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Ah ha! Prima facie evidence in Speeding

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  • Legalbear
    I knew this was in Colorado Statutes and just found it. This paragraph is self-explanatory: 42-4-1101. Speed limits. (4) Except as otherwise provided in
    Message 1 of 1 , Oct 3, 2006
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      I knew this was in Colorado Statutes and just found it. This paragraph is self-explanatory:

       

      42-4-1101. Speed limits. (4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), "prima facie evidence" means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.

       

      Someone I know overheard a judge tell someone else that he was going to find anyone who came to his court making an argument based on the above paragraph not guilty of speeding. All they needed to do was assert that the speed was “reasonable and prudent under the conditions then existing.” In most cases the cop went faster than you did covering the exact same stretch of road to catch you proving that your speed was reasonable and prudent. Bear

       

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