.... 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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