Comment by smsm42 | Hacker News Reader

Comment by smsm42 | Hacker News Reader

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> you should be aware of its whereabouts at any given moment

Says who? If the car is mine, I am free to do with it whatever I like (of course, excepting criminal acts). I do not owe anybody an account of what I - or the care - did at any particular moment. If the car was used in the commission of a crime, it's up to the prosecution to prove I had something to do with it. If they think I know who did it - prove it and prosecute me under the law. You can't just prosecute because you think I should know, that's not how proper law works - otherwise every cop in the country would be 100% sure who they caught is the criminal - because why not, if it's enough for conviction, why work harder!

> If someone shoots a person with your gun, you gonna say it wasn't you and expect them not to question any you further?

They can question all they like, but to secure a criminal conviction, they must prove, beyond reasonable doubt, that I was the person who did it. Otherwise you get no conviction. If they strongly suspect I did it, they would find a proof - but the fact that I owned a gun is not that proof (for one, guns can be easily stolen, and frequently are).

In Europe the law argues that cars are dangerous, and if you loan your car to a habitual bad driver, that's on you. You can either get the person who drove it to fess up, or the judge can fine you (because you lent out your car against better judgment) and impose a drivers log, so the circus doesn't happen again.

The arguing about having a constitutional right to drive bad boggles the mind, road deaths in the US are high, compared to civilized nations. Wikipedia states it's 14.2 deaths per 100000 inhbitants, that's between Sierra Leone (13.8) and Angola (15.0). For comparison, India has 12.6 traffic deaths per 100000 citizens and the worst country in Europe is Greece at 6.1.

The right metric is death per citizen, not per mile, because it's about the number of people who have lost a family member or friend.

When you get around exclusively on two wheels (motorcycle and bicycle) bad drivers are a direct safety threat. Even cagers ought to be careful about being permissive with red light running, side-on crashes are remarkably deadly for the one who got hit in the door because there is not much structural protection or space on the side of the vehicle.

But couldn't you then have the same argument for speeding tickets (or parking tickets)? Like, "I don't know who drove my car too fast or parked my car on the curb, so it's not my problem. The state should prove who did it.".

Yes, and that is likely what will happen based on this ruling too, for parking tickets as well.

For the speeding ticket, if the police officer stops you, you'd get a ticket and would sign it, thus ensuring you were there. Or, if you refuse, the police officer would testify in court (if you would ask for a court hearing) that they saw you behind the wheel (and, likely now, you'd also be on bodycam). That would likely be enough evidence - which is why you probably don't want to go to court, because the judge would be annoyed at you for wasting everybody's time, and you'd probably get more severe punishment.

That said, I did at times get smaller fine and less severe consequences from a speeding ticket by just pretending I am going to go to court (I didn't really want to, I wanted smaller fine :) - because policemen do not like to waste time in court either - so they would agree, that if I do not try to deny I did it, and do not force thus them to go to court and testify, they would agree to less severe violation (while still costing me $$, just not as much as it could). That's totally a thing, at least in the US. The risk, of course, if you are an ass about it and piss off the police officer, they'd say to heck with it, I'll go to court, and you'd have to go to court too, and as per above, you'd get punished more severely. So, always be polite, and it will be to your benefit.

As for automated speeding tickets, I'm not a huge fan of it. Too many cases of this system being wrong or abusive.

I meant speeding cameras, where a system OCRs your license plate and you receive a fine after a month or even two months. Fine being monetary + points, depending on how fast you drove. Police officers measuring speed have become quite rare, at least here at my location (EU country). While speeding cameras are becoming quite common, especially in towns/cities and on the highways.

TBH, if those became legally invalid, I wouldn't lose a lot of sleep. There's a huge potential for abuse in these things, and their deterrent value is minimal. Especially in a heavily heterogenuos country like the US, where each municipality can have their own rules and their own courts. Sometimes these thing turn into literal highway robbery.

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