I don't know... the statute seems to be written to prevent people from rolling back odometers when selling the car. I'd be shocked if anyone would argue that it meant you couldn't drive a car with a broken speedometer while in the process of getting it fixed:
True Mileage Driven
28050. It is unlawful for any person to advertise for sale, to sell, to use, or to install on any part of a motor vehicle or on an odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven. For the purposes of this section the true mileage driven is that mileage driven by the car as registered by the odometer within the manufacturer's designed tolerance.
85 in a 65 on I-5 in San Diego, CA
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10-01-2006, 08:20 PMchpmagnetRe: 85 in a 65 on I-5 in San Diego, CA
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10-01-2006, 09:06 PMcdwjavaRe: 85 in a 65 on I-5 in San Diego, CA
Note the two words trailing some time after "It is unlawful":
28050. It is unlawful for any person ... to use ... any device which causes the odometer to register any mileage other than the true mileage driven.
Again, not knowing the manufacture of these things I do not know how they work, but logic would seem to dictate that the speedometer and the odometer have some parts and functions in common. If the speed is registering improperly it is quite possible that the mileage i also not registering properly.
Even so, it is not a defense under CA law to have malfunctioning equipment. A judge may take that into consideration and show mercy, but he or she does not have to do so. Your situation sounds reasonable, however. Had you been the owner of the car for years it might be less so.
- Carl -
10-02-2006, 10:40 AMchpmagnetRe: 85 in a 65 on I-5 in San Diego, CA
Oh no, I don't expect it to be a defense at all. I just want to be sure that the judge won't bust out with some additional fine when I bring it up, however, all things considered I doubt that will happen. The stupid thing should be fixed this week and I did everything in my power to get it fixed as soon as I noticed it was broken.
Speeding tickets are a funny thing though. I have to say that I really resent the government right now, something I never felt before. This ordeal is pretty much making a radical libertarian out of a mild-mannered good girl. I have less respect for the law now than prior. I wonder if the government realizes that this is a possible, and maybe probable, result of this particular revenue-making scheme. The CHP seems less like protection from anything, and more like tax collectors.
When you enforce laws that make criminals out of ordinary people, ordinary people will become criminals. -
10-02-2006, 03:44 PMcdwjavaRe: 85 in a 65 on I-5 in San Diego, CAWhy? Because you got caught speeding? I guess many people resent the law when they get caught ... but whose fault would that be?Quote:
Quoting chpmagnet
So ... precisely WHICH traffic laws should we chuck? All speed laws? Some speed laws? Any others?Quote:
When you enforce laws that make criminals out of ordinary people, ordinary people will become criminals.
Or should they just not apply to you? Or maybe not to otherwise good girls?
The thing about traffic citations is that they are almost always entirely avoidable. The only ones that might not be are equipment violations.
- Carl -
10-02-2006, 03:59 PMchpmagnetRe: 85 in a 65 on I-5 in San Diego, CA:D But of course! Nobody likes being forced to regurgitate $300 into the hungry maw of bureaucracy! Do you? Would it make you enamored of the government to be "caught" doing something that most people do every day and forced at gunpoint to pay up?Quote:
Quoting cdwjava
I think that all speed laws should be repealed. Every study done on this topic shows that people drive approximately the same speed no matter what the limit is, so there's no use to speed limits besides doling out tickets. The Autobahn isn't strewn with the lifeless drivers and smoking wrecks of vehicles that went 100.
In any case, I have been in quite a bit of danger over the past week, restricting myself to 65 as I have been. In my wee little car it can be very frightening when the big rigs go blowing past you, and the highbeams and tailgating in the right lane are embarassing!
There's no doubt about it. The 65 mph speed limit makes criminals of 95% of San Diegans, and I don't think that's what laws should do. Just my two cents. (Of course, as I'm a criminal it's probably not worth much) :p -
10-02-2006, 04:02 PMchpmagnetRe: 85 in a 65 on I-5 in San Diego, CA
Perhaps next time I should focus on not getting caught? Thanks for the advice ;)
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10-02-2006, 04:15 PMcdwjavaRe: 85 in a 65 on I-5 in San Diego, CAOf course not. :rolleyes:Quote:
Quoting chpmagnet
Perhaps a little more study is in order.
No ... but just ask the police there about the nature of the crashes they DO get. Not a whole lot of fender benders, either. When there is a crash on the autobahn, it's a bad one.Quote:
The Autobahn isn't strewn with the lifeless drivers and smoking wrecks of vehicles that went 100.
However, I-5 - particularly in the San Diego area - is not the autobahn and is not designed to handle on and off traffic at those speeds. If you want to support the creation of a bypass type roadway that allows for such breakneck speeds - perhaps parallel to I-15 - then go right ahead.
Then live dangerously and pump it up to 70. Or call the cops on the speeding big rigs since if they are doing 65 they are likely going over their limit.Quote:
In any case, I have been in quite a bit of danger over the past week, restricting myself to 65 as I have been. In my wee little car it can be very frightening when the big rigs go blowing past you, and the highbeams and tailgating in the right lane are embarassing!
I'm SURE you are staying at 65. ;)
Given that many portions of I-5 (particularly at the 5/805 split) are bottlenecked, going 65 can very often be a challenge anyway.Quote:
There's no doubt about it. The 65 mph speed limit makes criminals of 95% of San Diegans, and I don't think that's what laws should do. Just my two cents.
And don't hold your breath waiting for speed or other traffic laws to be repealed.
- Carl -
10-02-2006, 04:16 PMcdwjavaRe: 85 in a 65 on I-5 in San Diego, CAYou're welcome.Quote:
Quoting chpmagnet
- Carl -
10-02-2006, 04:40 PMchpmagnetRe: 85 in a 65 on I-5 in San Diego, CA
Hahaha... okay. I completely see your points, but you can hardly fault me for getting a little riled up. Nobody likes to get a ticket. Now we're just having fun.
I'm telling you, I learned my lesson about red sports cars. I was truly doing 65 all week. I finally did get up to 70 while driving to LA on Saturday... in a convertible the passing whoosh is shockingly loud! I was sure I'd be squashed flat any minute! At 70 I only got passed every 2 minutes, instead of every 30 seconds.Quote:
Quoting cdwjava
This is why everyone goes so fast when there's room, to get a nice 65mph average :DQuote:
Quoting cdwjava
I certainly won't. However, this is California. Marijuana is already practically legal, it's only a matter of time before laws start falling like dominos. Three cheers for anarchy! ;)Quote:
Quoting cdwjava
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10-04-2006, 12:18 PMchuckycheeseRe: 85 in a 65 on I-5 in San Diego, CA
The comments about the autobahn are interesting. I bought a new car in Germany and drove on the autobahn, off and on, for 2 weeks. A couple of things I noticed immediately was that the roads are in very good shape (unlike the "3rd world" roads in California)....I also noticed that the Germans are very good drivers (unlike in California where driving as turned into a right, rather than a privelege).
Here, you don't have to be able to read the signs, see the signs, be able to hear, be physically fit (beyond being able to climb in and out of the car) or show dexterity to any reasonable degree, at all. In Germany, they realize that driving an automobile is very serious business....and they take driver license requirements seriously, without regard to political correctness.
If we had roads where fast driving was permitted, it would look like a destruction derby.:eek: