Vinnie S. wrote:

So like I said, It's mostly at the descretion of the cop. And FYI, you can
be going 56 in a 55, and if he wants to stop you and say you were doing 75
in a 55, even though you did 56, there isn't a damn thing you can do about
it.

Sure there is. Challenge him in court using his radar gun as evidence
against him. If it recorded 56 and he's claiming 75, any of the following
could happen in Oregon: Charges dismissed on the 10% rule, charges
dismissed because the speed was reasonable for the conditions and the speed
was simply a posted advised speed and not a limit (universal speed rule),
or charges dismissed on the grounds of false testimony on the part of the
police officer (pretty much gauranteed to end his law enforcement career,
he'd have a *damn* hard time getting a job even as a rent-a-cop with that
on his record).

Your best defense is to learn the local law and obey it. Oregon tends to be
pretty lax because 1) you can go hundreds of miles without encountering
anything to hit, and 2) almost all traffic tickets handed out are to
Californians, who don't have to pass a test to get a license[1].

[1] If you don't know the answer on the test, you can ask the clerk and get
as many right answers as you need just for the asking, and I can't recall
ever seeing anybody taking a driving test at the CA DMVs. I never bothered
driving in California when I got stuck moving down there for a few years,
it's not hard to get a ride down there if you can get the nerve up with
riding with an essentially unlicensed driver.

--
Paul Johnson

http://ursine.ca/~baloo/

On Fri, 11 Feb 2005 20:37:48 -0800, Paul Johnson wrote:

Vinnie S. wrote:

So like I said, It's mostly at the descretion of the cop. And FYI, you can
be going 56 in a 55, and if he wants to stop you and say you were doing 75
in a 55, even though you did 56, there isn't a damn thing you can do about
it.

Sure there is. Challenge him in court using his radar gun as evidence
against him. If it recorded 56 and he's claiming 75, any of the following
could happen in Oregon:


As far as I know, there is no printed history of a radar reading. Granted 99.9%
of the time, they will write yoy up for what you sped at. But I don't think
there is a shred of evidence you can use. Not even eyewitnesses.

Charges dismissed on the 10% rule, charges
dismissed because the speed was reasonable for the conditions and the speed
was simply a posted advised speed and not a limit (universal speed rule),
or charges dismissed on the grounds of false testimony on the part of the
police officer (pretty much gauranteed to end his law enforcement career,
he'd have a *damn* hard time getting a job even as a rent-a-cop with that
on his record).

Your best defense is to learn the local law and obey it. Oregon tends to be
pretty lax because 1) you can go hundreds of miles without encountering
anything to hit, and 2) almost all traffic tickets handed out are to
Californians, who don't have to pass a test to get a license[1].

Again, here in NJ, it is a revenue generating system. Like I said, they just
want their fined, and not put you in your insurance poor house. The officers
have told me to challenge, because they reduce it to no points.


[1] If you don't know the answer on the test, you can ask the clerk and get
as many right answers as you need just for the asking, and I can't recall
ever seeing anybody taking a driving test at the CA DMVs. I never bothered
driving in California when I got stuck moving down there for a few years,
it's not hard to get a ride down there if you can get the nerve up with
riding with an essentially unlicensed driver.


I can tell you this. Aside from full serve gas, NJ and Oregon are worlds apart.

Vinnie S.