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Status:
"A solution in search of a problem"
(set 12 days ago)
Location: New York Area
34,440 posts, read 16,527,546 times
Reputation: 29611
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Here's my modest proposal; that people organize to have large numbers of people take tickets of the kind described below to trial. The results could be both effective, comedic and educational.
After reading a book by William Adler called The Man Who Never Died, about Joe Hill, a labor organizer (a book I highly recommend) I came up with a strategy. The labor movement, int he early part of the 20th Century was harassed by communities issuing tickets for "disorderly conduct" and jailing people on trumped up charges to stop demonstrations. The demonstrators came up with the strategy of having everyone plead "not guilty" and demanding a jury trial. Towns with limited resources, such as Fresno in 1908 or 1909 (still not a wealthy place) would be fiscally ruined by the expense.
So why not try to get people who were not actually endangering life and limb to plead not guilty, and demand the most elaborate trial possible. Many jurisdictions don't allow for jury trials on traffic infringements. But if large numbers of people stopped for low-grade speeding violations or cell-phone violations pleaded not guilty, showed up and refused to take a plea and the pretrial conferences and demanded a trial, the part-time judges' calendars would stretch well into the night. And the courtroom would be packed with just about every police officer who would have to appear.
In many places the losing party has to pay for a jury trial. I believe this to be highly unconstitutional but few are going to risk $1000 to get out of a $150 fine especially where they are guilty.
Also....do I think speed limits are too low? That's too generic to answer. Sometimes yes, sometimes no.
Status:
"A solution in search of a problem"
(set 12 days ago)
Location: New York Area
34,440 posts, read 16,527,546 times
Reputation: 29611
The jury trial would not be worthwhile where there is that kind of a fee. But paying $400 or so for a lawyer to handle the ticket may be worth it.
My thought is not that these trials would actually happen but that common sense and sanity would ultimately prevail. During the 1980's some Western states began enforcing the 55 mph speed limit strictly. This led to its ultimate repeal.
And as far as speed limits being too low there is a lot of publicity about the Western states and superhighways. But not much about secondary roads, where 30 mph is way too low.
Well, I certainly agree with laws concerning prohibiting texting while driving. It is akin to drunken driving, in my mind. However, I imagine that the insurance companies will have a say in this. For instance, if an insured driver has an accident, the law may change to where the insurance company will have ready access to the driver's cell phone records, to see if they were 'on line' or such when the accident occurred. If so, no insurance to cover the accident (save, perhaps, for that part compensating the innocent party).
I also agree with the laws concerning not going below a certain speed limit on highways. I was quite surprised the other day, going on I-30 in Fort Worth, to realize that the car ahead of me (driven by some very elderly person) was creeping along around 35 miles an hour, while traffic was around 65. I, and others, were having to quickly switch lanes when we realized just how slow the person was going.
Texting and walking? I would be in favor of a regulation by the city or town advising people that such entity would not be held responsible if the person stepped into an open manhole cover or such. You would be surprised at how people will sue for such self-inflicted injuries.
I have relatives in a sleepy Midwest suburb with an extremely low crime rate. It's right on the border of another state.
Everyone knows not to go a mile over the speed limit. The cops pretty much know the local cars and only ticket the two main drags. One of which leads to the next town over with all the shopping.
Since it's a wealthy community the cops simply pull over junky cars, minorities, and anyone with that out of state plate. Gets them revenue and rarely hassles locals
Status:
"A solution in search of a problem"
(set 12 days ago)
Location: New York Area
34,440 posts, read 16,527,546 times
Reputation: 29611
Quote:
Originally Posted by legalsea
Well, I certainly agree with laws concerning prohibiting texting while driving.
The problem is the severe five-point penalties. That makes it risky to defend even when you're not violating the law. The pressure to plead is enormous. I think that the laws should be secondary, where if you're texting while committing some other violation or when you get into an accident creates additional penalties.
The jury trial would not be worthwhile where there is that kind of a fee. But paying $400 or so for a lawyer to handle the ticket may be worth it.
Not if the odds of losing are high.
Quote:
My thought is not that these trials would actually happen but that common sense and sanity would ultimately prevail. During the 1980's some Western states began enforcing the 55 mph speed limit strictly. This led to its ultimate repeal.
And as far as speed limits being too low there is a lot of publicity about the Western states and superhighways. But not much about secondary roads, where 30 mph is way too low.
Also....do I think speed limits are too low? That's too generic to answer. Sometimes yes, sometimes no.
The safest speed to drive is whatever the traffic is flowing at. Keep right unless passing, don't tailgate and don't pass on the right. Of course there are times where this exceptions to this, e.g. you have left side exit. Lift the speed limits on interstates and enforcing these rules would reduce accidents. We'd all get to where we going faster and safer.
I don't have time for that. Besides, the real strategy for defeating speed traps, texting laws, etc. is to not do it or, if you're going to do it, do it smart.
They are severe penalties because it's the leading cause of accidents.
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