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To: Wallace T.
The issue is not the behavior of the motorist or the actions of the trooper. It is the sudden, unexpected drop in a speed limit on a rural highway or an urban street. That is a speed trap, and the motorist was caught in one, plain and simple.

Unless I have missed something in this news story, there is no indication at all that he was caught in a speed trap.

I'm quite aware of what the term means.

There is effectively little redress for someone who is technically in violation of an unjust law. The choices are to shut up and pay the fine within the prescribed time, lose a day's work to go to court, plus the cost of an attorney, or get in the face of a cop who can inflict pain and humiliation, plus send you to a short stay at the local jail, more or less at whim. Even if you choose to fight the citation, the local magistrate is in on the racket and will dismiss your complaint in most cases, especially if you are not a local.

All of that is correct, if it was a speed trap, but also beside the point.

It is ultimately useless to fight a law at the point of enforcement, fair or not. The trooper has neither the means nor the authority to change the law. It's his job to enforce the law, not change it.

Speed traps are much more effectively dealt with by the creation of state laws which forbid them. A significant group of travelers complaining to the state of the offending city or county could cause such a law to be passed.

Politicians at the Federal level, and in most states and many localities, have become overly enamored of their "authoriteh" and it is difficult, if not impossible, to seek redress of grievances under the current system. There has always been a "Boss Hog" mentality in local governments, but with the increase in laws and regulations and the element of greed, abuse of power is far greater than it was 50 or 100 years ago.

That's a good bit of generalization. Fortunately, there are states which limit the authority of local jurisdictions to play with speed limits. (See The Speed Trap Exchange for some examples)

All of your general contempt for overbearing (or worse) LEOs etc. is one that I share. But confrontations with such jerks are more easily avoided than won.

Don't violate the law, and you're much less likely to face a jerk cop.

234 posted on 03/13/2008 1:28:11 PM PDT by TChris ("if somebody agrees with me 70% of the time, rather than 100%, that doesn’t make him my enemy." -RR)
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To: TChris
Whether the driver was aware of the drop in the speed limit is not the point. Rather, the local authorities lowered the speed limit on this stretch of rural highway from 65 to 40 despite the absence of workmen in the vicinity and the clear weather conditions. These were unreasonable limitations. If you have ever driven in the rural West, driving at 40 mph is unconscionably slow, and unless there is a compelling reason, such as the presence of highway workmen, there is no need to lower the speed limit, as there were no higher speeds. Additionally, American state speed limits are ridiculously low when compared with European nations such as Italy, France, and Germany, where population densities are similar to the Northeastern states, yet where speed limits are 17 mph faster (65 vs. 82).

A significant group of travelers complaining to the state of the offending city or county could cause such a law to be passed.

That has happened in some states such as Texas, where the concentration of population in four major metro areas allow for a strong impact on the Legislature. On other states, such as Oklahoma, the two big cities do not have the same impact on the legislature, and there is something of an "old boy" network that protects corrupt local governments and over-the-top police agencies. For instance, the last session of the Oklahoma Legislature repealed a previous restriction imposed on Big Cabin, a town of 400 located at the junction of I-44 and US 69 that is incorporated mainly to impose hefty fines from people leaving the Interstate at 75 mph and getting on US 69, which drops to 40.

That's a good bit of generalization. (concerning the Boss Hog mentality in small town governments)

The same mentality exists on a bigger scale as well. Corruption and hypocrisy know no rural vs. urban bounds, e.g. Eliot Spitzer. However, the local magistrate is part of the local political establishment, and has little reason to want to rock the boat. Even hiring an attorney will usually do no good, as such matters are often decided without a jury. You then have to weigh the cost of taking a day off and of hiring an attorney vs. just pleading nolo contendere and paying the fine.

Don't violate the law, and you're much less likely to face a jerk cop.

It is increasingly hard not to violate the law, and not just traffic laws, due to the ever increasing volume of regulations. A quote from Atlas Shrugged has proven to be prophetic.

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”

235 posted on 03/13/2008 3:40:34 PM PDT by Wallace T.
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