Help me settle an argument with a buddy of mine:
He says it is legal under the Basic Speed Law to drive faster than the posted speed limit if conditions are ideal (no constructions, dry roads, unlimited visibility, etc.).
I say the Basic Speed Law is only for non-ideal conditions, and the maximum posted speed limit is for ideal conditions, and, legally, you are not allowed to go over this for any reason.
Which side is right?
2007-03-29 03:44:05 · 8 answers · asked by Mutt 7 in Politics & Government ➔ Law & Ethics
The posted speed limit is the law, to exceed this under any conditions will subject you to a ticket. The basic speed law is a catch all, and does consider such things as condition of road, weather, night, ect.
2007-03-29 04:23:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Tell your buddy you win!!!
The speed limit is that maximum safe speed for the best of existing conditions. This means that if it's raining or snowing, etc, the posted limit could be too fast for existing conditions.
If a person was driving under less than exceptional conditions, even though doing the posted speed limit, they could STILL be issued a citation for "excessive speed for existing conditions."
The misconception that "you are allowed up to "X" number of miles per hour over the limit" is too often an excuse heard by many officers.
This dates back to the days where older cars had uncertified speedometers or stretched speedometer cables that made the violator unaware of their actual speed. There were also cases where some "rookies" were writing tickets for infractions of 1mph over the limit. This is a bit ridiculous as there has to be some margin of error to be considered.
A judge will find you guilty if you are exceeding the limit because that's the law!
Most officers will "give" a few miles over the limit, however, that's the exception...NOT the rule!
Best wishes!
2007-03-29 04:04:31 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
The posted speed limit is exactly that: THE LIMIT. Under less than ideal conditions, such as construction, weather, etc., the Basic Speed Law, or as Illinois calls it, Speed Greater Than Reasonable, or Too Fast For Conditions, applies, which means that even if you are driving at or under the posted limit, it is too fast for the conditions of the road.
2007-03-29 04:07:59 · answer #3 · answered by stephen p 4 · 1⤊ 0⤋
The SPEED LIMIT is exactly that. I was in law enforcement for a number of years, and I can tell you I have heard this argument over and over again. Simple answer.......you don't want a ticket, don't go faster than the number on the sign.
2007-03-29 03:52:14 · answer #4 · answered by Bill in Kansas 6 · 1⤊ 0⤋
The speed limit is just that a limit....it is a hardline rule. One mile per hour over i perfect conditions is eligible for a ticket.
2007-03-29 15:24:35 · answer #5 · answered by Dr. Luv 5 · 0⤊ 0⤋
You are. I had a friend that tried to use this same argument and he lost in court.
2007-03-29 03:52:37 · answer #6 · answered by ? 7 · 1⤊ 0⤋
it depend on which state you live in.
in some states it is ok to go 5mph over on community streets, 10-15 over on highways. some you can get busted for going 1mph over
2007-03-29 03:52:58 · answer #7 · answered by firephotodude 3 · 0⤊ 1⤋
your friend is correct
2007-03-29 03:53:39 · answer #8 · answered by Anonymous · 0⤊ 3⤋