I was broadsided like the letter T by a vehicle. The front of my SUV was in the parking lot when she hit me. She totaled my SUV and no citation was given to her. I have written the Chief of Police and I am wanting to find case law so I can take it to the mayor. I have found sanctions for construction zones but none for school zones? I am concerned about the children. If there is not a law there will be. Thanks
DUI / DWI Attorney
Your question does not provide enough facts to give a very precise answer here. A couple of the other questions that I have are: Was a law enforcement officer present? Did the speeder cause an accident that resulted in the "totaled car?" This seems to be a question appropriate in a "car accident" or "personal injury" category, but since it popped up in the "speeding ticket" category, I will give a brief answer about that issue.
The decision of a law enforcement officer to charge someone with speeding, that is, to "write" a speeding citation, is largely discretionary with the officer. The primary use of equipment in making this determination is a properly certified and calibrated radar gun. Mississippi's key radar gun laws are found in Mississippi Code Sections 63-3-519 and 63-3-521. However, a radar gun does not necessarily have to be used if an officer paces a speeder at a speed above the legal limit on the designated highway, road, or street.
Disclaimer: This is NOT intended to and does NOT constitute legal advice and does NOT establish an attorney-client relationship. Consult qualified legal counsel in your state for legal advice.
DUI / DWI Attorney
Section 63-3-515 Mississippi code 1972 gives cities and counties the authority to set speed limits in school zones. While the decision to issue a speeding ticket is in the discretion of the officer,perhaps the city will allow you to sign an affadavit for speeding and bring the matter into court for prosecution.
Criminal Defense Attorney
I am not exactly sure what you are asking; however, there are laws concerning setting speed limits in school zones. It is controlled by Mississippi Code Section 63-3-515:
“The boards of supervisors of counties and the governing authorities of municipalities are hereby authorized to adopt by order or resolution and to enforce within their respective territorial boundaries the maximum legal rate of speed at which a motor vehicle may be run or operated along any public street, road, highway (except state-maintained highways), or portion thereof in the vicinity of schools and churches, upon levees and causeways and in other special zones which the board or governing authorities may designate. The rate of speed so established shall be determined upon the basis of an engineering and traffic study. The order or resolution setting such speed limits may provide that such limits are only effective during specified times of the day, days of the week and months of the year.”