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.