Wrong Speed Limit Sign in North Carolina: Is It a Legal Defense?

You’re driving down the street, and you see a speed limit sign that clearly states that you are allowed to travel at 70 miles per hour. You increase your speed, and a police officer pulls you over and gives you a speeding ticket. Even though you tell the officer about the sign you saw, he still insists that you have broken the law. What can you do in this situation? Can you work with a speeding ticket lawyer in North Carolina to address this situation?

Traffic Authorities Post Incorrect Signs More Often Than Many Realize

While this type of mistake is rare, it still occurs more often than many realize. A notable example came in 2017, when officials admitted to installing incorrect speed limit signs in a Charlotte neighborhood. In the end, authorities were forced to modify the incorrect signs with stickers, and residents were frustrated because this only occurred after weeks of complaints. 

This is a common issue in many neighborhoods, and some residents may be unsure of whether the speed limit is 30 mph or 35 mph. If you have received a ticket for driving at 35 mph in a 30-mph zone, you may have the right to contest your ticket if you can prove the posted limit was incorrect. 

Yellow Signs are Not Enforceable

Many North Carolina residents are unaware that only the black and white speed limit signs are enforceable. The yellow signs are actually “suggestions” rather than rules, and they serve only to guide drivers on the most appropriate speeds. Often, you’ll see these yellow signs as you approach curves or bends in the road. If you received a ticket and the officer pointed to a yellow sign while explaining your violation, you can probably contest the ticket. 

Understanding Default Speed Limits

The presence of an incorrect sign does not necessarily give you the freedom to drive at any speed you like. Even if you successfully establish that you passed an incorrect sign before your alleged infraction, you might have still broken the “default” speed limit. In North Carolina, the default speed limit is 35 miles per hour within town or city limits unless otherwise noted. The default speed limit outside of city boundaries is 55 miles per hour. 

For example, you might have received a ticket for traveling at 40 miles per hour. Even if you successfully establish that a nearby 30-mph sign was incorrect, you might still face a speeding ticket because the default limit in the area would have been 35 mph. 

Can a Speeding Ticket Lawyer in North Carolina Help Me?

Although this situation might be rare, the authorities have installed incorrect speed limit signs in the past. If you believe that your ticket stems from an incorrect sign, you have every right to consider your legal options and contest your ticket. You may need to prove that the sign was incorrect, and this may involve obtaining photographs and other evidence as quickly as possible. A North Carolina speeding ticket lawyer could offer meaningful assistance. Contact Coastal South Law today for more information.