ASSIGNMENT 2
Assignment 2
IRAAC
Facts:
On January 1, 2021, John was ticketed for speeding, going 75 miles per hour on a four-lane highway in Nevada. Traffic was moderate, but intermittently light. The weather was sunny, but it had been raining an hour earlier. There were puddles of water on the shoulder, but not on the road itself. The road had four moderate turns in it for the twenty-mile stretch on which John was driving.
Issue:
Whether John was speeding.
Rule:
Under Nevada statute, the speed limit in the state of Nevada is whatever is [a] reasonably safe speed under the circumstances. Nevada State Code 123.45. Courts determine whether the speed was reasonable by examining the weather, road, and traffic conditions. Nevada v. Smith, 1 P.2d 56 (Nev. 2020).
Analogous Case:
For instance, in Nevada v. Smith, the court held that 80 mph was a reasonable speed under the circumstances. Smith, 1 P.2d at 60. In that...
Traffic was light but intermittently moderate; it was a bright, sunny day and the road was dry. Id. at...
…were on the shoulder. Another key consideration in the case in Nevada v. Smith was the fact that the 4-lane road was mostly straight making 80 mph a reasonable speed within the stretch under consideration. The 4-lane road that John was on was largely straight because within the 20-mile stretch on which John was driving, there were only four moderate turns.
Conclusion:
The court should find that Johns speed of 75 mph was reasonable under the circumstances because the facts in Johns case match those in Nevada v. Smith where it was found that under the circumstances, 80 mph was a reasonable…
