Quote:
Originally Posted by TiltonBB
I found this portion of the record interesting. Apparently the NH speeding laws are not based just on the numbers: 42 MPH in a posted 30 MPH zone, but found not guilty by the court.
"The court found that Amatucci had been travelling forty-two miles per hour in an area where the posted speed limit was thirty miles per hour. The court further found, however, that the prosecution had failed to prove beyond a reasonable doubt that Amatucci had been travelling at a speed that was "unreasonable and imprudent for the conditions existing," and that it had therefore failed to prove a violation of the state speeding statute, N.H. Rev."
I am NOT bringing up an OLD argument but I wonder if the speed limits on the water are written the same way? As long as your speed is reasonable and prudent................
I don't want to take the time to do the research but someone with a lot of free time could probably figure this out. Hello Less?.....Less?
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There are two types of speed limits....prima facie and absolute. In NH virtually all speed violations are prima facie, including roadways, waterways and ATV/Snowmobile trails. 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.
Other States observe the “absolute” principal. In an “absolute” State, the posted limit is the absolute limit and the State only needs to prove that the limit was exceeded.
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.