Evening star., 1927-05-08
STATE WILL FIGHT
RECKLESS SPEEDER
Connecticut, With No Limit,
Will Nab Drivers for
!. UnreaSonabIeneSS.

Although an Official speed limit in
Connecticut has been eliminated, this
will not prevent police officials from
arresting drivers for speeding. It Is
pointed out in a bulletin issued by
Commissioner Robbins 3. Stoeckel OF
the State motor*sVehicle department
The bulletin states briefly the process
BY which this position was reached
Until now il asserts. there has been
no set figure beyond which the speed
s6f motor vehicle was presumed to
BE excessive or ''prima facie" evidence
sof recklessness. This provision has
ebeen removed. and the reason for the
Thauge is explained by Commissioners
Etoeckel as follows:
Z LAS formerly established. the speed
limits were 20 miles per hour in thick
~ settled portions of the State and 80
miles on the open highway. To bring
put more clearly what prima facie
speed means. it may be explained that
the effect of prima faCie is to shift the
burden of proof and has nothing
whatever to do with the principle
which remains TO govern all cases by
.rnea surements as TO whether or not
It is reasonable.
Prima Facie Speeds.
'These prin1a facie speeds do not
change this law. but provide a method
for its application If where the
prima facie speed is 30 miles an hour
sn operator is going at 40 miles an
hour an officer arrests him for
speeding. when the officer proves that
the arrested person was actually eX-
ceedinc 80 miles an hour the burden
of proof shifts and the arrested person
is required to prove that the speed at
which he was going (40 miles, was
rea asona BILE considering all the condi-
tions. If he can so prove he will be
acquitted.
The matter of a change in this
law came before the legislative COM
mittee on motor vehicles in a bill to
increase these prima facie speeds.
But the hearings developed funda-
mental objection to any prima facie
speed a. all on the ground that to
have such creates a situation where
a lerson may be obliged to prove his
innocence.
Must Be Unreasonable.
This is contrary to the great fun
damental tenets of criminal law, to
custom and to the spirit of self-gov-
ernment. Therefore, it Is proposed
that all prina faeie speeds be taken
out and that the speed law be left
without any indication as to miles per
hour. so that there can be no arrests
except on the ground that speed
was unrea soma BILE The arresting Of
ficer now in every case must prove
the unrea sonableness of the speed in
order to secure a conviction.
This is a great step toward JUS
tice, for the] improved construction
of cars and the betterment in high.
wavs have created conditions under
which the old prima facie speeds are
commonly exceeded by every one. 1t
is a step in advance from the stand
point of putting more responsibility
upon the operator of car. 1t should
cause the exercise of conservative
judgment in driving. There is apt
to be too much of tendency to di-
rect operators. The more traffic di-
rection there is less initiative and re-
sponsibility an operator can be ex-
pected to exercise. Direction is neces-
cary. 1t does not now exist in many
places where it ought to. But it will
not do to overdirect."