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I don't see it as double jeopardy at all.
many offenses or crimes have a jail sentence, a fine, and community service tacked on.
Why can't you get this point: They're not "tacked on" after the original due process is served, list of crimes is specified, plea is entered, verdict is read, and sentence is served. That is what makes it double jeopardy.
Why can you read in stead of jumping to conclusions like you do?
You see, I read this post, by PKCorey;comprehended it, this resulted in me not needing to replay to Merc63 post.
but hey, thanks for posting, I haven't had the chance to chat with you lately.
Quote:
Originally Posted by jtur88
Why can't you get this point: They're not "tacked on" after the original due process is served, list of crimes is specified, plea is entered, verdict is read, and sentence is served. That is what makes it double jeopar
Quote:
Originally Posted by PKCorey
I believe, the issue is the Super Speeder fine can not be charged until the ticket is entered into the DMVS computers here and it takes two or three months before it is entered after they get the records from each county or city court system.
They have something similar in Ontario Canada although consequences are much more severe.
Quote:
If you are charged for speeding at 50 km/h over the speed limit, police will suspend your license and impound your vehicle at the roadside. Penalties for street racing, stunt driving and driving 50 km/h or over the speed limit Pre-conviction – Immediate 7-day license suspension and 7-day vehicle impoundment Upon conviction - $2,000 to $10,000 fine, 6 demerit points, up to 6 months jail, up to 2 years license suspension for a first conviction Second offence – Driver license suspension up to 10 years within 10 years of first conviction
I believe, the issue is the Super Speeder fine can not be charged until the ticket is entered into the DMVS computers here and it takes two or three months before it is entered after they get the records from each county or city court system.
Aren't computers wonderful? A clerk used to have to do all those things by hand with a quill pen, and sometimes there was a backlog of several days, if there were too many thousands of super speeder citations every day.
Doesn't it give the speed right on the ticket that the judge sees when he renders his judgment?
The question is, when the driver pleads guilty by mail, without appearing in court, to the first citation of simple speeding, is he informed that he is also pleading guilty to any add-ons that might come at a later date? Sounds like a Sixth Amendment violation, if the accused is not fully "informed of the nature and cause of the accusation" at the time his plea is asked for or entered.
I find it interesting that it's ALWAYS "a revenue thing" and never "I was breaking the law and I got caught and it's my own fault". That speaks volumes about the person using that excuse and just about nothing useful about the officer who caught them.
The speed limit is the law. You broke it. You got caught. Quite whining and making excuses and blaming everyone else for the consequences of your own actions like a kid and own up.
Quote:
Originally Posted by jtur88
You know better than that, stop pretending you don't. Everybody drives over the speed limit, and the cop backs out of the doughnut shop and pulls over the first car he sees, to make his quota. It's a reverse lottery.
You do know the autobahn has speed limits on major portions of it, there's no speed limit on only a small portion and even there there's a "recommended" speed limit of the equivalent of 81 mph, and if you're involved in an accident while driving faster than that on that portion, your portion of the liability for the accident is increased as a result, don't you? Also that if you violate certain traffic laws there that are routinely violated here, you stand to lose your license AND your vehicle? Also, that there is a movement in Germany that keeps coming back, a movement to institute speed limits on all of the autobahn?
Why is it that those who hold up the autobahn as as shining example of what we should do somehow never mention anything but the lack of a speed limit?
Those speed limits aren't equivalent to 55 mph on a 6 lane highway.
You do know the autobahn has speed limits on major portions of it, there's no speed limit on only a small portion and even there there's a "recommended" speed limit of the equivalent of 81 mph, and if you're involved in an accident while driving faster than that on that portion, your portion of the liability for the accident is increased as a result, don't you? Also that if you violate certain traffic laws there that are routinely violated here, you stand to lose your license AND your vehicle? Also, that there is a movement in Germany that keeps coming back, a movement to institute speed limits on all of the autobahn?
Why is it that those who hold up the autobahn as as shining example of what we should do somehow never mention anything but the lack of a speed limit?
What? Over half of the entire autobahn network still has no recommended speed limit. The only parts that are limited are at major junctions or repair sites. There are also night speed limits to reduce noise and the recommended speed limits can become mandatory in bad weather (they apply even onto portions with no speed limit).
I lived in Germany, so I would expect to know about the Autobahn. Also only about a quarter of the network has recommended speed limits. However, about 70% of the network has any limits of the sort (that includes unlimited sections). To make you feel better, I will say that there is so much traffic. It's very difficult to open it up. In many cases, you are creeping along the road. Also it isn't automatic at all about your insurance premium increasing by crashing in a recommended area. They also determine your speed and did you make a fundamental error which caused the crash.
There has been a movement for slowing down the autobahn for years. There are always people who want to impose their cautious and pathetic beliefs on others. Germany will never outright impose a limit. The Autobahn in itself is a monument and accrues tourism on its own. It was (perhaps still is) the standard of the automotive road networking world and they won't bring it down to the level of the US interstate system.
There is a reason why German cars for are a long time were (and perhaps still are) the best in the world and American cars are crap. There is a reason that for a long time the average American car couldn't hold a candle to the average German car. You can develop and refine your vehicles on such a road with such quality. You can't help but make it a good car.
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