I am trying to come up with a strategy to prove this. States that have split speed limits use stopping distance models to justify their actions, but I can clearly prove that justification to be without rational basis. Any argument the State can give to support split speed limits, I can clearly refute, and offer empirical evidence and testimony from qualified experts to the contrary that SSL's are NOT safe. In an upcoming speeding ticket hearing, what strategy can I employ to not only beat the ticket, but have the split speed limit in that state repealed judiciously?
2007-11-30 05:20:05 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Apparently nobody read the question. The speed limit is set by the legislature, and because there is no rational basis for the limit, the limit is illegal. As far as I know, we are not required to obey laws that are illegal. What would be the best strategy to convey to the judge that the law is without rational basis and illegal, and I am not guilty by way of it?
2007-11-30 05:44:14 · update #1
what exactly do you mean by split speed limits? Im not a idiot I just never heard the term. Stop ranting I hate traffic court too! I have beat many tickets(assisted by a lawyer) but know a thing or two PLEASE DEFINE SPLIT SPEED LIMIT
2007-11-30 05:23:52 · answer #1 · answered by Kikki 4 · 0⤊ 1⤋
I don't know what a split speed limit is, but it seems to me like you're just making a lot of noise to get out of a speeding ticket. This is the type of question you would normally ask your attorney, but since you're here, I would assume that no attorney would take your case or agree to waste time trying to prove that the state, and not you, broke the law. That should tell you something.
EDIT: "Apparently nobody read the question. The speed limit is set by the legislature, and because there is no rational basis for the limit, the limit is illegal. As far as I know, we are not required to obey laws that are illegal. What would be the best strategy to convey to the judge that the law is without rational basis and illegal, and I am not guilty by way of it?"
First of all, that wasn't in your question. I read it pretty well and it didn't make any sense the first time. Of course, now that you've explained it, it still doesn't make any sense.
There is no such thing as an "illegal law." There's an unconstitutional law, but your opinion as to the "rational basis" of a speed limit is not addressed anywhere in the Constitution. In other words, irrational laws get passed every day, they're still laws, and they are still enforceable and legal, and you are absolutely required to obey them. Assuming that you could convince a judge that the speed limit is without a rational basis (which is doubtful), that doesn't make it unconstitutional (i.e., unenforceable), and it still means you're guilty. The vehicle code is pretty specific.
Face it, dude, you were speeding and you broke the law. Just pay the fine. If you take that wack argument to court, the judge will probably give you an extra fine just for wasting the court's time. Nice try, tho.
2007-11-30 05:28:10 · answer #2 · answered by Hillary 6 · 2⤊ 0⤋
So in other words, you were driving a truck subject to the lower limit and were speeding. It's not like there is some freedom to speed in the Constitution. You broke a duly passed law that is a valid part of the state's responsibility to govern traffic conditions.
Pay the ticket. If you want to try to get the law repealed, call your state representatives. The courts can't do anything about something like that.
2007-11-30 05:28:38 · answer #3 · answered by thegubmint 7 · 1⤊ 2⤋
Wow, you irritated me just reading that -- I can only imagine how the judge will take it when you not only try to get out of a ticket but repeal state law all at a traffice hearing.
If it's posted - that's what the law is - if you were over that, then your guilty. Want to get the law changed - good for you. Once it's change then you can go whatever the new speed limit is --- but until then.....you broke the law, pay your fine.
2007-11-30 05:24:21 · answer #4 · answered by Susie D 6 · 2⤊ 0⤋
The state will only abide by the current law in place. So as for this instance it may be difficult to beat this ticket. However, if you are serious, continue the fight through the correct channels. I know I didn't exactly answer your question. I have attempted to fight a ticket on similar grounds. The courts answer: Do you plead guilty or not guilty. My answer: I had to do it in order to not hit the car parked illegally on the side of the road. Yeah, it sucked.
2007-11-30 05:25:23 · answer #5 · answered by Lady 3 · 1⤊ 0⤋
Look it's just easier to admit you're wrong and plea for no points. That will be the most beneficial to you. Arguing that SSLs are unsafe 'could' be an option. But you'll have to be found guilty by the current court and then appeal to the higher court. In the meantime you'll still have to pay the fine.
I would check the attitude at your front door, get into an ***-kissing mode, and really act like you're sorry. Pride will just cost you a lot of money in insurance.
Let me repeat that:
Pride will cost you a lot of money in insurance.
It's not worth it. Plead as much as you can to have the judge spare you the points. Even plead that you can't possibly afford the insurance if necessary. A little ***-kissing will save you thousands of dollars.
2007-11-30 05:39:05 · answer #6 · answered by Sithlord78 5 · 1⤊ 1⤋
If there is not any different site visitors on the roadway you would be able to trip as some distance below the cost cut back as you like. you would be able to draw the attention of the government who WILL end you to ask why. notwithstanding, while you're impeding the traditional pass of site visitors you would be noted for doing so. there became right into a case in 'cottage us of a' right here some years back. a community resident who became into miffed at Weekend Warriors dashing up 'his' highway began up the line on the top speed cut back until he had 10-12 vehicles lined up at the back of his motor vehicle. somebody used their cellular telephone to touch the Police and he became into pulled over and ticketed for blockading site visitors (even nevertheless he became into doing the cost cut back) - and he became into stumbled on accountable. maximum jurisdictions do no longer point out a minimum highway speed on their signage. They anticipate that a guy or woman will workout hassle-unfastened reason to make certain their 'superb speed'. And in the event that they can't try this - then they could desire to renounce their motive force's license.
2016-10-18 09:58:28 · answer #7 · answered by ? 4 · 0⤊ 0⤋
If you were exceeding the speed limit, you won't beat the ticket. To have a law repealed, it takes more than one day in traffic court. You have to go through the legislature. You're in way over your head.
2007-11-30 05:24:25 · answer #8 · answered by DOOM 7 · 2⤊ 1⤋
Well to get it repealed, you will have to right your state congressmen and ask them to pass a bill getting rid of split speed limits.
To get it found illegal, you will have to appeal the case to a higher court and have your lawyer be able to prove that split speed limits violate some sort of constitutional law.
2007-11-30 05:33:01 · answer #9 · answered by Kenneth C 6 · 2⤊ 1⤋
Speed limits are only effective if the person behind the wheel obeys them.
Personally, I don't want someone doing 120 MPH through a neighborhood or through a school zone.
Remember, driving is a PRIVILEGE that can be taken away from you for being a dangerous, careless retard on the roads.
2007-11-30 05:27:23 · answer #10 · answered by Anonymous · 1⤊ 3⤋