Karsten Hagen
Hello.
Obvious Garmin plug here.....if you use an Edge computer and upload the ride
to Garmin Connect, it will show your speed as you are moving on a map, as
well as when and how long you stopped (or didn¹t stop).
Karsten Hagen
On 4/13/10 4:07 PM, "Mark J. Ginsberg" wrote:
>
> So, enough people wrote to me privately that I figured I'd write to all
> concerning my statement that speeding is not the same as not having a
> speedometer.
>
> first, for those who don't know, yes I am an attorney, and yes I do this stuff
> for a living, but no, this ain't legal advice. just my observations.
>
> In general there are 3 groups of "crimes", felonies (really bad), misdemeanors
> (not as bad), and violations (not too bad).
>
> for all violations intent/knowledge/mental state is not a factor, you either
> did the thing or did not, regardless of intent.
>
> so for traffic violations your intent or mental state is not a required
> element for conviction.
>
> so you can be speeding without knowing it, but you are still speeding. Your
> intent and/or your mental state while doing it are irrelevant to whether or
> not you were speeding.
>
> now I agree with one poster that bicycles are not required to have a
> speedometer, so if charged with the equipment violation of "no speedometer" I
> agree that the cyclist would most likely win in court.
>
> but if a LEO (that's geek lingo for Law Enforcement Officer) paces you, or
> uses radar and you have no proof you were NOT speeding, well you will probably
> lose the speeding ticket.
>
> Now I am aware of one ticket in NP where an OBRA member was able to use a
> power meter down load to show zero power twice at about the time of day the
> ticket was issued, and proved that those two zero readings were the two stop
> signs in NP. I think he still lost, but I don't recall.
>
> In general traffic court is designed to convict, so unless you've got great
> affirmative evidence that you didn't do "It" you will be convicted.
>
> please everyone, save the emails about burden of proof for TV court dramas or
> for when you go to law school, ok?
>
> so, yes if the cop says you were speeding and you say to the judge, but judge
> I don't have a speedometer, the judge would most likely convict you and say
> something like, "well, maybe now you'll either slow down or go buy a
> speedometer so I won't have to see you here again."
>
> Mark
>
> Mark J. Ginsberg
> Berkshire Ginsberg, LLC
> Attorneys At Law
> 1216 SE Belmont St.
> Portland, OR 97214
> (503) 542-3000
> Fax (503) 233-6874
> markjginsberg@yahoo.com
> www.bikesafetylaw.com
>
>
>
>
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