8.13.2009

Traffic Ticket Talk

Most people don't know that it is not a crime in Texas to travel in excess of the posted speed limit so long as the speed is "reasonable and prudent under the circumstances." But the State starts with the presumption that a speed over the speed limit is "prima facie evidence" that the speed is unreasonable. (I explained this before here.) That being said, a conversation with someone in authority yesterday got me thinking. He said that to be traveling at a speed that is "reasonable" requires some proof that there is a "reason" for the excessive speed. That is, "reasonable" conduct means there is a "reason" for your conduct. In everyday language, is that what "reasonable" means?

17 comments:

Anonymous said...

Unreasonable example:
Bleeding profusely and trying to get to a healthcare facility for treatment
Reasonable example:
Racing to get home in time to watch Britney on the Teen Choice Awards

If the prosecutor or judge knows you at all, you walk!

HHL said...

no. your "person in authority" is making a logical error by assuming that the speed is "excessive". Whether the speed is excessive is the very question under discussion. (of course this is a classic example of the oft-misused phrase "begging the question", which is a logical fallacy and does not mean "brings up the question".)

Anonymous said...

It's reasonable to believe Banjo's will never as popular as they once were.

Anonymous said...

Reasonable speed? Then get the old folks off the road who drive 40 in a 70. Pisses me off!

Anonymous said...

If you live long enough, you will also get old.

Anonymous said...

It's not the 40 in a 70 that is so bad as the 40 in a school zone. Some of these old farts drive 40 no matter where they are or who is around. They also tend to not yield at a cross walk. Damnit, I guess being old makes them exempt of that while also giving them the right to walk out in front of you anywhere at will while demanding the right of way from you without question. The old idea of being right all the time because I'm old!

Anonymous said...

Six comments. Five are pointless. Banjo Man, you rock

Anonymous said...

I hope when I'm old I have enough sense to hand over the keys before I drive like an idiot. Age doesn't give them the right to put others in danger any more than drinking does.

Anonymous said...

11:28

I think your attitude will eventually evolve!


Old Fart

House of R and R said...

I agree 11:28! I just followed some old man down 407 going 35-42 MPH. The speed limit is 55 or 60 (not sure). That was the longest 7miles I've ever been on in my life. It took us 18 minutes. When we reached Justin he was speeding thru town 12 MPH over the speed limit! I finally got up beside him to see a little old man rubbing the top of his bald head.

Anonymous said...

That wasn't his head he was rubbing.

Anonymous said...

12:50, sounds like you are part of the problem. Quit being part of the problem and call a taxi!!

Village Idiot said...

Man some posts just attract nothing but idiots.

p.s.--this is one of those, and me too I guess

Anonymous said...

Banjo Man, do you belong to Banjo Anonymous ?

Anonymous said...

I don't think I've ever heard of the term "reasonable" being argued as meaning "to have specific reason to...". "Reasonable" is usually defined as having some sense of being common thought...as in "it is what a majority would assume as prudent". I think the LEO you talked with would be on thin ice with his/her definition.

Anonymous said...

Easy it all depends on what is chasing you.

Anonymous said...

Well, it depends on what the meaning of the word "is" is!

Sound familiar?