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Anti Federalist
07-14-2013, 09:54 PM
They’re Making it Worth Running

by eric • July 14, 2013

http://ericpetersautos.com/2013/07/14/theyre-making-it-worth-running/

In my state (Virginia) you can be cited for “reckless” driving for exceeding any speed limit by more than 20 MPH. It sounds like a lot, but it really isn’t – because so many speed limits are preposterously low to begin with. I’ll give you an example: I-581 near Roanoke is (as the “I” plainly concedes) an Interstate highway. It is three lanes each direction and limited access (i.e., no traffic lights – just on and off ramps). Yet it is posted an absolutely ridiculous 55 MPH. Which means, driving a mere 76 MPH is sufficient to draw a “reckless” charge.

Meanwhile, 70 is perfectly legal on adjacent I-81 (which, incidentally, is only two lanes each direction). The same 76 MPH on that road would be – at most – a minor ticket.

However, Virginia has another nasty surprise in store for the unwary: Anything more than 80 on any road, anywhere in the commonwealth is also statutory “reckless” driving.

79 MPH – just a ticket.

81 – “reckless.”

This is no ordinary mail-in-the-fine-and-be-done-with-it ticket, either.

The cop can, at his discretion, arrest you on the spot and cart you off to the clink (and have your vehicle towed to an impound lot at your expense).

Usually, that does not happen – probably because the cops themselves know these “reckless” tickets are grotesque perversions of language. However, what will happen is you’ll be issued a piece of paper ordering you to appear at court (not optional) on such-and-such a date, where – if convicted – you’ll be slapped with six DMV demerit points (vs. the usual speeding ticket’s three or four) a huge fine (several hundred bucks, at least) a likely suspension of your “privilege” to drive – and the absolute certainty that your government-mandated insurance premiums will double for the next several years at least. Obviously, hiring a lawyer to game the system is essential.

But either way, you will pay.

Best case, you’ll avoid the conviction – but there’s no avoiding the lawyer’s fee. $700-$1,000 or so is the going rate. Worst case, you’ll be convicted. Which means in addition to the lawyer’s fee – which you’ll pay regardless - you’ll also pay the fines levied by the court, as well as the jacked-up insurance rates for years to come.

The total cost if convicted of “reckless” driving can easily amount to thousands of dollars.

All for the Great Crime of driving 76 on an Interstate highway where everyone is doing about the same thing – and nothing unsafe (much less ”reckless”) about it. Ditto 66 in an under-posted 45 zone – or 82 in a 70 – and so on.

Which brings me to the following. It is a natural – a normal – thing for a prey animal to flee from a predator. No one expects an antelope to just freeze in place and await the lion. Most people, if they saw such a thing, would consider it odd. What is wrong with the antelope? Doesn’t he see the lion?

It’s interesting that many of these same people nonetheless expect two-legged prey to stand still for two-legged predators. It is a remarkable thing. A manifestation of cognitive dissonance – what I like to call Cloverism (see here for more about that).

Of course, it will be argued that the two-legged predators in question (cops) are not going to kill you. It is merely implied (though of course, sometimes they actually do kill their prey). All that cop’s going to do, these people will say, is hand you a ticket. Instead of all your flesh (as per the antelope and the lion) the two-legged predator merely wants a pound or two.

But, the balance is tipping.

When the lion-cop just takes a small bite, it is bearable. Which makes it worth not running. But what happens when the antelope-driver knows that to not run (to “pull over”) entails the certainty of a judicial mauling – as in the case of Virginia’s “reckless” driving statute?

There is every incentive to run.

I wonder whether this has occurred to the lions (er, cops). They had a pretty sweet racket set up. It operated on the principle of just a little – but not too much. Everyone – even lions – does a cost-benefit analysis. It need not be a conscious process. Lions – the actual animals – will instinctively refrain from pushing their luck. They will not, for instance, attack the strongest-looking animal in a herd. And nature herself always strikes a balance between predators and prey. Not enough lions – and the antelopes run amok. Too many lions – and in short order, there aren’t enough antelopes left for them to eat – and the lions starve.

On the roads, the antelope are becoming restless. The resentment – the outright hate – is simmering. It may boil over. Back in the days when we had what amounted to an American version of the banana republic mordita – the simple bribe, a small amount of money changing hands and then on your way – it was worth it to play along. You pulled over, you played your role in the sick little farce of pretending you did something objectionable (as opposed to merely illegal) and that your were sorry. You accepted the unctuous lecture, took your “receipt” – and paid the damn fine.

The stakes are much higher now.

As the police state congeals – as what the late great Sam Francis tagged anarcho-tyranny (i.e., the increasingly brutal treatment of ordinary people over trivialities concurrent with run-amok real criminality which the powers-that-be refuse to do anything meaningful about) becomes the defining characteristic of our rapidly receding republic – it occurs to the “antelope” that attempting to avoid the “lions” is a risk worth taking, in view of the certain fate that awaits those who do not make the attempt.

Soon, it may develop that the two-legged antelope do something else. Something the real antelope never do.

They may stand their ground. And turn and fight.

The lions have given them no alternative.

ammorris
07-14-2013, 10:01 PM
Reckless driving for 10 over in a 70 is absurd.

enhanced_deficit
07-14-2013, 10:08 PM
Thanks for warning.

Florida Speeding Laws:

Discover the expert in you.
Difference Between Unlawful Speeding & Reckless Driving in Florida

By Kathy James, eHow Contributor

According to the Florida Statute, the purpose of the Florida Uniform Traffic Control Law is to "make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." It is unlawful for any local jurisdiction to pass or attempt to enforce a traffic ordinance that is in conflict with the Florida Uniform Traffic Control Law. The state of Florida has a numerous amount of traffic laws; unlawful speeding and reckless driving are two common infractions yet they are very different from each other.


Unlawful Speeding Punishment of Unlawful Speeding

Reckless Driving

Punishment of Reckless Driving

Unlawful Speeding and Reckless Driving

Per the Florida Statute and the Florida Uniform Traffic Control Law, the driver of a vehicle is to control his speed as necessary to avoid colliding with any person, vehicle or other object. The statute states all mandatory speed limits; varying on different road types (i.e highways, local roads and residential roads). A driver in violation of these laws may be subject to a noncriminal traffic infraction and punished as a moving violation.
The punishment of unlawful speeding can vary. One form of punishment is points on a drivers license. The point system is as follows: unlawful speeding that results in an accident, six points; unlawful speeding 16 miles per hour over the posted speed limit, four points; unlawful speeding 15 miles per hour or less over the posted speed limit, three points. The point system has several outcomes; a driver's car insurance may increase and the driver's license can be suspended because of points. The driver's license suspension because of points is based on the following: 12 points within a 12-month period, license suspended for 30 days; 18 points within an 18-month period, license suspended for 3 months; and 24 points within a 36-month period, license suspended for 1 year. Another form of punishment for unlawful speeding is traffic citations, which result in fines.
Per the Florida Statute and the Florida Uniform Traffic Control Law, the driver of a vehicle who drives in willful or wanton disregard of the safety of people and/or property is guilty of reckless driving. There are different classifications of reckless driving, and each of those classifications are punishable in different ways. According to the Florida States, examples of reckless driving include fleeing a law enforcement officer in a motor vehicle and the operation of a vehicle that causes damage to property or a person. When a driver is charged with reckless driving, the court may classify that charge as reasonable cause to believe the driver has been using alcohol or another chemical substance.
Per the Florida Statute and the Florida Uniform Traffic Control Law any person convicted of reckless driving shall be punished. Punishments of reckless driving vary on the classification of the crime. The first conviction of reckless driving may be punishable by imprisonment for a period of no more than 90 days or by a fine of no more than 500 dollars. The second and all subsequent convictions of reckless driving may be punishable by imprisonment for a period of no more than 6 months and/or by a fine of no more than 1,000 dollars. If the court deems the reckless driver was using alcohol or another type of chemical substance, the driver may be required to complete a DUI (driving under the influence) program within a time frame specified by the court. Loss of driving privileges and fees may also be required of the reckless driver convicted of a DUI.
While both offenses are serious and punishable by fees, reckless driving punishments are typically more severe than those for unlawful speeding. Some forms of reckless driving may even require court hearings and/or special programs that the reckless driver must complete.

http://www.ehow.com/print/about_6556129_difference-speeding-reckless-driving-florida.html






NOTES: Effective Oct. 1, 2008, a new speeding violation can be written
under 316.1926(2) for violators who exceed the speed limit in
excess of 50 mph. * Fines for 1st offense is $1,000, 2nd offense
is $2,500 and 3rd offense is $5,000.

straight from Florida Uniform Traffic Citation Manual - Appendix C

http://hsmv.state.fl.us/ddl/utc/

DamianTV
07-15-2013, 12:35 AM
There is a problem with that quote. Blacks Law Dictionary defines the difference between Unlawful and Illegal as easily as there being a Victim (Unlawful), and No Victim (Illegal). Unlawful can only be applied when another human being has been harmed in some way shape or form. Illegal is a violation of a Civil or Municipal Code where there is no actual human being that has been injured. And Speeding is usually used as the very violation that defines the difference between the two.

There can be no such thing as Unlawful Speeding unless the driver actually hit someone else or damaged someone elses property. Then it doesnt fall into the category of Speeding, it falls into the category of Collision. When there is no Victim, it is not legally possible to define something as Unlawful. Thus Speeding can only be Illegal. Now in terms of where there is a Victim (Unlawful) due to the result of a Collision, that varies from state to state however as some states have "Fault" Accidents (driver at fault of the accident) and "No Fault" Accidents.

I'll say it again for the record: Unlawful Speeding does not and can not exist.