Penalty for greatly exceeding the speed limit in Virginia This question is inspired by my GPS being overly literal-minded, and complaining about the fact that the airplane I was riding in was going somewhat faster than the speed limit for the road it was flying over. Say your airplane really did get pulled over for going 471 miles per hour in a 45 zone. What penalty would you be facing?
According to Virginia law, Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor. That speed easily qualifies as reckless driving: A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit. The punishment for a class 1 misdemeanor is "confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both." But wait! An airplane is heavy, so this may also apply: If it is found by the judge of a court of proper jurisdiction that the violation of any provision of this title (i) was a serious traffic violation as defined in § 46.2-341.20 and (ii) that such violation was committed while operating a vehicle or combination of vehicles used to transport property that either: (a) has a gross vehicle weight rating of 26,001 or more pounds or (b) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds, the judge may assess, in addition to any other penalty assessed, a further monetary penalty not exceeding $500. By the way, I couldn't find a general reckless endangerment statute (unrelated to specific objects like firearms or specific results like injury or death) in Virginia law. The closest thing I could find was disorderly conduct, which is also a class 1 misdemeanor. It's possible I just don't know where to look.
You are referring to Michigan State Police v. Sitz 496 U.S. 444 (1990). It does not require or suggest a requirement of advance publication of any details regarding the checkpoints. The dissent mentions that "a sobriety checkpoint is usually operated at night at an unannounced location. Surprise is crucial to its method." This point was not countered or even mentioned by the majority. In this case, a state committee had created guidelines setting forth procedures governing checkpoint operations, site selection, and publicity. The mentions this as a background fact, but does not rely on the existence of these guidelines as a requirement for the constitutionality of checkpoint stops. It does contrast checkpoints with "roving patrol stops". Quoting from Martinez-Fuerte 428 U. S. 543 (1976), the majority in Sitz said: "at traffic checkpoints, the motorist can see that other vehicles are being stopped, he can see visible signs of the officers' authority, and he is much less likely to be frightened or annoyed by the intrusion". There are state guidelines, some states have constitutions prohibiting sobriety checkpoints (lots of case law at the state level regarding this), and some state legislatures have made these illegal. In Sitz, the checkpoints were being operated subject to guidelines developed by the Sobriety Checkpoint Advisory Committee (of the State Department of Police). Federally, the NHTSA has guidelines on visibility and publicity towards the goal of effectiveness.
I've never heard the phrase used this way, and it wouldn't make any sense, anyway; &quot;indemnity&quot; is security against a consequence, so the existence of civil and criminal consequences would be a double non-indemnification. Maybe ask the lecturer for a published example of this usage.
From Rule 170 of the Highway Code: watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way If this was indeed the case, then it suggests that the OP had right of way, and the driver was at fault. In any case, the driver should have indicated before turning.
I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here, Question 1: If I understand this right you have a law that you do not enforce that carries moderate sanctions and you are asking that a law that you do not enforce with greater sanctions will be a greater deterrent? Well ... no (see here). If you want to stop the behavior you have to enforce the sanctions that you have in a fair and impartial way. I would suggest that you make it very clear that starting in early September the laws will be enforced - that gives people fair warning. Then, each weekend in September you bring in enough police (State Troopers?) to enforce the law. Its not going to take many $250 fines to make people stop. Question 2: No comment. Question 3: No comment. Question 4: Sounds like a good way of getting the city sued for negligence; just because people are breaking the law does not make it legal to hurt them. If you are serious then fencing the entire area may be worthwhile but the area would still need to be policed.
Despite the lengthy background, the only question seems to be: Can a police officer lie about a consequence of a traffic violation they charge you with? As a matter of constitutional law in the United States, that answer is generally &quot;yes.&quot; States can impose more limitations if they like. Only a small minority of states actually do so. Incidentally, an attorney, such as a deputy district attorney, is not allowed to lie about the consequences of a traffic violation, or anything else (even in extreme circumstances like a hostage situation). This violates the rules of professional conduct applicable to all attorneys. This sounds like a classic &quot;driving while black&quot; situation and is probably involves unconstitutional discrimination by a government official, although proving that in an individual case is virtually impossible.
england-and-wales The OP's linked question seems to cover the placement of cones on the road. The relevant legislation (from which some of the Highway Code derives its rules) and potential offences for the parking described are: Wilful obstruction, contrary to section 137, Highways Act 1980: (1) If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.(i.e. £1,000) And Leaving vehicles in dangerous positions contrary to section 22, Road Traffic Act 1988: If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road, he is guilty of an offence. (also £1,000 maximum fine)
What legal problems might you run into? Well, you'd be violating 47 USC 301, which requires a license for anyone broadcasting in the United States. Penalties for that are given in 47 USC 501 (a fine of up to $10,000 and up to a year in prison), 47 USC 502 (an additional fine of $500 per day of violation), 47 USC 501(b)(2)(D) (forfeiture of up to $10,000 per day, with a maximum of $75,000), and 47 USC 510 (forfeiture of your equipment). "Just outside the FM band" on the low end (below 88 MHz) is television channel 6, while on the high end (above 108 MHz) are frequencies used for airplane navigation. If your transmission interferes with a licensed user of channel 6, you're also in violation of 47 USC 333, which carries much the same penalties as violating section 301, but without the forfeiture of equipment. If your transmission interferes with air navigation, you're in violation of 49 USC 46308, which carries a penalty of up to five years in prison and a fine of up to $5,000. Honestly, you'd be better off broadcasting inside the FM band: there, you can broadcast without a license under 47 CFR 15, which limits you to a broadcast power of 250 microvolts per meter at 3 meters (basically, you can broadcast to anyone in your house or maybe the next house over).