People v. DiFiore (1987)

[AgentSmithers]

What is the name of your state (only U.S. law)? California

I wanted to confirm if I am interpreting this case law correctly. If a person is driving 64 miles per hour and is cited for going over 55 MPH on a Highway marked Less then 65MPH then this caselaw applies but if the Person is traveling at 65MPH or greater on a highway with the speed limit set LOWER then 65MPH this case law no longer applies correct?

During Trial is the cop testifies that the person could of been going 64MPH in lu of 65MPH, does this case law apply even though one may be cited for going above 65+?

Thanks everyone!

 

[westside]

Did the State of New York acquire California when I wasn't paying attention?

 

[AgentSmithers]

Did the State of New York acquire California when I wasn't paying attention?

Not sure what you mean? You guy's have a similar case law in NY?

 

[CTU]

Not sure what you mean? You guy's have a similar case law in NY?

AgentSmithers is presumably referring to this case: https://scholar.google.com/scholar_case?case=4909131156026806146&hl=en&as_sdt=6&as_vis=1&oi=scholarr

But a Google search also brings up this case from out of NY (when using People vs. DiFiore as a search string) : https://scholar.google.com/scholar_...027828052&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Two different defendants, two different cases.

Does this clear up the confusion perhaps?

 

[AgentSmithers]

AgentSmithers is presumably referring to this case: https://scholar.google.com/scholar_case?case=4909131156026806146&hl=en&as_sdt=6&as_vis=1&oi=scholarr

But a Google search also brings up this case from out of NY (when using People vs. DiFiore as a search string) : https://scholar.google.com/scholar_...027828052&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Two different defendants, two different cases.

Does this clear up the confusion perhaps?

Thanks,
Wow.. That was a curve ball. Didn't expect that.