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.... Under New Mexico law, the default speed limit is 75 MPH, with particular statutory limits set in residential neighborhoods, school zones and business districts. The posting of a lower speed limit requires "an engineering survey and traffic investigation, a detailed report of which is filed with the traffic safety bureau of the state highway and transportation department." Tarin insisted on seeing the study that set the 45 MPH speed limit that got him into trouble, arguing the report is an essential element of justifying a speeding charge.
The three-judge panel was not sympathetic to this line of reasoning....
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