Man beats speeding ticket by saying sign too small

[January 16, 2009]  ELKO, Nev. (AP) -- A Spring Creek man who beat a $62 ticket has created a legal speed trap that could cost Elko County and his neighbors much more. James Killian, a civil engineer with the Nevada Department of Transportation, argued the ticket he received in April for going 39 mph in a 25 mph zone was unenforceable because the speed limit sign was too small and didn't comply with uniform traffic codes adopted by the state in 2003.

Elko Justice of the Peace Al Kacin agreed, and dismissed the citation.

Now county and Spring Creek Association employees are taking inventory of traffic signs, trying to determine how many may need to be replaced if the local jurisdictions are required to comply with the updated standards.

Killian said he wouldn't have raised the issue if he had known the unintended consequences of the judge's ruling.

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Information from: Elko Daily Free Press, http://www.elkodaily.com/

[Associated Press]

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