What should be penalty for 20mph+ over limit speeding?

If the car was going 90 I'd see it as a lot different than 170. 20+ is a pretty wide range, I don't think you can lump all 20+ speeders in the same group. I'm sure I've done 20+ before, but 100 over? Probably not...

Assuming this highway was clear of all other vehicles the car would only be putting itself at risk. How could this car know the highway was clear of all other vehicles? Say the 170 mph car comes up on something that it needs to stop for. Takes a bit longer to stop from 170 mph than 70 mph. Less reaction time as well. I don't think you can say the car going 170 mph was only putting itself at risk. At least, there was the potential for other things to be present whether they were or not. Obviously it didn't have the reaction time to slow to 70 when it saw the cop.

sangha said:

First offense - huge fine
2nd - year suspended
3rd - jail

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that seems reasonable

500 dollar fine

year of TFD work privileges only

then 90 days in the county jail

MaggieD said:

Reckless driving; driving too fast for conditions; 100 miles over the speed limit; and whatever other books can be thrown at the idiot. I'd say jail time.

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A Summons for speeding, no warrants? Not drunk? Licensed driver? Insurance and registration? If it is all good,,,,,sign the citation here please!

year2late said:

Yup. Kinda self centered.

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Not if you are caught!

The Judge will deal the adjudication in court,,the Cop only reports the violation in Citation form. Penalties may change from jurisdiction to jurisdiction and state to state. I wrote thousands in 25 years,,,,,,never a 170,,,a few over a hundred but not many.

TurtleDude said:

what resources are lost?

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I was speaking to the financial resources lost by prosecuting and imprisoning the reckless individual.

The person who hit us at high speed was convicted of something like "reckless driving with proximate harm" . She took up some jail space for a bit and had at least 4 court appearances that I know of. Court time, arresting officer time, etc.

TO me, the damage was not just a civil manner, her behavior was criminal. The court saw it that way as well.

year2late said:

I was speaking to the financial resources lost by prosecuting and imprisoning the reckless individual.

The person who hit us at high speed was convicted of something like "reckless driving with proximate harm" . She took up some jail space for a bit and had at least 4 court appearances that I know of. Court time, arresting officer time, etc.

TO me, the damage was not just a civil manner, her behavior was criminal. The court saw it that way as well.

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we put too many people in jail for offenses that do not need incarceration to prevent the behavior.

fine the guy or suspend his license. or even forfeit the car if he continues. If that doesn't work then maybe jail. But not a first offense

TurtleDude said:

we put too many people in jail for offenses that do not need incarceration to prevent the behavior.

fine the guy or suspend his license. or even forfeit the car if he continues. If that doesn't work then maybe jail. But not a first offense

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Say some traffic crime results in death. Do we give everyone a freebie?

vvx said:

Say some traffic crime results in death. Do we give everyone a freebie?

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of course not. but that is like talking about someone shooting a pistol in a public park and then saying what if he kills someone

completely different issue

vvx said:

Say some traffic crime results in death. Do we give everyone a freebie?

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We give them a day in Court.

TurtleDude said:

of course not. but that is like talking about someone shooting a pistol in a public park and then saying what if he kills someone

completely different issue

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It is called Culpability!

Hiram said:

It is called Culpability!

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so you claim shooting a pistol into the ground is the same as shooting one into a person even if you weren't "INTENDING" to hit a person?

or driving fast is the same as crashing into say a bus and killing 14 kids?

TurtleDude said:

so you claim shooting a pistol into the ground is the same as shooting one into a person even if you weren't "INTENDING" to hit a person?

or driving fast is the same as crashing into say a bus and killing 14 kids?

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Circumstances prevail

(1) “Purposely.” A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;

(2) “Knowingly.” A person acts knowingly with respect to:

(A) The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or

(B) A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;

(3) “Recklessly.”

(A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and

(4) “Negligently.”

(A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.

Hiram said:

Yes,,,,,you need proof?

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no, its stupid claim you made, I have been an attorney going on 30 years.

the penalties are far different for reckless discharge of a firearm compared to recklessly shooting some one. driving drunk gets you 3 days in jail and a driving suspension-killing someone because you drove drunk gets you jail time

TurtleDude said:

no, its stupid claim you made, I have been an attorney going on 30 years.

the penalties are far different for reckless discharge of a firearm compared to recklessly shooting some one. driving drunk gets you 3 days in jail and a driving suspension-killing someone because you drove drunk gets you jail time

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Iffffffff Your an Attorney,,,why ask? Circumstances always prevail.

Now your gonna ask me,,"Is it not true" lol been there,,done that a hundred times in court,,,,did it really just happen?

TurtleDude said:

no, its stupid claim you made, I have been an attorney going on 30 years.

the penalties are far different for reckless discharge of a firearm compared to recklessly shooting some one. driving drunk gets you 3 days in jail and a driving suspension-killing someone because you drove drunk gets you jail time

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I know;(3) “Recklessly.”

(A) A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.

Hiram said:

Iffffffff Your an Attorney,,,why ask? Circumstances always prevail.

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"Your an attorney" Huh?

the fact is, the amount of harm one does goes a long way in determining sentence even if the "intent" was the same.

joko104 said:

A highway patrol car on a good condition 4 lane divided highway with a 70 mph speed limit, no other cars on the highway in a remote area picks up a sole car doing 170 mph heading his way on the other side empty and flat open area 2 lanes. A new Corette ZR 1 designed to go 200 mph. When the officer pulls across the center medium, the ZR1 driver (no passenger) pulls over anticipating being stopped.

What should the officer do and what should the penalty be?

Multiple choice, public vote.

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One thing that I think is unequal protection under that law is monetary fines that do not take into account the income and assets of then penalized. A $100 fine for speeding when the guy makes $25,000 a year is way more of a severe penalty that someone making $500,000 a year or someone who doesn't need to work because he has a million dollar investment portfolio. In my humble opinion fines need to be indexed to income and assets and not one size fits all.

TurtleDude said:

"Your an attorney" Huh?

the fact is, the amount of harm one does goes a long way in determining sentence even if the "intent" was the same.

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Again,,Culpability! No,,,,,I am no Attorney,,are you?

I frankly don't really believe in speed limits as a general concept. The Germans, for instance, get by mostly without them.

There's really no damn reason whatsoever why I shouldn't be able to drive 100 mph on a wide open well paved road in the middle of nowhere if I feel like I can handle it.

TurtleDude said:

no, its stupid claim you made, I have been an attorney going on 30 years.

the penalties are far different for reckless discharge of a firearm compared to recklessly shooting some one. driving drunk gets you 3 days in jail and a driving suspension-killing someone because you drove drunk gets you jail time

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What does killing someone with drunk driving get you usually in the U.S. and just drunk driving in general?

Smeagol said:

One thing that I think is unequal protection under that law is monetary fines that do not take into account the income and assets of then penalized. A $100 fine for speeding when the guy makes $25,000 a year is way more of a severe penalty that someone making $500,000 a year or someone who doesn't need to work because he has a million dollar investment portfolio. In my humble opinion fines need to be indexed to income and assets and not one size fits all.

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The Judge may do just that in a Criminal trial,,I have seen it happen. District,,,,or Traffic Court is more Generic on fines. There is usually not any discovery on speeding tickets or traffic fines unless a Criminal charge is levied,,,,,,then the judge might ask,,,,,or the Counselor files for discovery etc.

Gathomas88 said:

I frankly don't really believe in speed limits as a general concept. The Germans, for instance, get by mostly without them.

There's really no damn reason whatsoever why I shouldn't be able to drive 100 mph on a wide open road in the middle of nowhere if I feel like I can handle it.

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The Belgians and Germans have it figured out, we need higher speed limits or none at all.

Hiram said:

Again,,Culpability! No,,,,,I am no Attorney,,are you?

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uh yeah, I realize you haven't been around for more than a few days but obviously. and the penalties are very different for different outcomes even if the mens rea is the same.