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Old 06-15-2023, 03:03 PM
 
421 posts, read 423,326 times
Reputation: 124

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Quote:
Originally Posted by Need4Camaro View Post
I will re-iterate that my approach of this argument has nothing to do with disobeying the posted limit, but not creating an obstruction to the general flow of traffic regardless of what that posted limit is, I.E. - do not be in the center or left lanes doing 65 when everyone else around you is breaking the law by doing 80.. ..both parties are at fault.. ..one for obstructing traffic, the other for speeding. following one law does not grant immunity from another, the answer is move over to the right lane as to avoid creating an obstruction.

As for doing 80 MPH in the general flow of traffic, in Georgia you would be correct that an officer 'could' single you out and citate you as Georgia has Absolute Speed limits although this is heavily unlikely as most cops don't bat an eye until you exceed 80 as the revenue in such a ticket is not worth the added risk of pulling out into high speed traffic and risking some inattentive cell phone driver collide into you while you're ticketing a motorist. You would be better off moving over to the right if you were in fear of exceeding the posted limit, Obstructing Traffic is another crime regardless of the posted limit and you would be guilty of doing so even if you were driving the posted limit and traffic flow was driving significantly faster.

While unrelated, to give you an idea that the posted limit is 'not' concrete evidence of speeding, many states have what are called prima facie speed limits, meaning even if you are exceeding the posted speed limit, if it can be concluded that you were doing so maintain safe operation of the vehicle (I.E. the flow of traffic), even if you were exceeding the posted limit, the real 'limit' of the roadway would be determined by traffic conditions, not the sign... I.E. if the posted limit was 75 MPH, and the flow of traffic was doing 90 MPH, if you were to be pulled over for it, you 'could' technically win the case if you could prove that you were driving within reason of the surrounding conditions.

https://www.drivinglaws.org/resource...eding-laws.htm

https://www.lawyers.com/legal-info/c...ed-limits.html
Once again, I want to emphasize that I didn't drive at 60 miles per hour in the leftmost lane (overtaking lane) nor do I have any intention of doing so. If I were driving at 60 miles per hour, considering the presence of many trucks and relatively slower vehicles in the rightmost lane, I would choose to drive in that lane. Of course, I would adjust my speed while observing the traffic flow. It doesn't mean that I would stick to a fixed speed of 60 miles per hour. If the traffic flow allows for faster speeds, I would go faster accordingly. However, if there is congestion caused by slower vehicles ahead, I would also slow down.

By the way, if you were to drive at 90 miles per hour and get pulled over by law enforcement, it would be difficult to prove that it was due to the traffic flow. Most likely, you would be held responsible in such a situation.
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Old 06-16-2023, 05:33 AM
 
16,177 posts, read 32,494,356 times
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Originally Posted by urbancuriosity View Post
Just wondering if the OP asterisked the city name for privacy or if the web site did it.
It was automatic.
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