Quote:
Originally Posted by Skip
This requires the prosecution to prove (as cited in this case) that the speed recorded above the posted limit was also “unreasonable and imprudent”. There are a few exceptions to this rule in NH on some turnpikes, where the posted limit is “absolute” and the State only needs to prove you exceeded that limit.
Being a “reasonable and prudent” State is one of a number of reasons most law enforcement officials give leeway up around 12 to 15 MPH, to help ensure a conviction.
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It would be interesting to see a test case. Some mid-week September morning, with no boats in sight, would 75 MPH in the middle of the Broads be "unreasonable and imprudent"?.
I suppose it depends upon the officer, and ultimately the court, to make that determination. I would think that would be tough to prosecute and get a conviction.