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Old 07-03-2004, 01:19 PM
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UberRoo UberRoo is offline
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The NHTSA's own studies have shown that speed limits generally encourage poor driving behavior. One example of this is that when the limit is, say 60mph, people will continue to drive at that speed even in extremely adverse conditions. Even when the limit is 20 in a school zone, drivers often falsely assume it’s safe to travel at that speed even when children are only a few feet away. Limits do very little to dissuade drivers from exceeding them, as most drivers have little regard for the postings, (largely due to unreasonable limits.) The same studies have also indicated that drivers generally have an excellent sense of judgement when it comes to regulating their own speed, and most poor decisions are a result of irrational speed limits; often providing false confidence, or being so clearly unreasonable that they are contemptuously ignored. Driver understand that when the road is straight, when there are wide shoulders, no hidden driveways, good conditions, etc.; that it is safe to travel at high speeds, and that certain conditions such a blind corners, busy streets, and areas with lots of foot traffic, it's generally best to travel at much lower speeds.

This is well-known and proven data to the people who regulate the speed limits. The degree of injury per mile actually goes down on freeways when people travel faster. The real purpose of speed limits is for guidance, and to give legal authority to officers when they see someone who is not exercising their best judgement. The secretary of transportation has said, “Posted speed limits are generally intended as an advisement of recommended safe rate of travel.” (I may have slightly misquoted that.)

The simple fact is that reckless driving or negligent driving applies even when traveling at or below the speed limit. Both charges are widely open to interpretation, and it usually comes down to the officer's discretion. There are places that I would feel much safer traveling at 60 in a 25, than I would traveling 25 in a 60. Local laws may have firm rules regarding what will or will not get you arrested, but a benevolent officer can turn things in your favor just as much as a determined malicious officer can turn things against you.

Going 60 in a 25 may or not be reckless. It's obviously unreasonable to expect a Ferrari to adhere to the same regulations that apply to tractor/trailer trucks. (Unreasonable yes, nevertheless, the law is just that.) Frequently we see zones marked at 25 because there is a hazardous section at the beginning and end of the zone, but the entire distance in between is suitable for much higher speeds. Granted, you can still get a ticket for speeding, but sometimes the officer, especially the good officers, are more concerned with the spirit of the law rather than the letter of the law. My personal belief is that a conviction is not valid unless it meets both the letter of the law and the spirit of the law. I believe this because the spirit of the law is the aspect that truely concerns us, but the letter of the law is the safeguard to prevent gross abuse.
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Last edited by UberRoo; 07-03-2004 at 01:31 PM.
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