speeding

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Pop Quiz on Dangerous Driving

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It is almost time for a new school year to begin, so I’m feeling in the mood for a pop quiz.

What driver behavior is associated with the most vehicle crashes in North Carolina?

  1. Speeding
  2. Driver Distraction
  3. Alcohol Consumption

 

What driver behavior is associated with the most injuries resulting from vehicle crashes in North Carolina?

  1. Speeding
  2. Driver Distraction
  3. Alcohol Consumption

 

What driver behavior is associated with the most vehicle crash fatalities in North Carolina?

  1. Speeding
  2. Driver Distraction
  3. Alcohol Consumption

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Speeding: Local Ordinance Violation or State Law Infraction?

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Suppose a North Carolina city adopts an ordinance establishing a local speed limit of 25 miles per hour for all city streets that are not otherwise marked. Signs are posted on city streets reflecting the 25 mile per hour limit. Absent this ordinance, state law would provide for a speed limit of thirty-five miles per hour inside the municipal corporate limits. The city’s municipal code provides that violations of its provisions are not governed by G.S. 14-4, which otherwise would render the violation of a local ordinance regulating traffic an infraction. The municipal code also states that speeding on a city street is punishable by a civil penalty of $75 and requires that payment be made to the town hall. A local law enforcement officer stops a car that is traveling 40 miles per hour on a city street. May the officer issue a civil citation to the driver, requiring payment of the $75 penalty?  May the officer cite the driver for speeding in violation of state law, an infraction?  May the officer choose between these two methods of enforcement?

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Bail Bondsmen Are Not Above the Law

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Post bail and skip out on court in North Carolina and chances are that someone other than a law enforcement officer will come looking for you. Bail bondsmen in this state have expansive powers to recapture their principals. Bondsmen may use reasonable force to apprehend a principal—even before a bond is forfeited. See State v. Mathis, … Read more

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When Officers Are Above the Law

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The television news magazine  20/20 aired video footage last fall of North Carolina law enforcement officers speeding on Interstate 40 near Raleigh. Reporters followed the police vehicles to determine whether they were chasing a suspect, rushing to a crime scene, or otherwise involved in an emergency. None were. One officer drove directly to a doughnut … Read more

Visual Estimates of Speed and “Slight Speeding”

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The Fourth Circuit recently decided United States v. Sowards, an interesting case about a traffic stop. The case arose when an experienced traffic enforcement officer stopped the defendant on I-77 near Charlotte. The basis for the stop was the officer’s visual estimate that the defendant was driving 75 m.p.h. in a 70 m.p.h. zone. During … Read more

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Do You Know How Fast You Were Driving?

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Recently, I blogged about limitations on a judge’s authority to enter a disposition of prayer for judgment continued in speeding cases depending upon the speeding charge. (You can read that post here.) The recent discussion regarding judgments in speeding cases begs the question of why specific speeds are part of the adjudication in the first … Read more