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Challenging Speeding Laws?

April 30, 2009 By Trey Garrison 3 Comments

One of my favorite law blogs (right up there with Grits and Bob Loblaw’s Law Blog) is by Robert Guest.

His latest entry, if I’m understanding it, is he may be challenging the very nature of speed limit laws against the state’s rule on whether the driver is “reasonable and prudent.” Which is to say, maybe going 10 mph too fast isn’t necessarily meeting that standard. Check for yourself.

Filed Under Capitalist Superheroes, Police

Comments

  1. Robert Guest says:
    April 30, 2009 at 9:55 am

    I’m considering setting a trial and making the state prove my imprudence and blogging the experience. I figured it would make good blogging material.

    I’m not going to SCOTUS with this. I want Texans to realize that over the speed limit does not mean you are guilty of speeding.

  2. Dallasite says:
    April 30, 2009 at 11:01 am

    Good for you, Robert. I wish you the best of luck.

  3. Robert Guest says:
    April 30, 2009 at 11:16 am

    Thanks,

    I need to confirm that this court (Wilmer) is not a court “of record”. If so, I can have my jury trial, and if I lose I get a de novo appeal. That way I can have a trial, and if I’m not successful I can still go to an appeals court and asked for deferred.

    Also, I’m waiting on a decision on LIDAR techonology from the court of criminal appeals. LIDAR was allegedly used in my case and it hasn’t been subject to a Kelly/Daubert gate keeping hearing. COCA will probably rule that it doesn’t matter and that LIDAR is fine, but if they don’t I might have another angle.

    I might make this an open source ticket project so if anyone has a great idea or something creative let me know.