A federal judge in Iowa upheld a 1mph over the limit traffic stop. Hopefully, this type of petty enforcement of the law will not have an effect Interstate 5 and Highway 395 drivers?

In U.S. v. Fuehrer, an officer clocked Mr. Fuehrer at 66mph in a 65mph zone. A mere two minutes later, a drug-sniffing dog was on the scene, and deputies arrested Mr. Fuehrer for transporting drugs. The judge allowed that there may not be enough evidence to convict him of the speeding violation beyond a reasonable doubt, because 1mph is within the margin of error for the radar gun. But the standard is different during traffic stops, because the officer need only have reasonable suspicion that the person violated the law.

The judge added that the officer’s subjective motive was irrelevant.

Setting the Speed Limit

For speeding ticket purposes, the question presented in this case is: why was the speed limit on a four-lane divided highway only 65mph? The answer goes all the way back to the energy crisis days of the 1970s, when Congress threatened to cut off highway funds from any state that did not lower its maximum speed limit to 55mph. Quite understandably, all states complied, albeit rather grudgingly.

But, cars today are much more sophisticated than they were 40 years ago, and they safely operate at much higher speeds. Moreover, many stretches of roadway have been extensively updated since the 1970s. The bottom line is that the speed limit is too low, at least in many places. This makes issuing speeding tickets for CHP officers on many stretches of the I-5 and Hwy 395 like shooting fish in a barrel.

Getting Legal Help

The aggressive lawyers at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-859-1177 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.