Rick C Johnson
The Basic Rule can be and is often superseded by local authorities as
noted. Therefore where you are stopped is a critical factor in the
arguability of the situation.
Your best course of action is to demonstrate your understanding of the
Basic Rule at the time you are stopped. I have avoided receiving many
citations this way. You will note the officer often initiates the stop
with a a statement such as, "I've stopped you because I believe you were
going a bit too fast."
Your immediate response should be something like, "No Sir, considering
the clear visibility and good road conditions I feel my speed was quite
reasonable." In inclimate weather I will also point out that I drive
that particular road and understand the different conditions I may
encounter. In winter I will point out that my vehicle is equipped to
monitor outside temperature so I will be forewarned if icy conditions
develop. Often, after the check for wants and warrants comes back clean,
it's "have a nice day."
The key is demonstrating that you are taking your driving
responsibilities seriously despite the fact that your speed maybe above
the 85th percentile.
Rick
Monty Hill wrote:
>One thought that is often overlooked. In Oregon we do not have speed limits. Did you ever notice that when you drive from Washington, Idaho, California all the signs say SPEED LIMIT 75 etc, as soon as you hit Oregon the signs posted say SPEED 65. There are however speed control corridors for example in Salem the posted sign does say SPEED LIMIT 65. In these areas you are much more likely to get a ticket for going 75.
>
>In Oregon we have the basic speed law which essentially states that one must drive for the conditions. So you could go in and argue you were simply driving for the conditions. This usually only works in areas out an I 84 past Mosier where the road is dead straight and you can see 5 miles in front of you and 5 miles behind you without a car in site. You could argue your way out of ticket here as long as you were doing under 80. I have been passed by state trouper, not in pursuit, when I was doing 75.
>
>However the courts usually defer to the officers discretion.
>
>
>
>>>>scott klinger 8/23/2006 6:08 pm >>>
>>>>
>>>>
>1. plead not guilty, set a court date, hope the
>officer doesn't show up to court and it gets
>dismissed....
>2. pay the ticket as described on the back of your
>yellow copy, realize what a great learning opportunity
>it is...and.....
>3. next time, slow down....
>
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