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Old 12-23-2012, 09:05 AM
 
Location: Victoria TX
42,554 posts, read 87,003,003 times
Reputation: 36644

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Quote:
Originally Posted by shstrang98 View Post
How he hell is 85 "super speeding?"

This sounds more like something that would happen here in Lewzianer where driving with ones head up ones ass is the norm. This means that in Lewzianer driving like a slug is all that's tolerated.

Another all-time favorite here in this state is fake construction zones. Are those in use in Georgia too?
You guys in Lewzianer can drive as fast as you want, the police won't stop anybody unless they have Texas plates.
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Old 12-23-2012, 09:08 AM
 
Location: Victoria TX
42,554 posts, read 87,003,003 times
Reputation: 36644
Quote:
Originally Posted by TexasHorseLady View Post
And that tells me most of what I need to know about your attitude towards life and your personal responsibility for the consequences of your own actions.
And you've already told us many times all we need to know about your attitude toward life, your worship and adoration of a police state with arrest quotas without warrants or due process, and random selection of citizens to be singled out and taxed for revenue.

If you switch on your turn signal too late, 99 feet from your turn, or not turning on your headlights until 31 minutes after official astronomical sunset, or if a tail light bulb burns out ten feet before you turn into your driveway, you are all in favor of a black box that records those facts, which the police can look at without a warrant, and issue a $100 ticket (or $1,000 or $10,000) for every infraction at the end of the year. That's called personal responsibility for the consequences of your own actions. They are all your actions, with the police state free to impose any consequences they like, for which you must mindlessly admit responsibility, with an attitude toward life that it would be seditious to object.

The automobile is being used as a lever, by a despotic and tyrannical state, to impose dictatorial power over the citizenry. When you are in your automobile, you have signed over practically all of your constitutional rights to privacy, liberty, property, due process, and the pursuit of happiness, and virtually abdicated your citizenship. When you are in your automobile, the police can can search your car without warrant, seize all the contents in your car, all your money and possessions on your person, demand that you identify yourself with photo id bearing current address, put you in handcuffs, and take you to jail, stating only the most frivolous probable cause. If you are standing on a street corner, you have constitutional protection and they can do none of those things.

Last edited by jtur88; 12-23-2012 at 09:49 AM..
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Old 12-23-2012, 09:26 AM
 
Location: Central Texas
20,958 posts, read 45,416,260 times
Reputation: 24745
jtur88, I don't worship any such thing, as anyone who's really been paying attention (and anyone who knows me) could tell you if they were able to get a word out through the laughter at anyone having such a foolish idea.

However, your description of the very idea of having speed limit laws and actually having them enforced as such does make your attitude of entitlement very clear.
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Old 12-23-2012, 09:53 AM
 
Location: Victoria TX
42,554 posts, read 87,003,003 times
Reputation: 36644
Quote:
Originally Posted by TexasHorseLady View Post
jtur88, I don't worship any such thing, as anyone who's really been paying attention (and anyone who knows me) could tell you if they were able to get a word out through the laughter at anyone having such a foolish idea.

However, your description of the very idea of having speed limit laws and actually having them enforced as such does make your attitude of entitlement very clear.
There's more, I was still adding in edit mode when you replied. My attitude of entitlement is only what is in the constitution. I am entitled to go about my business without a black box monitoring my pursuit of happiness. And my Eighth Amendment "attitude of entitlement" to not have "excessive fines imposed". "Excessive" is not defined by the county's need for revenue, but by the doctrine of the punishment fitting the crime.

For the record, I am not one who has argued for the abolition of speed limits.

Last edited by jtur88; 12-23-2012 at 10:12 AM..
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Old 12-23-2012, 10:25 AM
 
Location: Central Texas
20,958 posts, read 45,416,260 times
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And I've never said anything about a black box, though the ones that were referenced used by auto rental companies are not a violation of the Constitution, which prohibits the GOVERNMENT from certain activities. Private business is not the government. It's similar to the confusion some people have who scream that their freedom of speech is being violated when they're not allowed to say whatever they want on online forums or internet lists. If you read the Constitution, really read it, it's very clear that the restrictions are, quite intentionally, on the government and not on private businesses.

On the other hand, you're not required to do business with a private business that has policies that you disagree with. See how nicely that works?

As for the Eighth Amendment, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, case law would seem to indicate that traffic fines for something you actually did would not be considered excessive or cruel and unusual unless just because they hurt - that's what they're supposed to do, to discourage you from doing it again. Saying that just because traffic fines hurt you in the pocketbook some and thus the laws are solely about revenue doesn't even begin to come close to qualifying.

For the first ever Supreme Court case to address the issue of excessive fines, wikipedia has an excerpt from the court's findings that makes this clear (assuming you can read legalese, of course). There's also an example of the kind of disproportionality that brought it to the Supreme Court in the first place.
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Old 12-23-2012, 12:00 PM
 
48,502 posts, read 96,877,697 times
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Without readig the law in Georgia ;perhaps its a case of first a criminal conviction for speedig and then a fine under civil law .Seems that is likely seeing that first cfriminal conviction is gotten then the civil fine as in many other such cases that government does the same thing.If so criminals laws do not apply ;of course.Also its not a separate criminal conviction ;so does not go on your driving record.Redlight camera laws are civil in every state I know of ;as example.
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Old 12-23-2012, 04:59 PM
 
Location: Victoria TX
42,554 posts, read 87,003,003 times
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Quote:
Originally Posted by TexasHorseLady View Post

As for the Eighth Amendment, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, case law would seem to indicate that traffic fines for something you actually did would not be considered excessive or cruel and unusual unless just because they hurt - that's what they're supposed to do, to discourage you from doing it again. Saying that just because traffic fines hurt you in the pocketbook some and thus the laws are solely about revenue doesn't even begin to come close to qualifying.
On the contrary. For something you did NOT do, a fine of one cent is excessive. The founders were obviously addressing the protection of people who were adjudged guilty, against excessive fines and cruel and unusual punishment for that particular crime. Fines assessed nowadays for mere traffic violations are comparable in magnitude to fines assessed for many forms of theft and violence causing bodily harm. It is excessive to equate traffic infractions with criminal violence, and I have no doubt the founders would have called it that.

This is magnified by the fact that a criminal charge cannot be discharged with a simple acknowledgement of responsibility, but requires a plea of guilty or not guilty, while traffic infractions are disposed of in a proceeding that is not tantamount to a criminal trial. All that is required for a traffic conviction is a preponderance of evidence, not proof beyond reasonable doubt. But in assessing the fine, the traffic conviction often carries a comparable fine to a criminal act which is disposed by a guilt or innocence judgment. A traffic fine is assessed before the accused is afforded the due process of a trial and and proof of guilt, which can come only afterwards if the driver appeal the finding of responsibility.

I have no doubt that if one man is found guilty of a violent criminal act in a trial of his peers or pleads guilty in lieu of a trial, and another man is simply deemed to be responsible for a traffic infraction without due process, the founders would have called it an excessive fine if both men were fined the same amount of money (say, $500). And the Eighth Amendment was written to prevent that abuse.

Last edited by jtur88; 12-23-2012 at 05:11 PM..
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Old 12-24-2012, 09:39 AM
 
Location: Metro Washington DC
15,436 posts, read 25,822,958 times
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Quote:
Originally Posted by TexasHorseLady View Post
And I've never said anything about a black box,
Actually, you did. Post 66 is referring to post 65. If not, which post were you talking about?
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Old 12-24-2012, 02:03 PM
 
Location: Walton County, GA
1,242 posts, read 3,480,950 times
Reputation: 1049
hehehe, Ive talked myself out of a few super speeders. They aint cheap and every time, the cop has always mentioned that he could have gotten me for super speeding.

We have quite a speeding problem out here. You do 55 or 60 on any of the freeways out here, you will be ran over by everybody. For the most part, seems most do 15-20 over on the 55mph freeways. Its the norm here. When its not rush hour, you will almost always see the 100+ clubs weaving in and out. Everyday, they are everywhere on our Atlanta freeways. Ive been passed by big rigs doing at least 70+ in a 55. Why they would put a CDL on the line, beats me, but its not unusual here.

Now, there is a whole lot of us Georgians who will keep it 14mph over tops. This is because only 15+ MPH's get reported to the GA DMV's. This is awesome for some of us. Sadly, if you are out of state and get a 10 mph ticket, your state will see it and point ya.

Either way, no matter how the laws are written, ignorance to the law is no excuse. Its pretty simple. Know the laws of the state you travel. I dont speed more than 4 over in FL.
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Old 12-24-2012, 03:38 PM
 
35,309 posts, read 52,323,443 times
Reputation: 30999
The whole speed limit thingy is money generation under the guise making the local politicians appear to be doing something about road safety and consequently making a whole lot of money from people willing to give it.
its obviously a big game and if you are getting tickets you just aint playing the game right. Going over the speed limit by more than 20mph wont put you in a winning position,not stopping at stop signs or red lights will also diminish your chances of winning.
So sure its about revenue generation,you know that the cops know that every one knows that so it should be easy enough to win the game i'd say..
I've never had a moving violation in 45 years of driving, a few parking tickets in unfamiliar areas is about it for me.
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