JUst for sake of discussion..ldj1002 wrote:You get a ticket forgoing 70 in a 60 zone because you didn't see the sign will get you off about the same as carrying in a business because you didn't see the sign. I don't think any of you would use the didn't see the sign for speeding but you will for chl. I don't understand the difference.
The difference is significant
On a public roadway, a sign is required to be displayed in a specific manner (hmm, kind a like a 30.06 sign) and as drive you have a responsibility to be on the lookout for that speed limit sign.
If the Speedlimit sign is properly posted and you drive past it while trying to find your jelly doughnut dropped on the floor .. then no, Ithe I did not see it" excuse is not going to be valid.. Of Course.
However.. the speed limit sign that is behind an overgrown bush, tree, newly erected billboard OR the 30.06 sign that is not posted in public view of the common entrance point to a building.. THAT is not valid.... IMHO though IANAL.
Most Leos are reasonable folks and i think that is why there have been no recorded or know arrest and prosecution of 30.06 violators. Add to that DA's do not like to take on cases they are not sure they can win... So if there is a reasonable chance the CHL'er did not see a sign (officer, I entered though this store.. SEE NO SIGN, I walked to that part of the building SEE NO SIGN, I was stopped here by you.. SEE NO SIGN, I did not know there was a sign at the south and east main building entrances.. My car is parked right outside in the west parking lot, just steps from that store entrance....or something like that)
You're going to effective notice at that point and told to be on your way.. yes I know somewhere out there is a LEO or ADA/DA that would cite, charge, arrest and prosecute anyways.. But luckily, so far at least... that does not seem to have happened.