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Set of cases dealing with motor vehicle speeding law

United StatesEdit

State v. Tropea, 394 A. 2nd 355 (NJ Supreme Court 1978)

  • The state has the burden to prove the speed limit for the stretch of road at issue. Courts may not take judicial notice of statutory speed limits to establish a speed limit for a particular road. Neither may a court take the defendant's testimony that they were attempting to keep at a particular speed as proof of the speed limit at issue.

District of Columbia v. Colts, 282 US 63 - Supreme Court of the United States, 1930

  • A defendant charged with a traffic offence that is allegedly malum in se (poses a risk to the public rather than just violating a traffic law) is entitle to a trial by jury.

State v. Stone, 572 NW 2d 725 - Minnesota Supreme Court 1997

  • As a rule, state traffic laws do not apply to members of an Indian band on their reserve without an express grant of permission from the federal government. (Note! Canadian law appears to differ on this point)

CanadaEdit

R. v. Hundal, [1993] 1 SCR 867 Case on CanLII

  • In cases of dangerous driving, the conduct of the driver should be considered on an objective standard (that of a reasonable person) rather than the subjective opinion of the driver.

MacDonald v. City of Montreal, [1986] 1 S.C.R. 460 Case on CanLII

  • An English speaking resident of Quebec is not entitled as of right to a speeding summons in English if the enabling legislation allows the use of either language.

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