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A Speed Question....Bodie I'd like your thoughts on this...

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  • A Speed Question....Bodie I'd like your thoughts on this...

    First off, I'm currently living in texas....but humor me b/c I'm genuinely curious.... From the Oklahoma Driver's Handbook reguarding speed laws
    "No motor vehicle shall be driven at a speed greater than or less than is reasonable and proper, having due reguard to the traffic, surface and width of the highway and of any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit him to stop within the assured clear distance ahead"
    Ok, so does this mean if the speed limit is 65mph and it's dark and rainy....obviously I'll slow down to aviod a wreck....it's common sense. BUT, does this also mean that on a clear and sunny day with little traffic driving on I-35 I can drive 80 and not get a ticket??? (and yes, occasionally traffic on 35 isn't bad...but it doesn't happen often) If I'm reading this correctly....the posted speed signs are to be used as guidelines based on conditions? What about on a well paved two lane road with almost no traffic? (think 281 for some of you texas or oklahoma ppl...) Will DPS or someone write a citation for 80? what about 90? I could definately understand them writing someone for going 55 in a 55 when they should be going 40 b/c of conditions.....but how would you write the excess speed violation? Does the officer just determine what should be reasonable? Or am I just misunderstanding what I'm reading? thanks guys

  • #2
    Speed limits are set for the optimum conditions possible. So yes you are misunderstanding what you are reading. Legally speaking there can be a lower speed deemed reasonable and prudent but not a higher speed.

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    • #3
      In simpler words we call it speed unreasonable for conditions. So if speed limit is 65 and it's foggy and icy 65 would be judged unreasonable and if an accident you would or could be charged with that offense plus or failture to control.

      All roads have a speed limt and if you exceed that speed limit you are subject to a citation.

      Officer makes determination and it is either unhled by or dismissed by court. There is a place on cictation that allows you to note weather conditions and a narrative section on back of hard copy that court gets.
      Last edited by Bodie; 09-03-2005, 05:59 PM.

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      • #4
        ok...

        so does that mean I'd still get a ticket for going 80 in a 70 on a freeway with clear weather on a day w/ little traffic?

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        • #5
          Exactly. I'ld write that one gladly

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          • #6
            Originally posted by FutureLEO04
            Does the officer just determine what should be reasonable? Or am I just misunderstanding what I'm reading? thanks guys
            Here's an example of how I used to use that statute, which exists in a similar form in most states: in the city where I worked, we would get about three good snowstorms a year. The streets would be icy and extremely slick, and people were mostly not skilled at driving on it. People seemed to think that the same posted speed limits applied as when the streets were clean and dry. When I saw someone spin out on a turn or slide through an intersection when they couldn't stop, I'd write them for "speed too fast for conditions." Just about every one of them would argue the posted speed limit, but I don't think I ever saw one of those citations dismissed.

            You probably won't run into this specific problem much in Texas or Oklahoma, but it illustrates an application of the statute.
            Tim Dees, now writing as a plain old forum member, his superpowers lost to an encounter with gold kryptonite.

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            • #7
              Here in Oregon we have a similar law called the basic speed rule which is stated very much the same way. You can go the speed appropriate to the conditions blah blah blah, but the Oregon supreme court has interpreted this as conditions equal to the posted speed limit is good conditions and on roads where there are no posted speed limits then 55 mph.

              In bad weather I could hypothetically give a ticket to someone going 55 mph on a dark and stormy night on a 55 mph posted area.
              Illegitimi non carborundum - Don't let the bastards grind you down.

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              • #8
                Why would you call yourself "pigvomit" That's just wrong.

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                • #9
                  In CA, there are several speed laws. One is similar to the one you ask about(its called the basic speed law here). Others are maximum speed laws for different roadways. An example would be a 70 MPH speed limit on a freeway. Someone could be cited for doing 80 MPH in a 70 MPH zone. Same freeway and its raining, someone could be cited for doing 50 MPH when the safe speed in the opinion of the officer is 40 MPH. My guess is OK has similar laws that would prevent you from traveling in excess of the posted limit.
                  Cowboys in town. Trouble expected.

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