hjeg2 wrote:
No I don't see that at all. If you are prosecuted for breaking the speed limit and you were breaking the speed limit, but the police brought the wrong type of speeding offence against you (I don't know how these things work as I've never been prosecuted for speeding), then you are still morally in the wrong
The law is not about morals, a moral argument wil always fail if not backed-up by law. Lets put a simple scenario up: A man is driving in a single carriageway NSL (60mph). He reaches a road junction, no change of limit posted (IE: 30/40/50 etc)(on both sides of the road). He turns left into another single carriageway and carries-on at his up-to-sixty speed. No road lights. After a half mile he sees a posted sign repeater (40), so he slows to 40. He had already been caught on camera at 55. He did not know the speed limit was 40, because he had come out of a 60 into the 40 but there were no signs to tell him the limit, the 40 repeater was his first indication. Wrong in law ?
He was prosecuted for speeding and was found not guity because the signage was incorrect. Naturally, the police and SCP were aghast. In spite of their knowing of the problem. In your world, a moral wrong justifying a guilty verdict. Courts only operate on law, morals are a people-thing.
The same [sort] of case happened on a dc near work, when road works meant a 40 limit operated BUT this was not posted on a slip road used by traffic joining the dc. Consequently, all the prosecutions obtained by the speed camera van, parked IN the roadworks and obscuring the 40 sign on that carriageway were invalid. All those appealed were revoked....NOTE: ONLY those appealed.
hjeg2 wrote:
Eh? I'm only talking about putting up an additional sign to reinforce the message about what the current limit is, not change it - did you think that I was talking about something else?
So the speed limit was 30 because of the type of road or whatever, and then it failed to become a 30 because a speed limit indicating 30 was put up? If that is the case then, yes, LEGALLY you are in the clear but morally certainly not!
And I thought that the point of this whole site was about doing the right thing rather than the legal thing?
The whole point of courts is doing the LEGAL thing, and leaving morals to those mentally equipped and interested. Law changes slowly, morals change where and when you are.