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Subject: 
Re: Ticket prices going up
Newsgroups: 
lugnet.off-topic.debate
Date: 
Tue, 21 Jan 2003 20:55:59 GMT
Viewed: 
709 times
  
In lugnet.off-topic.debate, Larry Pieniazek writes:
In lugnet.off-topic.debate, David Koudys writes:

I also appreciate the effort of folks so they don't get bogged down into the
quagmire, where there will be 'weeping and gnashing of teeth'.  That said,
if there is a legitimate debate, or things you want to say, say it.   Say it
or do away with ot-d.  When folks are scared or apprehensive about posting
in here, what's the point of having the group at all?

I'm not scared, I'm not apprehensive, I'm just busy. Not SO busy that I
wasn't willing to toss one post in, but busy enough that I wanted to keep it
short. It's a large topic, it's been visited before, etc.

As for doing away with ot-d, I wouldn't equate terseness with wanting to see
the group abolished. I made my aspirations and desires w.r.t. ot-d (and for
all of LUGNET(tm), for that matter) clear in this post:

http://news.lugnet.com/off-topic/debate/?n=18612

and if you look at how discussion on it went, especially that one REALLY
long branch in the tree, the points I made that were questioned in the
beginning of the thread were sort of self proven by the end, wouldn't you say?

On the topic at hand, though, to the point of whether traffic laws are laws
or not ("infractions" vs. misdemeanors vs. felonies, if you like), there are
those (including most traffic court administrators and judges) that argue
that driving is a privilege, not a right, and that infractions are code
violations, not law violations, and that traffic court is contractually
administering your privilege and thus much of the thinking on the normal
rights one expects to have (including due process, presumption of innocence,
evidence proving things beyond a shadow of a doubt, right to face accusers
and the like) doesn't apply.

I'm quite familiar with that argument, since in my younger days I heard it a
fair bit while facing those very judges in court!  (1)

But unfortunately for the state, if one buys into that argument that the
state makes for its convenience in not messing around with messy old due
process, then speeding regulations are indeed not laws, and you are not a
law breaker if you flout them. You are merely a contract violator.
(completely demolishing your argument about the need to comply... only civil
penalties apply.)

However since the state has a (state granted, that is, self granted and
enforced via force) monopoly on the building of roads, and the issuance of
permits for conveyances to be on them and the issuance of permits for
operators to operate these conveyances... I find that argument spurious. The
state is trying to have their cake and eat it too, they act like it's law
when it is convenient and like it isn't when it isn't. I hold it to be law
that the state is imposing, not contracts that they are administering, and
if they deny it to be law and deny that you have legal rights in their
imposition, it makes for a particularly pernicious form of tyranny.

Given that we (I mean we USians, not you Canadians or Brits, you don't have
rights explicitly as we do) have a right to peacably assemble and a right of
free movement, isn't the state monopoly on roads and the monopoly on
regulation thereof a bit worrisome?  At least to those that mistrust the
state's motives and intent, anyway? If we can be denied the ability to drive
and also the ability to walk alongside a public road, how are we to exercise
that right of free movement? It's one thing for a landowner not to allow me
to cross his land, but when it's the state hemming me in and preventing me
from using a road (public property, mind you) that I in part paid for, I get
a lot more worried. (2)

1 - As an aside, we could discuss what the fastest one had ever gone while
in a car on a public road was, if there was interest... not sure there is
though. Let me say this, the trip through rural Germany on narrow two lane
roads at 225 kph that Ben and his co-conspirator Torsten took me on when I
visited them was nowhere near the top speed for me....

2 - so much for being too busy to post further. My requirements doc is now
farther behind and it's YOUR fault. No weight is to be given to the notion
that I chose to do this instead of writing technical prose... none. It's all
about you. :-)

++Lar

Now I remember why I appreciate you in .debate (as if I'd ever forget...) ;)

Not to give you a way of procrastinating...

The fastest I've ever driven myself was 190 kph.  It was in my new (then)
1986 Honda Prelude, and it was going down the Skyway Bridge, with the wind
behind me.  I was never so scared in my entire life, but 21 year olds seem
to think they can do these things and get away with them.

I am of the opinion that traffic violations are in the realm of any other
law.  I also believe that the punishment for breaking laws should suit the
crime--as in if you're breaking traffic laws, you should suffer with regards
to your licence, your car insurance premiums, etc.  But since that is what
already happens, I'm pretty much content.  I do say, as stated at the
beginning of this thread, that raising the price of tickets is something I
support totally, but that's just me.

The bottom line is that there are rules.  Yes sometimes rules are meant to
be bent and/or broken.  However there's a proper time/place/per rule for
these bends/breaks to happen.  Doing 160 in a 100 zone is not doing your
civic duty to get an unjust law' overturned, it's just you driving fast and
breaking the law.

I'll go to sit-ins, marches, demonstrations if I feel a law is unjust and
work with all the power I can to overturn said unjust law.  No rational
person believes that removing speed limits from roads is either safe or
just--it's just selfish and unsafe to others on the roadways.  Whether the
limit should be raised or lowered is another issue all together.

As to the gov't monopoly and withholding your right to free movement if they
take away your licence, as posted, your legs are not shackled--your free
movement is not limited.  If the gov't takes away your right to walk on
public walkways, then I'll be the first to start the sit-ins and protests.

If an officer pulled me over when I was doing that 190 on the Skyway, I
would have lost my licence and would have had to pay a very hefty fine,
deservedly so, for I broke the law.  As it stands, I got away with it (don't
feel too good about it but not bad enuf to turn myself in...) and lived to
face another day (miracle in itself) and life goes on.

Take care,

Dave



Message is in Reply To:
  Re: Ticket prices going up
 
(...) I'm not scared, I'm not apprehensive, I'm just busy. Not SO busy that I wasn't willing to toss one post in, but busy enough that I wanted to keep it short. It's a large topic, it's been visited before, etc. As for doing away with ot-d, I (...) (22 years ago, 21-Jan-03, to lugnet.off-topic.debate)

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