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- Path: sparky!uunet!news.tek.com!tekig7!tekig5!briand
- From: briand@tekig5.pen.tek.com (Brian D Diehm)
- Newsgroups: or.general
- Subject: Re: Interesting ticket....
- Message-ID: <8187@tekig7.PEN.TEK.COM>
- Date: 8 Jan 93 23:06:37 GMT
- References: <1ibf6jINNdcf@gaia.ucs.orst.edu> <14204@pogo.wv.tek.com> <14207@pogo.wv.tek.com>
- Sender: news@tekig7.PEN.TEK.COM
- Reply-To: briand@tekig5.PEN.TEK.COM
- Distribution: or
- Organization: Tektronix, Inc., Beaverton, OR.
- Lines: 76
-
- >So, Edward, if you really were careening down the highway way over the
- >speed limit, then admit it, you broke the law. Pay the ticket and slow
- >down.
-
- Well, I generally agree with the idea that our society does not promote
- members taking responsibility for their own actions.
-
- However, having been involved in the traffic system in the past, I must
- say that any connection between traffic laws and concepts such as "justice"
- or "public safety" or "culpability" or any other standards are tenuous at
- best. It's a lawyers, cops, and judges playground, with the common citizen
- being the only "player" at a serious disadvantage.
-
- Here's an example of the types of games that get played. But first, it will
- take some explanation for background.
-
- Oregon had (and still has) a "basic speed rule." That means that if you drive
- too fast for the conditions (above "a speed that is reasonable and prudent")
- then you are in violation. So, the speeds that you see posted are not, in
- Oregon, speed "limit" signs, but "designated speeds." You can be arrested for
- speeding while doing less than the designated speed if conditions warrant
- (appropriate right now with icy roads.) You can exceed the designated speed
- legally.
-
- The designated speed is the point where proof of burden shifts. If you exceed
- that speed, it is "prima facie" evidence that you were in violation. If you
- can reasonably prove to the judge that conditions made your speed "reasonable
- and prudent" than you're home free - or should be according to law. If you are
- arrested doing less than the designated speed, the burden of proof is on the
- officer to prove that you were exceeding a reasonable and prudent speed.
-
- Enough for the background. Actually, this system is good, and it works. The
- 55 MPH limit screwed it around some, but OK. Now here's the example of how the
- common driver gets screwed.
-
- A year or so ago, the State Police asked for a fundamental change in Oregon
- traffic law. They asked that the 25 MPH speeds in neighborhoods be absolute
- speed limits - doesn't matter if you can prove you were safe, you're breaking
- the law.
-
- Why did the cops want this? They were very open about it: too many people were
- "getting off" in court. See the police logic? "Too many people took it before
- an impartial judicial system (which in fact is far from impartial - visit a
- traffic court some time), and our accusations were judged to be inadequate. So
- we want the legislature to mandate that our accusations are unquestionable."
-
- The court system was doing their job, and the police didn't like it. They used
- the legislature as a neat end play.
-
- Our legislature passed their new rule without a whimper. Oregonians weren't
- aware of it, it was so quietly done. (But then, most Oregonians aren't really
- informed about their basic rule rights anyway.) So once again, the common
- driver has lost the recourse to even question the traffic system.
-
- If this were atypical, I'd be less bothered. But it's typical of the whole
- system. It's a system that makes criminals of the common person. Nobody in the
- system appears to be in the least concerned about concepts such as "safety" or
- "justice." Heck, even "fair play," since play seems the operative concept.
-
- So if somebody wants to get off a traffic ticket on a technicality, I say
- more power to them - after all they are only applying the same rules that
- are being used against them. They are fighting an unjust system with that
- system's own rules. Go for it. And also, in this case, the ticket recipient
- should force the system to apply the basic rule, and make certain that his
- speed really *was* in excess of a speed that is reasonable and prudent, given
- *all* the circumstances.
-
- The other alternative - that the citizens take reins in hand and alter the
- system - is hopeless in light of the apathy shown in face of the police
- maneuver described above. I gave up on that concept a long time ago.
-
- --
- Brian Diehm
- Tektronix, Inc. (503) 627-3437 briand@tekig5.PEN.TEK.COM
- P.O. Box 500, M/S 19-286
- Beaverton, OR 97077
-