Police allege a driver was speeding in a school zone - HSC - SSCE Legal Studies - Question 17 - 2011 - Paper 1
Question 17
Police allege a driver was speeding in a school zone.
What do the police have to prove if the matter goes to court?
(A) The driver was speeding.
(B) The driver inten... show full transcript
Worked Solution & Example Answer:Police allege a driver was speeding in a school zone - HSC - SSCE Legal Studies - Question 17 - 2011 - Paper 1
Step 1
The driver was speeding.
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Answer
To prove this, the police must demonstrate that the driver exceeded the speed limit established for that school zone. Evidence such as radar measurements or speed camera footage can be presented to show that the driver's speed was indeed above the legal limit.
Step 2
The driver intended to speed.
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Answer
Intent is not necessarily required in speeding cases; typically, the occurrence of speeding alone is sufficient for prosecution.
Step 3
The driver knew it was a school zone.
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Answer
While it is important for the driver to be aware of their surroundings, the police do not have to prove that the driver had knowledge of the specific designation of the area as a school zone for prosecution.
Step 4
The driver knew the school zone speed limit.
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Answer
The police need to show that the driver was aware of the speed limit specific to the school zone, as this indicates a breach of traffic laws. However, the absence of this knowledge doesn't absolve the driver from speeding charges; proving that the driver was speeding is paramount.
