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Jeff Higgins Jeff Higgins is online now
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Join Date: Mar 2004
Location: Higgs Field
Posts: 22,811
What is lacking in modern speed enforcement is due process. Most states have enjoyed a financial windfall ever since they started denying citizens due process in the prosecution of speeding tickets. Rules of evidence have been changed (reduced) to where the citizen must effectively prove innocence, rather than the prosecutor proving guilt. Our fundamental right to a jury trial on any charges brought by the State against a citizen has been revoked. All under the guise of an "agreement" we accept in exchange for the State granted "privilege" of driving.

What utter hogwash. Maybe, just maybe, as the States continue to push on this, as their enforcement gets ever more draconian, the citizenry will wake up. Maybe the citizenry will finally be jolted from their apathetic stupor, and begin to demand the return of due process to traffic court. Real, tangible, convincing evidence; presented to a jury for their deliberation.

Oh, I know the authorities will snivel and whine that this is just too hard. Waaa... We have allowed them to get lazy and sloppy. It's time we demand they tighten things up a bit. It's time we make the authorities prove, in front of our fellow citizens, the charges they bring against us. Not just "prove" them within their own little State sponsored circle jerk, but prove the charges to a jury of our peers. Yes, that would be difficult. Yes, that means they would win very few cases. Yes, that would mean they would have to change both their focus and their enforcement techniques.

It's time we demanded reasonable speed limits. Speed laws are the most commonly violated laws in the land. It's time we demand mandatory speed studies, employing principles such as the "80% rule" to establish speed limits. 75 mph in a 60 zone looks pretty bad in court, until one realizes that 80% of the traffic was going 72 mph. Now 3 mph faster than the average traffic flow doesn't sound so bad.

It's up to us. We, as the citizenry, have ultimate say over this. When it finally gets bad enough maybe we will act. When the State's greed and paternalistic attitude over us gets to enough people, we will act. At least I hope we will...
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Jeff
'72 911T 3.0 MFI
'93 Ducati 900 Super Sport
"God invented whiskey so the Irish wouldn't rule the world"
Old 06-25-2008, 08:25 PM
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