivers that were stopped did have the time and resources to pursue the matter. There are plenty of new and old affluent neighborhoods in the multiple bordering small towns. Before the diverting construction was finished, 3 more signs posted on the surface road. The 55mph sign had been moved onto the bypass lane k-walls, a 35 mph exit sign had been posted on the shoulder and an intersection warning sign was posted. The two cops that had been posted were removed and re-posted to the school zone on the other side of the freeway. Apparently, this area rarely sees action. The cops sit for hours watching 25mph traffic. During breakfast, you could sit at the local diners and watch them not move for hours. And after all, isn’t that the way it is suppose to be..fair cooperation to prevent traffic violations…
” Gee, I’m sorry officer, I didn’t know I couldn’t do that…” – Dave Chappelle, comedian.
Being pulled over with your child in the car is about as fun as having your teeth pulled without benefit of painkillers. I try to remember they are doing their job.. however the best plan is to stay off their radars to begin with and having a plan that will decrease chances of further contact. From various Nolo law org sites, its likely you will encounter an armed officer with high emotions and you don’t want to unwittingly light the fuse to a powder keg. On an optimistic point…being informed and exhibiting self-control can contribute to hopefully improved service in the future and decrease the incidences that more than likely wind up in the media.
SuburbanBlues 