County's speed limits get a test in court case

A driver accused of speeding on a Cape Girardeau County road is challenging the 30-year-old ordinance that set speed limits on county roads.

On Monday, Associate Circuit Judge Gary Kamp will hear the case filed against Ricky A. Ross of Cape Girardeau. A Missouri State Highway Patrol trooper ticketed Ross June 23 for driving his 2001 Jeep 19 mph over the posted 35 mph limit on County Road 205.

Ross said his attorney, Daniel Finch, will argue at the trial that because the county commission didn't institute a new speed limit ordinance when the county earned a first-class designation in 1997, the 30-year-old ordinance has no authority to set speed limits.

Ross chose to challenge the limit to protect his clean driving record and to keep his insurance rates down, not necessarily to change county law, he said. But Ross does believe the current speed limit on County Road 205 is too low.

"I just don't see it," he said. "I live two miles out of the city limits, and I don't see driving 35 mph when you're out that far. On curves, yes, I could see the need for it there."

He said the trooper, Jeremy Weadon, was parked a half-mile away from the speed limit sign and was "completely hidden."

"You could call it a speed trap, I guess," Ross said.

If his attorney hadn't mentioned the issue of challenging the validity of the 1973 statute, the defendant said, he might not have taken the case to a trial.

"If this wasn't ever brought to my attention, about that there should have been an ordinance passed, I'd have probably paid the ticket and moved on," he said.

Assistant prosecuting attorney Ben Gray intends to argue at trial that the speed limits on county roads were grandfathered into current law when the county's status changed. He also plans to reference a portion of Missouri statute 304.010 that says the posted limit is to be presumed to be the legal speed limit.

If Kamp finds against Ross, the defendant could appeal to a higher court.

Prosecuting Attorney Morley Swingle wouldn't speculate on a trial outcome, but he is reviewing options for a loss.

"If we lose this, our choices would be to either go to the court of appeals or go to the commissioners," Swingle said. "My choice would be to go to the county commission and get the ball rolling on changing the ordinance. It would take less 'lawyer time' to write up an ordinance than an appeals brief."

If Ross wins, that doesn't mean there would suddenly be no speed limits on county roads, Swingle said. Another state statute sets speed limits of 55 mph without a county ordinance to the contrary.

mwells@semissourian.com

335-6611, extension 160