Pulled over for 1 over in NC?

"traderQAMobileTestAutomationMobileBoostOn" (el-peasant) 03/25/2016 at 07:25 • Filed to: None

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I always set my cruise at exactly the speed limit, but it sometimes goes to 1 over on an incline.

What’s the difference between 45 and 46 anyway? I think it should be 4 or above for a ticket (but everyone should still follow the sign)

On the other hand...I can’t wait for all the stupid teenage drivers at my school to get tickets for going 5 over now!

1-over-ticket seems like a stupid implausible idea anyway. If anyone knows otherwise please tell me.

EDIT: Okay, here’s some relieving information.

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bob and john > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 07:26

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TL;DR: OH SHIT WE are almost out of budget. I KNOW, lets run some ‘traffic awareness’ program or something and hand out a lot of speeding tickets!

LongbowMkII > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 07:39

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Depending on how corrupt your local judge is this should be easily dismissed.

jariten1781 > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 07:43

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I wonder if this initiative is being funded by an outside source. I read all the releases by the local PD and they run 2-3 DUI initiatives a month. They're always funded by federal dollars or community groups (MADD or something). Allows them to roll more overtime without hitting the bottom line. The results are always hilarious though; they're always in the vein: 172 stops; 85 citations issued; 7 arrests; 1 DUI. There's never a great increase in DUI arrests as a result of the initiatives compared to the normal daily blotter when the initiatives aren't going.

Slant6 > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 07:45

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Eh. I think it’s mostly for major highways. I drove from Boone to Raleigh yesterday and didn’t see any more SHP than usual.

They can’t really do one over tickets just because speedometer inaccuracy.

BrianGriffin thinks “reliable” is just a state of mind > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 07:56

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PA has some weird motoring laws, but at least we have a speed cushion (10mph or 6mph depending on the speed limits) built in to the statutes. None of this 1-2mph over nonsense.

TheBloody, Oppositelock lives on in our shitposts. > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 08:19

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It’s just a bullshit tax initiative by the local government but they’ll never admit that.

ttyymmnn > jariten1781 03/25/2016 at 08:19

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Austin has regular “no refusal” weekends, where anybody suspected of driving drunk will get their blood drawn whether they want to or not. I’m not convinced of the Constitutionality of that, but they’ve been doing it for a while. And that always nets a few more DUIs. There’s a real problem with DUIs and such in Austin, so I’m wondering why they don’t have no-refusal weekends every weekend.

coelacanthist > ttyymmnn 03/25/2016 at 08:44

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I loathe drunk driving, however the no refusal weekends make me wonder how that money might be better spent on improving public transit in the later hours. For a city that benefits so much from the bar/club/restaurant scene, I feel like they should do more to address the systemic problem rather than creating funneling more (mostly young) people into the justice system. That and the whole constitutionality thing...

jariten1781 > ttyymmnn 03/25/2016 at 08:45

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They don't have the general 'implied consent' policy all of the time? Everywhere I've lived refusal is considered a positive test.

ttyymmnn > coelacanthist 03/25/2016 at 08:46

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It’s time for Chief Avocado to go. The quality of our police force has declined significantly since his tenure began. I’m glad I live in the county.

ttyymmnn > jariten1781 03/25/2016 at 08:47

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Honestly, I don’t know what the laws are and I have no intention of finding out. At least not empirically.

jariten1781 > ttyymmnn 03/25/2016 at 08:54

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Haha, good plan :P

They’re laws (I thought it was every state but maybe not?) that as a condition of having a driver’s license you implicitly consent to chemical tests of breath/blood/urine/etc if suspected of driving under the influence of any substance. If you refuse the courts treat it as a positive result. It's been firmly upheld as consistent with the 4th amendment by the appeals courts (driving is not a codified right; state has a legitimate concern with keeping dangerous drivers off the road) but I don't recall if the SCOTUS has ever weighed in.

Funktheduck > ttyymmnn 03/25/2016 at 09:17

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What constitution? They have badges that trump anyone’s rights. All they have to do is tell the public they’re making the roads safer and people will respond “yup, if you don’t want to get arrested you shouldn’t be doing anything wrong to begin with” as if that's logical.

ttyymmnn > Funktheduck 03/25/2016 at 09:19

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ttyymmnn > jariten1781 03/25/2016 at 09:20

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I guess I never read the EULA when I got my license. Of course, that was 34 years ago....

NYankee1927 > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 09:38

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You deserve it! Don’t you know the arbitrarily set speed limit is there to stop you from skidding out of control. Even 1 mph over can lead to fiery death. I hope you thanked the officer for saving your life.

Wrong Wheel Drive (41%) > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 09:39

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I feel like it would be best to raise all limits on the highways by 10mph and THEN start enforcing 1 over. That would immediately solve the real issue at hand instead of just pissing everyone off.

Funktheduck > jariten1781 03/25/2016 at 09:47

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In my state, a refusal to test is not an admittance of guilt or automatic positive. It is, however, a loss of your license for 6 months.

Here are two scenarios as I understand the law:

Person A: pulled for DUI, says nothing, refuses to take any tests. Gets arrested for suspicion of DUI. Post bail, hire lawyer, go to court, most likely get off because the state has no evidence unless your driving was atrocious or there was an accident. This of course varies depending on how much money you have and how good a lawyer you can pay for. You will almost certainly lose your license for 6 months.

Person B: same starting scenario but admits to drinking and consents to test(s). Goes to jail, loses license for at least 6 months, heavy fines plus the possibility of additional jail time, increased insurance rates, and alcohol and defensive driving classes.

Moral of the story is: if you’re going to drink and drive, be rich and have a good lawyer.

Another fun fact about my state: you can get a DWI (driving while intoxicated) for having any alcohol in your system (the threshold may be .02, I don’t quite remember). So while the legal limit may be .08, you can still have your life ruined by swigging mouthwash before heading out on a date.

2 anecdotal stories I’ve heard that may or may not be true

1. Guy on the radio (personality, not random caller) said his “friend” has a card from his lawyer that says something along the lines of “my client invokes his right to be silent. All questions must be directed to me, his counsel, or you will be in violation of his rights, etc”. His “friend” “may or may not have been over the limit” and got pulled over. Whipped out the card and the cop let him go because they didn’t want the hassle.

2. Carry an unopened bottle of liquor in your car. If you get pulled over, step out of your car, open the bottle and chug. The cop can't measure your BAC before the chugging

AMGtech - now with more recalls! > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 09:57

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Old tires versus new tires can net you that much change. It’s all about money. But any reasonable traffic court judge will dismiss it.

I know it’s not exactly the same thing, but Oregon state law reads that they will not issue a ticket from a speed camera unless you are 11mph over the limit. Says nothing about officers, but I’ve generally found them to be reasonable depending on the county.

JustAnotherG6 > ttyymmnn 03/25/2016 at 10:12

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I wonder what they would do if they pulled someone over that had Hemophilia or Sickle Cell Anemia. Would they still insist on taking blood from a bleeder?

Sam > AMGtech - now with more recalls! 03/25/2016 at 10:16

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A large portion of the people that get these tickets are going to be college kids. This program just happens to be put in to place every year at the same time non-NC schools go on spring break.

Jayvincent > traderQAMobileTestAutomationMobileBoostOn 03/25/2016 at 10:18

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This is such BS! Everyone knows speed doesn't kill, psi does! They should check your tire pressures at every stoplight and ticket you if you are 1+ psi under! Of course, they should also be authorized to use deadly force if your tires are 1+ psi OVER...

coelacanthist > Funktheduck 03/25/2016 at 10:36

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The availability and affordability of uber and lyft have done more to keep me safe than any laws or police presence. Now municipalities are trying to force them out over background checks and finger printing bs.

jariten1781 > Funktheduck 03/25/2016 at 11:18

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First one can work (and not just with DUIs), especially in places with packed courts. The card probably would likely cause you more issues (police and courts don't like jackasses, and that's a jackass move), but just being compliant while saying absolutely nothing will often get a ‘not worth it’. Don’t ever try it on a DUI in podunkville though. They’ll ramrod you through and pile on charges. Likely, with a good lawyer that’ll all get vacated on appeal, but hope you enjoyed the 8 months you spent in.

I don’t believe the second one for a second. That’ll get you multiple extra felony charges (obstruction of justice, tampering with evidence, interfering with an investigation, drunk in public, etc.) and they would still go forward with the DUI case based on other evidence which you just gave them more of. Then at sentencing, no matter which charges stick, the judge is going to give you the max sentence with no options for diversion programs. It’s a hilariously awful trick right up there with charging your iPhone in a microwave.

Funktheduck > jariten1781 03/25/2016 at 11:26

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Yeah, the second one seems like something that’d be busted on Snopes.

The first seems like one of those “it depends” situations. If you’re well known the cop may think “well, he’s gonna get off anyway so there’s no point” or it could be “this guy thinks he’s too famous for the law, I’ll show him”

AMGtech - now with more recalls! > Sam 03/25/2016 at 15:12

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Even better! Let’s prey on broke kids!