Wayne Hoffman, executive director of the Idaho Freedom Foundation, wrote a long opinion piece--appearing in this morning's Coeur d'Alene Press--about how he recently "got a speeding ticket for a law that doesn't exist."
"I got a speeding ticket the other day," wrote Hoffman. "I was driving between meetings in Kootenai County."
Hoffman writes that while his ticket indicated that he violated Idaho Code 49-654(2)(E)--the "E" is for excessive--for doing 73 mph in a 55 mph zone, he insists that there is no statute. Hoffman insists that Idaho Code does not truly distinguish excessive speeding.
Hoffman advocates for the Idaho Legislature to set penalties for speeding, not courts. Yet it was the Legislature that ceded that authority to the Idaho Supreme court in 1988.
"Only the Legislature should make law," writes Hoffman. "Lawmakers and the court would do well to get this portion of the law correct."
In the meantime, Hoffman faces a fine of $155.