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Originally Posted by Ski Man
Skip,
Can you give any specific examples where a court has released a speeder on this basis? Was this in NH? Where in the statutes or case law is this burden on the officer addressed?
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There are two basic types of speed laws......prima facie & absolute.
If you go read New Hampshire's speed regulations (RSA 265:60) you will find that exceeding the speed limits posted in most cases is prima facie evidence that you violated the RSA. Therefore most of New Hampshire's speed limits are prima facie limits. Basically, prima facie means "sufficient to establish fact or case unless disproved". That's where the individual cited has an opportunity to go to court and plea his case that the speed cited given the conditions at the time of stop were not unreasonable.
The second type of speed law is absolute. RSA 265:60 makes speeding on the 65 MPH turnpike system an absolute violation by clearly stating that no person shall travel beyond the posted limit. Several surrounding States also have absolute limits, where the State must only prove that you exceeded the limit, not that the exception was unreasonable.
Each Department in New Hampshire is well aware of the preferences of the Court they prosecute in, and each has their own internal guidleines as when to stop a speeder and give that person a warning or summons. There is also great latitude given to the individual officer to use his own discretion when dealing with speeders. There is no "etched in stone" speed windows that you can guarantee yourself a not guilty finding, just general guidelines that officers learn through training and experience.
One of the key points to this whole debate will be how the final law is drafted. Will the 45/25 limits be addressed as prima facie limits or will it be an absolute limit.
Please read RSA 265:60 carefully. I believe the latitude I describe is self evident in its language:
http://www.gencourt.state.nh.us/rsa/...265/265-60.htm
As always, please feel free to PM me if you have any additional questions....
Merry Christmas,
Skip