Kudos all around in the case of the so-called speed trap along Monterey Road between Main and Wright avenues in Morgan Hill.
As writer Tony Burchyns recently reported, a judge threw out a ticket contested by a driver ticketed for speeding along that stretch of road. The judge ruled that the speed limit on Morgan Hill’s main north-south thoroughfare was set too low near Britton Middle School.
- New speed limit, same enforcement
The speed limit was set at 25 miles per hour, and Morgan Hill police officers were using radar guns to enforce the speed limit. But because radar guns were being used, state law requires that the speed limit be set to the prevailing speed used by 85 percent of drivers on a given stretch of road. The law assumes that the majority of drivers will travel at a safe speed.
A 2005 survey of this stretch of Monterey Road showed that 85 percent of drivers traveled at 33 miles per hour. Rounding down means that the lowest legal speed limit for Monterey Road between Main and Wright avenues is 30 miles per hour.
City Council voted to change the speed limit to 30 miles per hour, in accordance with state law. Because of the presence of Britton Middle School, drivers must still travel at 25 mph when children are present.
- Checks and balances worked
We’re glad that the driver in this case challenged the speeding ticket. As citizens, we must make sure that those in whom we entrust authority are using it properly.
We’re glad that City Council corrected the speed limit quickly.
And we’re glad, as Burchyns noted, that the error was made because of a misunderstanding by city employees about the law, and not out of a desire to create a speed trap to boost city revenues.
The checks and balances that are meant to protect citizens both from unsafe drivers and from unfair law enforcement practices worked perfectly in this case.
