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Curious

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LdiJ

Senior Member
What is the name of your state (only U.S. law)? IN (but really any state for this question)

I went on vacation last week and drove my car for the very first time on a major highway, for a major distance. I drive a Kia Spectra, manual transmission and I discovered that my car really doesn't like to do more than 70mph, which was handy for me, since that was the speed limit for most of my trip. I tend to have a lead foot, so normally I catch myself speeding on long trips, but this time it didn't happen because I could feel it if I got over 70.

That got me to thinking...

If someone got a ticket for seriously speeding, when they were driving a car that didn't want to go that fast, would that be any kind of affirmative defense? Say a cop claimed he clocked me at 80, when my car didn't want to go faster than 70?

I am asking this merely for curiousity. I rarely drive on the highways simply because everywhere I go is within 5-8 miles of my home. I have had the car for two years and this was only the third time I ever used 5th gear...LOL.
 


FlyingRon

Senior Member
The "my car won't go that fast" argument generally is very hard to show. It may take a while to get up to 70+ but I bet it will. Further a little downslope will probably easy get it to those speeds.
 

OHRoadwarrior

Senior Member
You will still will lose the argument. I know a few truckers that have fought speeding tickets, by providing proof the truck they operated was governed at a certain speed. In one case, the judge refused to accept the evidence saying truck drivers can defeat the governor. In another, the judge lowered the speeding ticket to the governed speed of the truck and found him guilty. The first occurred in LA, the second in OH. It might fly if it reached computer shutdown speed, but I doubt it.
 

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