Thursday, January 31, 2013

My Day In Court

Okay, let's stop pretending... speeding tickets have little if anything to do with 'public safety' and everything to do with raising revenue for the police state. I am not talking about reckless endangerment or someone traveling at a rate of speed that is well beyond the flow of traffic. I am talking about going a few miles over the posted speed limit and being pulled over and ticketed as if you were a danger for exceeding an arbitrary and ridiculous minimum speed limit set by the state in order to raise money to further their useless and heinous existence.

People for the most part drive with the flow of traffic and stay within a reasonable and safe speed based on road conditions, weather, time of day and other factors. This can be observed on any given day while driving around town. Except for the occasional lunatic, traffic moves at a fairly common and prudent speed. So with exception for the occasional reckless driver, speed limits are set by the drivers and most people will only drive at speeds that are within safe and prudent speeds. This however is in no way in relation to the ridiculous and low speeds set by the state in order to raise revenue.

If the posted speed is 45 this really should be an average safe speed that could carry an upward or downward departure depending upon time of day, weather and road conditions. This is already true as it relates to downward departures of the speed limit. If for example it is dark and raining and visibility is very low and you are in a posted 45 MPH speed zone, you could be ticketed for driving 45 MPH. This is what is known as 'driving too fast for conditions' and even though you were not driving faster than the posted speed, you were supposed to have used your own judgment in determining that 45 was too fast for the current conditions.

Since it is up to us to use common sense to determine when we should exercise a downward departure of the speed limit, shouldn't the same hold true for an upward departure when road conditions are such that driving 5 to 10 miles over the posted speed would still be considered safe and prudent based on those conditions?

This was to be one of the many arguments that my attorney would use in court.

So begins my adventure...

No comments: