BCAT News

A Woburn man is suing the and a Massachusetts State Trooper pulled him over going nearly 100 miles per hour on Route 3 in Burlington and is alleging the current speed limit of 55 miles per hour on the highway is illegal.

Mikhail El-Bayeh, of Woburn, received a speeding ticket on July 26, 2018 for going up to 96 m.p.h. that he has been fighting, unsuccessfully, in court ever since.

El-Bayeh has also not eased up on the gas pedal. Earlier this year he received another ticket, this time for doing 72 on Route 3, and is suing the trooper in federal court in Boston alleging his civil rights have been violated.

He contends that state highway law requires the Massachusetts Department of Transportation (MassDOT) to take into account highway conditions when setting a speed limit that is more in line with how fast people normally drive on the road. He says most drivers exceed 70 miles per hour so the state should set the limit at that or higher. He also argues that Route 3 was set at 60 miles per hour before the 1974 mandate from the federal government set all highways at 55 in the face of gas shortages. He said since this rule was repealed decades ago MassDOT should repeal the special speed restriction on the road.

According to Universal Hub, who wrote about the case late last week, El-Bayeh is asking a judge to order the state to change the speed limit and “grant him whatever damages the judge sees fit.” This could be a return of any funds he paid on the tickets but he acknowledges that he never paid either fine.