MADISON, Wis. (AP) ? A Wisconsin appeals court has tossed out a Superior man?s speeding ticket because a tree branch blocked the speed limit sign.
Police in Superior issued Justin Bachinski a $175 citation in June 2012 for traveling 34 mph in a 25-mph zone. Bachinski argued a branch obscured the speed limit sign and the Manual on Uniform Traffic Control Devices says signs can?t be obscured by shrubbery. Attorneys representing the city countered the manual?s provision is a recommendation, not a requirement. A Douglas County judge sided with the city.
Bachinski argued on appeal that state law says traffic code provisions can?t be enforced if a sign isn?t legible enough to be seen. The 3rd District Court of Appeals ruled Tuesday the sign wasn?t legible.
The city?s attorney didn?t immediately return a message.
Source: http://wislawjournal.com/2013/06/18/the-tree-branch-did-it-appeals-court-tosses-speeding-ticket/
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