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Good evening. I will be assisting you with your question.
What is your question about the statute?
I have a masters degree in physics. The units of measure they are using in this statue are mixed. "miles" is not the same as "miles per hour"
You are correct. However, a court would consider it in context of the entire statute, as well as legislative intent.
However, strictly reading the statute, you are definitely correct, it is incorrect.
Did you just want to check and make sure your interpretation was correct, or did you have a question about the statute's application?
So, it doesn't help that it is not correct? The way I read it, they could only give a penalty for 5 miles per hour.
If you challenged the statute a court would likely look to the context of the language and, perhaps more importantly, look to legislative intent.
Clearly, the legislature intended for it to apply to each mile per hour, and an appellate court would side with that interpretation.
Ok. Lost cause then?
Most likely, yes. An appellate court will just interpret it the way the legislature intended.
You can try to challenge it, but you should know that tou are not likely to prevail.
Sorry for the bad news, but I can only give you an honest assessment of the law and your case. Doing otherwise would be unfair to you and unprofessional.
If that answers your question, please remember to "rate" my answer.