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by clairity 2825 days ago
i really dislike speed traps. i'd even support a proposition to convert all speed limits to suggested speeds (thereby abolishing fines for speeding). you could and should still punish dangerous driving, but speed by itself wouldn't serve as the threshold for unsafe driving.
3 comments

>> "...convert all speed limits to suggested speeds (thereby abolishing fines for speeding)"

The State of Montana had this until the late 1990's, when the Fed's finally forced Montana into having a speed limit again by threatening to pull all Federal highway funding.

Other fun facts are that you could get a driving license at 14 years old (or a "ranch driving license" at 12 in some semi-rare cases), there was no seatbelt law, no motorcycle helmet law, and no law against drinking and driving[0].

[0] There was a law against being drunk while driving, but not a law against drinking while driving. This lead to the classic canard: "How far is it from Butte to Helena?" "Oh about four beers."

Problem with that is that for the most part speed is a pretty objective measure —whereas “dangerous driving” isn’t, so will result in uneven interpretation/application.
As someone who was ticketed for going the speed limit on a bright sunny day on a rural highway with no other cars around, where the cop wrote down two different speeds and it just happened to be the last day of the month... I assure you it is not always objective. Cost me 5x to fight it what the ticket would have been, but it's the principle of the matter.
I'm not discounting this issue. I'm sure it happens but: 1. having a speed limit allows you to know the cop was objectively wrong (barring broken speedometer). 2. Imagine the leeway cops would have if they had the discretion in determining "dangerous driving". The abuse would be even worse.
Choosing to enforce a speeding law is still subjective though, so this wouldn't change much. We speed all over California, police choose to go after the most dangerous (or least conforming to community standards, or... some other even less good measure, like race).

Most policing is subjective.

I understand that but at least you know what to expect: “I’m going 42mph in a 35 zone, I might get pulled over and issued a ticket”, vs. “hmmm I wonder if going 35mph is dangerous driving, does passing a bike mean it’s dangerous? Does it being dusk mean it’s dangerous? Huh, I don’t really know”.
agreed. i considered that for a second, but i figure the real policy makers would spend a little more time thinking that part through. =)
After the US national speed limit was repealed in the 90s, Montana had no posted daytime limit. The law stated you had to drive "reasonable and prudent for conditions". The law got tossed by the state supreme court because there is no objective standard for reasonable and prudent.