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Subject:
General Question about Highway Speeds
Category: Relationships and Society > Law Asked by: eddiearias-ga List Price: $39.99 |
Posted:
14 Jun 2005 08:03 PDT
Expires: 14 Jul 2005 08:03 PDT Question ID: 533181 |
okay, so i'm well aware that the policy when it comes to highway driving is that one only gets on the most left lane for passing vehicles only. however, is it okay, or accpeted to some degree, to go above the speed limit to pass someone. i know its primarily subjective to the trooper/officer, but i was hoping that someone here could provide some information about this in general, i.e., the catch-22-esque of the situation (passing a seemingly aggitated driver in my case), or any "did-you-know"-ish info. Just curious. Thank you. | |
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Subject:
Re: General Question about Highway Speeds
Answered By: pafalafa-ga on 14 Jun 2005 08:54 PDT |
Hello Eddie, Thanks for getting back to me so promptly. This issue just happened to have been in the news the past few days, so it was fairly fresh in my mind as I read your question. There are many newspaper reports on the topic, such as this one at USA Today: http://www.usatoday.com/news/nation/2005-06-13-speeding_x.htm Speeders' 5-10 mph 'free pass' costs lives, report says USA TODAY "...Motorists in most states get a free pass from police for driving 5 to 10 mph above posted speed limits, a policy that contributes to "carnage" on the nation's roadways, an association that represents state highway safety agencies reported Monday..." Other news stories on the same topic can be seen here: http://news.google.com/news?sourceid=navclient&ie=UTF-8&rls=GGLG,GGLG:2005-20,GGLG:en&q=Governors+Highway+Safety+Association and the actual report that these stories are citing comes from this organization: http://www.statehighwaysafety.org/html/media/pressreleases/2005/061305.html Governors Highway Safety Association Speeding a Serious Problem 10 Years After National Speed Limit Repeal "...The problem with speeding is not just the increased speed limits but also the fact that the public feels comfortable driving above the posted limits, even when road conditions are less than ideal. Of the 50 GHSA jurisdictions surveyed, 42 indicated there exists a ?cushion? of 5-10 mph, not only in the minds of the public but also in enforcement practice. Champagne states, ?This cushion truly exists across this country and in some cases is more than 10 mph above posted limits. Law enforcement need to be given the political will to enforce speed limits and the public must get the message that speeding will not be tolerated.? This answer is a bit on the brief side, but I trust the information here fully answers your question. However, please don't rate this answer until you have everything you need. If there's anything more I can do for you, just post a Request for Clarification, and I'm happy to assist you further. pafalafa-ga search strategy -- searched Google News for [ "10 mph" ] |
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Subject:
Re: General Question about Highway Speeds
From: djbaker-ga on 14 Jun 2005 08:28 PDT |
I challenged a ticket in court once on the grounds that I was "just passing someone". The judge then asked me "what were you doing passing someoen who was going the speed limit?" |
Subject:
Re: General Question about Highway Speeds
From: journalist-ga on 14 Jun 2005 09:41 PDT |
Greetings again, Eddiearias, Glad your question was answered to your satisfaction. From what I discovered, exceeding the speed limit is exceeding the speed limit. "MANAGING SPEED: Review of Current Practice for Setting and Enforcing Speed Limits, Transportation Research Board (1998) "[Figures on speeding-related crashes] must be interpreted with caution. The definition of speeding is broad; for the purposes of coding crash-related information, speeding is defined as ?exceeding the posted speed limit or driving too fast for conditions? (NHTSA 1997a, 1)." http://64.233.187.104/search?q=cache:sK-9PrgicewJ:people.smu.edu/acambre/traffic/principleDetail.aspx%3Fid%3D4+%22new+york%22+%22definition+of+speeding%22&hl=en Here's the NY breakdown of fines in MPH for exceeding: "Exceeding the speed limit less than 10 MPH, a fine of $60-$100; exceeding the speed limit more than 10 MPH but less than 30 MPH, not more than 30 days in jail and a fine of $120-$200; exceeding the speed limit more than 30 MPH, not more than 30 days in jail and a fine of $240-$400. For a second offense within 18 months for any of the previous offenses, the fine is increased by $100. For a subsequent offense within 18 months for any of the previous offenses, the fine is increased by $250." http://www.ghsa.org/html/stateinfo/laws/sanctions_laws.html I would also suggest you have your speedometer tested. Having a faulty speedometer wouldn't necessarily cancel the ticket but could prove excellent fodder for requesting the ticket to be cancelled. Especially if you provide the court with a bill for the testing and repair of the speedometer. Also, please read this article from World Law about fighting a speeding ticket - there is reference to radar unit calibration and numerous references to New York state. http://www.worldlawdirect.com/article/903/Fighting_a_speeding_ticket.html Best regards, journalist-ga |
Subject:
Re: General Question about Highway Speeds
From: eptompi-ga on 14 Jun 2005 11:34 PDT |
As a recently retired long-haul truck driver, I can assure you there is no state that will give you a 10 mph leeway. They do usually allow 5 mph to compensate for misalignments in their radar, etc. Helps them in court. Of course a lot also depends on when and where. In California be a good boy no matter when or where. Most states are more reasonable and leave trucks alone on empty stretches or in the middle of the night as long as you aren't trying to beat the Indy 500 speed record. As with all things in life, moderation and common sense provide the answers. It is a shame there is so little of either these days. |
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