12-10-2011, 05:36 PM
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#61 (permalink)
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Master EcoModder
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Quote:
Originally Posted by wdb
The latter is good, the former maybe not so much. But then perhaps I've been pulled over by sniveling power freak jerks in uniform too many times.
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It's tough. I think that, in terms of the public opinion of law enforcement, there's more there that what meets the eye. The cops you encounter may very well be the ones you describe - but you may never meet the kind of officer who is willing to take a bullet to stop a bank robber and is truly dedicated to serving the public.
But it's no surprise that there will be a variety of people, both good and bad, in any career field.
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Keep us posted Dave. I hope that at the very least your honesty gets you somewhere. It's not terribly unlikely that they'll offer a plea bargain before the actual hearing, but if you principally believe that you were lawful, I understand that you may find that to be a concession.
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12-10-2011, 11:58 PM
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#62 (permalink)
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I suggest going the local library and getting a copy of the traffic statutes and see just what all you can find to back your case and make copies of it. There are still some very old and some conflicting laws on the books in some states. I read some of them a few years ago in a newspaper article and in some state there was still an old law on the books somewhere that stated any motor vehicle within the town had to be led by a man on foot carrying a red flag. I'm sure this was put on the books years ago when cars were not very common and was used as a safety issue maybe for pedestrians.
When I moved from KY-NC about 25 years ago I was stopped one afternoon on my way home from work by a state trooper, because I had a KY tag on my car and the trooper told me that was why he stopped me, he said it didn't look right. What, did he expect an out of state tag to look like a NC tag?? He couldn't find anything to give me a ticket for so he gave me a ticket for not having my driver's license changed from KY-NC saying I only had 30 days after moving into the state to get this done. Since he hadn't had good cause for stopping me I was determined I was going to beat this. My brother and I went to the library and found that you were required to get a NC/DL within 30 days of becoming a resident of the state, but we found in another place you were not considered a resident of the state until you'd lived there 6 months and no non resident was allowed to possess a NC/DL. I made copies of the statute's and went to court using this as my defense. The judge ask if I had a valid KY/DL, I told him I did and gave it to him for his inspection and the charges were dropped. There are so many laws most police can't know them all and probably most judges don't either, but if you do some research you may find a way out of this, but bring copies with you to court to show you've done your homework.
I do know that many interstates have minimum speeds and some 4 lanes too, but they are usually posted and my argument would be if maximum speeds are posted why aren't minimum speeds?
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12-11-2011, 12:52 AM
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#63 (permalink)
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Master EcoModder
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Quote:
Originally Posted by Ford Man
I do know that many interstates have minimum speeds and some 4 lanes too, but they are usually posted and my argument would be if maximum speeds are posted why aren't minimum speeds?
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Because a vast majority of the population suffers from a scarcity mentality, so while you must remind almost everyone to not take too much, you need only remind a few that they are obligated to take at least a minimum, required amount.
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12-11-2011, 01:04 PM
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#64 (permalink)
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The PRC.
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The description of the thread is slightly wrong - you weren't ticketed for "Hypermiling" but for either being to slow or being stopped - depending on which regulation applies ?
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12-11-2011, 04:37 PM
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#65 (permalink)
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Master EcoModder
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DiesleDave
Have you been able to get "disclosure" from the State, prosicuter yet? Because that will give you the info; as to what you will need to defend yourself at trial.
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12-11-2011, 06:36 PM
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#66 (permalink)
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home of the odd vehicles
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Dave, I wasn't railing against you earlier, my point was in this state, it appears (at least from previous run ins with the law) that if you feel there was a reason to slow down you can slow down or stop at any time without question. And if you did get into an accident it is always the guy behind you at fault (at least in this state that I live in).
The fact that there was absolutely no danger to anyone by your actions is icing on the cake.
Remember I too have been going 10mph once or twice on a 4 lane highway. In my case there is little traffic and horse and buggies, farm tractors and al sorts of other vehicles travel on the "highway" so it has no lower speedlimit.
I was pulled over once and pointed at my 48mpg FE guage and was greeted with curiosity as opposed to a ticket, so I have been VERY VERY lucky.
I have always known that the wrong cop on the wrong day might give me a ticket, but in my case never having been in an accident (if you exclude situations where no damage occured as some dumbasses rearended me at red lights) I must be doing something safer despite the low speeds I occasionally travel.
Sadly our country is moving more and more toward taking common sense out of driving because a good number of our citizens are incapable of paying attention to the road while watching their dvd, texting on the cellphone while driving. Start coming down hardcore on those activities and the nanny BS with excess road signals, speed regulations and the general constriction of your rights while driving might stop. (maybe)
But unnecessary tickets do keep the state green. I figure this is a good part of the reason why I am starting to see more cops giving tickets, not safety as much as money.
You will need a bit of luck with the ticket, around here you go to court to reduce the amount, as usually that happens even if found guilty, not sure if it happens out there as well.
Good Luck
Ryan
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12-11-2011, 07:46 PM
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#67 (permalink)
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Master EcoModder
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WE are so rare in numbers that the thought pattern for minimum speed limits doesn't even come to mind most likely.
The ones that I do see stick in my head VERY clearly because of their rarity.
45mph on LA freeways, 45mph on I-15 near Ogden, Utah, and a 40mph min. on I-70 in western Kansas!
It's probably easier for the regulators to leave the dividing line between slower traffic, and too slow traffic to the individual officer's discretion!
I like a posted min. because I can count on it. It's a known reference line.
It's hard to go to a local grade school, and guess in your mind where the imaginary 3 point NBA line should be!
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12-11-2011, 09:34 PM
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#68 (permalink)
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Some people have brought up very good points regarding minimum speeds, and I think there is a lot of merit to the idea that, often, it is up to the law enforcement officer's discretion. Just thinking about California specifically:
In rural, farming areas, any slow moving farm vehicles have to display a placard if they are driving on posted roads (typically, with a maximum speed of 15-25 mph). Depending on interpretation, a pickup truck could be considered a farm vehicle, and it definitely is if it is towing equipment (placard is required).
NEVs are not allowed on public roads with posted speeds greater than 35 mph because, as we know, they are not capable of achieving posted speeds much greater than that. Again, a law enforcement officer could interpret that to mean that vehicles must be driving close to the posted speed limit.
Also, the fact that California highways attempt to segregate slower moving traffic (e.g., instructing slow movers to stay in the rightmost lanes) can be interpreted as a admission that a large discrepancy in speed is dangerous. Again, an officer could consider driving considerably slower than the posted speed limit as reckless driving. Another example of this is in areas where the freeway's posted speeds are much slower than normal. For instance, southbound on the Grapevine, the lines between the lanes turn sold, meaning lane changes are no longer legal.
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12-12-2011, 08:51 AM
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#69 (permalink)
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It is a good topic. Hypermilers typically want to go slower than prevailing traffic. That can create dangerous situations if everone isn't alert. I have been stopped twice, but never ticketed. Doesn't mean I won't get a ticket.
Obviously common sense is the best guide and there are some things you want to do if you intend to hypermile:
-Don't pulse-and-glide between 50&20 MPH on an Interstate road.
-Give the trucks and any fast vehicles a couple of flashes when they still have space to adjust and pass.
-Ridge ride to alert some drivers.
-Set yourself a reasonable minimum speed for the conditions.
-Set flashers on solid if you get really slow and can't gain speed without wasting a lot of fuel.
-Stick to right lane only.
-In dense traffic, like the commuteing hour, just don't do it.
Even with the best methods, you still run the risk of being stopped, largely at the descrestion of the officer. You probably aren't illegal unless you are below a posted minimum speed, but as mentioned other state laws may prevail. It is wise to have you story already made up. "I was trying to save a little fuel, wasn't aware I had gotten that slow, etc." If you run your flashers continuously, you run the risk of being stopped and asked if you are having car trouble. That happened to me. I made a feeble excuse about the car running hot and was "assisted" off at the next exit.
I was also stopped on the Interstate in WS for going too slow. There was no posted minimum and the officer apparently didn't think he had grounds to ticket me, but he advised me that if my car couldn't maintain "reasonable" right lane speed I should perhaps find and alternate route. I smiled and said I'd try to get the speed up, which I did, and nothing more came of it.
Common sense and a friendly attitude go a long way in avoiding tickets. If you do get the ticket, you can always go to traffic court and plead you own case. If you do a bit of research, and if the grounds are shakey, the judge may not be willing to take his time to deal with the case, thereby dismissing.
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12-12-2011, 09:30 AM
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#70 (permalink)
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Quote:
Originally Posted by Arragonis
The ticket price seems sneaky too - its kind of set to make you think about paying to avoid the hassle of taking a day off to face court where you may or may not win.
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That's exactly what they're about - making people pay and get rid of the hassle of going to court over tickets.
I call this situation a reverse-lottery.
You know what you could win at best.
But you don't know what it's going to cost you
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