Cops: They Never Break The Rules:

5-0 Kenpo

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Note to self... In Illinois you can be ticketed for driving 5mph because the law states you only have to be going fast enough to "endanger the safety of any person or property."

But seriously, here's a question for you... who determines if you are traveling at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway?

If I am on the expressway at 2am and there are no cars, Ive graduated from a driving acadamy, or am a professional race car driver in a high performance car... isn't "reasonable and proper" for me different than for Johnny Sixteen who just got a licence from the DMV that afternoon and is driving Mommy's Rollover Special?

Who decides that? The Cop who pulls me over? He doesn't know my capabilities or vehical condition... That's why I hate Legalease and the way laws are written.

The cop can make a judgement based on his perceptions. But remember, you can still have your day in court during which your professional expertise could become a factor. That's up for a judge to decide.

And you are right, if you drive 5 MPH straight into a pedestrian (absent any other considerations
) you could be charged with speeding. Where this becomes particularly relevant is in traffic Collision reports. The primary collision factor would be "excessive speed". But more often then not, this type of wording usually helps the citizen rather than hurts.
 
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