A matter of speed, and the laws in the USA.

"AndersSim - V10'ING" (anderssim) 03/09/2014 at 15:32 • Filed to: None

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So I have been wathing this for the LOLS, if you could say so, because of the drivers being more dumb than a goldfish, but also how easily the majority of these cops take it, even when they excess the speed limit with more than 100%? How do they not loose their license? Where I live you loose your license if you drive more than 50% of the speed limit, and in worst case scenarios, a jail sentence. What I'm trying to say is, I'm amazed how strict the traffic laws are in the US, and how "vague" and forgiving the punishments are.

jkm7680 > AndersSim - V10'ING 03/09/2014 at 15:40

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Same here, I'm pretty sure that 45 over is grounds for a reckless driving charge, and a possible arrest.

MountainCommand > AndersSim - V10'ING 03/09/2014 at 16:02

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Cash revenue! All about them Benjamins!

Officer discretion plays a key factor. The US has a very wide range of discretion within the CJ system. (although recent legislation could and will be changing that)

AndersSim - V10'ING > MountainCommand 03/09/2014 at 16:11

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So, cops are corrupt?

iDriveCode3 > MountainCommand 03/09/2014 at 16:16

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I'm curious how discretion in what is fundamentally a minor offense could be taken away from us with legislation. As it is, we currently have no discretion in domestic violence (shall arrest), missing persons, and identity theft cases (shall take report); most everything else, we can decide a course of action.

Traffic, especially, relies on three aspects: Engineering (the physical stuff, lights, speed limits), Education (warnings, DUI checkpoints) and Enforcement. Joe are warnings a bad thing?

Full disclosure, I haven't watched the video yet.

MountainCommand > AndersSim - V10'ING 03/09/2014 at 16:19

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the gov't is corrupt, but thats another story haha.

Its easier for the cops to give these guys easy money making tickets, then have them charged with more serious offenses and have to book up another court day, and then have their fancy lawyers push things further in order to play with the system. Because in the end, with the fancy lawyers, they would probably end up with the same money making ticket the officer could have given them at square 1.

In the cops eyes, these arent worth their time, the judges time, nor all the peoples time in between. The CJ system is already overloaded to the max in most places. Its a 'lesser of two evils' position.

AndersSim - V10'ING > MountainCommand 03/09/2014 at 16:22

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I think that sounds more logical than corrupt in some sort of way. Anyway, just a theoretical question: If I blast up the highway in the US in my pretty basic E-class flying past a cop car with 155 mph, like they do in their fancy vipers and slr's, would I end being fined, and called to court? As I, in cops perspective, probably doesn't have the means to afford a expensive lawyer?

MountainCommand > iDriveCode3 03/09/2014 at 16:33

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Well, in the days prior to my existence, we can look at DUI laws for instance. In most states (or a good amount of them), if a driver is caught, they are going straight to the county jail for processing. No questions. Then they go in front of a judge, who has to follow strict legislation written on how to deal with DUI offenders. In some states, they have only a few options. Back in the day, a judge could use his Discretion based upon the persons social, economical, and mental states and dish out a charge accordingly. And lets step back, a police officer back in the day "could have" used his discretion to take the intoxicated driver home instead of arresting or ticketing him. But with cameras recording everything, as well as highly strict enforcement regulations, its nearly impossible for this to happen again.

I should note, a lot of this varies by state, so NJ in my case, has a very high amount of things you think would be discretionary, but end up being handles by a guideline via legislation. Apply cameras to the mix, and now officers could be held liable for letting someone go with a warning or without anything.

I guess to try and answer the original question, in another answer. Red light cameras. A camera can now determine if you actually did break a moving vehicle violation. Whereas an officer could have simply given you a warning. Legislation to enforce such cameras is totally getting rid of discretion as we know it. little by little.

Warnings are not a bad thing. In my opinion, they are essential! It keeps officers time available to handle more important situations rather than them have to write up endless amounts of paperwork on stupid moving violations.

if i missed your question entirely feel free to slap me and tell me to re answer haha.

MountainCommand > AndersSim - V10'ING 03/09/2014 at 16:57

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Its up to the offender if he wants his own, or a court appointed lawyer, or none at all.

In your example. Its all going to depend on the officer. You could get no ticket, you could get a warning, you could get a ticket, or he could take you away in the back of his cruiser AND fine you for anything and everything he can spot on your car if you decided to become unruly.

Obviously 155 is a very high rate of speed, well in excess of maximum limits. In NJ if you are caught 30+mph over the speed limit, the officer "could" write you for a ticket adding 5 points to your license. at minimum. The list of things they could wirte you for could be extensive:

39:4–52 Racing on highway - 5 points
39:4–82 Failure to keep right - 2 points
39:4–88 Failure to observe traffic lanes - 2 points
39:4–96 Reckless driving - 5 points
39:4–97 Careless driving - 2 points
39:4–97.2 Driving in an unsafe manner - 4 points
39:4–98 Exceeding maximum speed 30 mph or more over limit - 5 points
39:4–123 Improper right or left turn - points
39:4–126 Failure to give proper signal - 2 points
39:5D–4 Moving violation committed out-of-state - 2 points

Thats just to name a couple. Obviously the likely hood of all of those being on one ticket is very small (thats a lot of paperwork).

But it all depends on on so many factors. The officers mood, did you pass anyone, was this during rush hour or on a completely empty stretch, were you a jerk, were you nice, did the officer just come from shootout an hour before hand? These are all factors that can play into discretion. All states vary on speeding laws so YMMV.

Also, you could play the not guilty game and hope the officer who pulled you over doesnt show up to court in order to prove you guilty. Because if he is not there, a lot of people get out of tickets since the officer on duty cant prove you did something wrong. But most LEO get paid overtime to go to court so they usually always go.

and here is an example kind of close to your example:

http://www.worldlawdirect.com/forum/traffic-…

last bit of info to kind of sum it up:

" if you are driving at an excessive speed, typically 30 mph or more over the speed limit or higher than 90 m.p.h, it is not uncommon that a state trooper or local police officer shall issue both the speeding summons and a reckless driving summons. If you accumulate 12 or more motor vehicle points on your New Jersey Drivers License, your license will be subject to suspension."

GeorgeyBoy > AndersSim - V10'ING 03/09/2014 at 17:33

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lose*

AndersSim - V10'ING > GeorgeyBoy 03/09/2014 at 17:37

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Sorry that I'm not totally acquainted by your languages grammar.

GeorgeyBoy > AndersSim - V10'ING 03/09/2014 at 17:39

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Understand, it's a stupid language.

WZAnon > AndersSim - V10'ING 03/10/2014 at 02:58

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I think what the topic creator is asking is why isn't there any consistency. And thats a very good question to ask the police department. Good luck getting an answer.