POLL: If you drive 80mph on the freeway, are you breaking the law? EDIT: UPDATED WITH ANSWER!

[Taggart]

whatever the sign says is the speed limit and the law

 

[yhelothar]

Originally posted by: Taggart
whatever the sign says is the speed limit and the law

It sucks to live in a black and white world, doesn't it?

 

[dman]

Originally posted by: virtualgames0

Originally posted by: dman

I call BS. Show copies of court docs and ruling. In any case, it varies state to state, so ymmv.

I wish I could show you.. I really do. But I contested the ticket by mail, and they sent me back a check for the fine that I paid, and I already cashed in the check/threw away the envelope.

Even if this is true, then it's more likely you lucked out (Judge was being nice, maybe you have a clean record up to now). I'm betting that other folks with a similar defense in the same state would still get the fine. I am not a lawyer, so, I could be wrong.. but... I believe the maximum speed takes precedence when posted and that the basic speed law is there to cover other scenarios such as when there is no posted speed limit and/or when the weather conditions would dictate that you drive BELOW the speed limit.

If this was an easilly exploited technicality you'd see many other posts on this. So, I won't argue this further, you may not be lying but I doubt others would be so lucky.

Example (See first section)

 

[mugs]

I believe there are only 3 states that have speed limit laws like the one you cited in the OP. The rest are absolute speed limits.

http://www.mit.edu/~jfc/laws.html

Absolute

Most states have adopted the speed limit language from the Uniform Vehicle Code, which sets absolute limits. That means exceeding the speed limit is illegal per se regardless of whether or not it is safe. These states are marked " A ".


Prima Facie

In Rhode Island, Texas, and Utah driving faster than the speed limit is prima facie evidence of unreasonable speed. One can argue in court that one was exceeding the speed limit but should not be convicted because the speed was safe (when they accept this argument, judges will likely want to see evidence beyond a defendant's claim that he was driving safely). These states are marked " P ".

 

[mugs]

Also from that link:

Mixed

In several other states, there is a state absolute maximum speed and only limits below that are prima facie limits. State maximum speeds are 85 in Arizona, 75 in Colorado, 65 in New Hampshire and on freeways in California (unless posted 70) and Ohio, and 55 in Connecticut (unless posted 65), on two lane roads in California (unless posted higher), and on non-freeways in Ohio. Ohio freeway speed limits are absolute even if below 55. Oregon speed limits are absolute on Interstates and in cities and prima facie elsewhere. In Minnesota only municipal limits are absolute. In Michigan municipal limits are prima facie and state highway limits are absolute. Massachusetts limits are prima facie except on roads that belong to the Massachusetts Turnpike Authority or the Metropolitan District Commission. These states are marked " * ".

This page does not list truck speed limits in general, but a noteworthy exception to the previous list is the 55 MPH absolute speed limit for trucks in California and Oregon.

 

[TGS]

I was driving 45 in a 35 commercial zone, completely empty at almost 3am. A motorcycle cop pulled out from behind a fence. The judge gave me a 6 month probationary period, and gave me a pass on the ticket.

I'm all for doing at least 10 over the limit, past cops as long as driving conditions are good. I really don't understand why people are afraid to pull past a police car in the right hand lane... Anyways, :thumbsup: for you and the judge.

 

[JEDIYoda]

Originally posted by: virtualgames0
Given that the traffic was light enough and the weather/visibility/road conditions permits you to do so safely.


Edit after 3:17 on the poll:
How many of you that voted illegal actually had a speeding ticket and spent the time to look up the law before bending over and taking it up the azz. 😉

I was fined with CVC 22349(a) a month ago after driving 80mph on a near empty freeway at 11:40PM, coincidently it was the last day of the month(ticket quotas?).
I looked up exactly what the code stated:
"The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing."

Then I looked up what the "basic speed law" says:
"No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

So according to the law, it was indeed legal for me to drive 80mph on an empty freeway at 11:45PM
Presented the facts of my case to the judge and got off scott free 🙂

yeah right...and let me guess no supporting documents..lol

How nieve do you think we are?

Thats total rubbish...and sad that you would encourage others to do the same thing.

 

[BoomerD]

The legality of driving 80 is going to depend on which state you live in. For example:

"On Friday, Texas Governor Rick Perry (R) signed HB 2257 into law making 80 MPH the maximum allowable speed in the state. Rural portions of I-10 and I-20 will enjoy the new top speed, while other rural roads could see the limit rise to 75 MPH. Both the state House and Senate adopted the legislation without opposition last month."


FYI, the Kahleeforneeya driver's handbook says:

"California Driver Handbook - Laws and Rules of the Road

Speed Limits

California has a ?Basic Speed Law.? This law means you may never drive faster than is safe for current conditions. For example, if you are driving 45 mph in a 55 mph speed zone during a dense fog, you could be cited for driving ?too fast for conditions.? You may never legally drive faster than the posted speed limit, even if you think it is safe to do so.

Regardless of the posted speed limit, your speed should depend on:

The number and speed of other vehicles on the road.
Whether the road surface is smooth, rough, graveled, wet, dry, wide, or narrow.
Bicyclists or pedestrians walking on the road?s edge.
Whether it is raining, foggy, snowing, windy, or dusty.
Maximum Speed Limit

The maximum speed limit on most California highways is 65 mph. You may drive 70 mph where posted. Unless otherwise posted, the maximum speed limit is 55 mph on two-lane undivided highways and for vehicles towing trailers.
Other speed limit signs are posted for the type of roads and traffic in each area. All speed limits are based on ideal driving conditions. Construction zones usually have reduced speed zones.

Driving faster than the posted speed limit, or than is safe for current conditions, on any road is dangerous and illegal. High speed increases your stopping distance. The faster you go, the less time you have to avoid a hazard or accident. The force of a 60 mph crash isn?t just twice as great as a 30 mph crash, it?s four times as great!"

 

[Jawo]

I always go with the flow of traffic....

 

[tm37]

Originally posted by: virtualgames0

Originally posted by: dman

Originally posted by: virtualgames0
the law, it was indeed legal for me to drive 80mph on an empty freeway at 11:45PM
Presented the facts of my case to the judge and got off scott free 🙂

I call BS. Show copies of court docs and ruling. In any case, it varies state to state, so ymmv.

I wish I could show you.. I really do. But I contested the ticket by mail, and they sent me back a check for the fine that I paid, and I already cashed in the check/threw away the envelope.

Chances are the officer who cited you did not respond to the written deal.

 

[Indolent]

Originally posted by: virtualgames0

Then I looked up what the "basic speed law" says:
"No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

So according to the law, it was indeed legal for me to drive 80mph on an empty freeway at 11:45PM
Presented the facts of my case to the judge and got off scott free 🙂

Not sure where your logic is coming from. I would argue that there is reduced visibility at night...

 

[Britboy]

So according to the law, it was indeed legal for me to drive 80mph on an empty freeway at 11:45PM
Presented the facts of my case to the judge and got off scott free

Awesome! You are my hero 🙂