On Sunday, May 15, 2011 at 2:00PM approximately. As we were leaving town from a residential street (we stayed the night in Beatty), we stopped at the intersection and proceeded on HWY 95, south out of town. There were no speed signs at all! Then the sheriff (Highway Patrol?) lighted us up and pulled us over as we approached the first 25mph sign. He lit us up before any infraction happened. He was courteous but said we were traveling at 37 mph, but he wrote us up at 28 mph. Interestingly enough, we could see the 35 mph sign 100 – 200 ft away. There is no doubt that we were driving very safely and that there was no notice about the speed limit.
What else could it be than a classic speed trap? According to the Federal Highway Administration, Signs, like any other traffic control devices, must meet certain requirements. Among them is the requirement that signs “Give adequate time for proper response”. It further stipulates that “the posting of such signs has to be proven in order for the lower speed limit to be effective. If there is no evidence that signs were posted, the maximum speed limit controls.” If the state or local government’s attempt to comply with posting requirements is not reasonably likely to give actual notice to drivers of the lower speed limit, the lower speed limit will not be enforced.
The unfortunate situation about this obvious revenue method for the local community is that Nevada does not permit a written Trial by Declaration, so one must physically go to court in Beatty to fight the ticket.