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Originally Posted by Ski Man
Skip,
Can you give any specific examples where a court has released a speeder on this basis? Was this in NH? Where in the statutes or case law is this burden on the officer addressed?
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Happened to me twice while fighting "silly speeding tickets" in court, once in Plaistow and once in Salem. Both times the judge ruled that while he believed I was indeed exceeding the posted limit and I wasn't doing anything unsafe considering the conditions. He was, of course, correct.
I won another court battle similarly when I was cited for a double yellow line violation for starting to overtake a few feet before the dashed line started. There was no difference in visibility, just an issue with a painted line being in the wrong place. Why the police officer was so concerned about it was beyond me. That was in Wolfeboro.