Doing without speed limits

Boston University Law Review

Volumn 79, Issue 1, 1999, Pages 155-189

  King, Robert E ^a   Sunstein, Cass R ^a  

^a NONE

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EID: 0346617081     PISSN: 00068047     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (273)

1. See George Bennett, Montana Sees Old Ways Slipping Away, PALM BEACH POST, Apr. 14, 1996, at 1A.
2. See id. (noting that only Alaska and Wyoming have fewer people per square mile).
3. See Mark Mueller, Montana's Wild Frontier Beckons Actors, Writers and Reactionaries, BOSTON HERALD, Apr. 7, 1996, at 6.
4. See In Big Sky State, Sky's the Speed Limit Again, ST. PETERSBURG TIMES (Fla.), Dec. 9, 1995, at 1A.
5. See id.
6. See Tim Cornwell, Bomber from the Backwoods?, INDEPENDENT (London), Apr. 7, 1996, at 10.
7. See Brad Knickerbocker, Yes, America There Is a Speed Limit in the 'Montanabahn,' CHRISTIAN Sei. MONITOR, July 10, 1996, at 3. The 212 figure represents the maximum authorized number of Highway Patrol officers; however, Montana Highway Patrol Major Bert Obert noted that the Highway Patrol does not operate at this full contingent and usually fields slightly more than 200 officers. For example, in 1998 there were 206 Highway Patrol officers. See Telephone Interview with Bert Obert, Major, Montana Highway Patrol (Aug. 18, 1998).
8. See In Big Sky State, supra note 4, at 1A.
9. See Steven D. Kaye et al., Hello 75, So Long 55, U.S. NEWS & WORLD REP., Dec. 18, 1995, at 71 (designating I-90 and I-15 as the perilous roads).
10. See MONT. CODE ANN. § 61-8-303 (1973).
11. See Jessica Kowal, Sky's the Limit on Montana Highways, TIMES UNION (Albany, N.Y.), Dec. 12, 1995, at A16; see also William J. Cook, Why Did We Have to Slow Down in the First Place?, U.S. NEWS & WORLD REP., Dec. 18, 1995, at 74.
12. See Jessica Kowal, Sky's the Limit on Montana Highways, TIMES UNION (Albany, N.Y.), Dec. 12, 1995, at A16; see also William J. Cook, Why Did We Have to Slow Down in the First Place?, U.S. NEWS & WORLD REP., Dec. 18, 1995, at 74.
13. MONT. CODE ANN. § 61-8-303.
14. Tom Kenworthy, New Life in the Fast Lane: Wide-Open Throttles in Wide Open Spaces, WASH. POST, Dec. 9, 1995, at A3.
15. See Tyce Palmaffy, Don't Brake for Big Government, J. OF AMER. CITIZENSHIP POL. REV., Sept.-Oct. 1996, at 11; see also Cook, supra note 11, at 74.
16. See Palmaffy, supra note 14, at 11 (noting that the law remained in effect long after the fuel crisis ended because of presumed safety benefits).
17. See id.
18. See id.
19. See Tamara Jones, Montana's Rocky Reputation: First the Freemen. Now Maybe the Unabomber. What Gives?, WASH. POST, Apr. 5, 1996, at F1 ("'As soon as they learn to drive a car or handle a rifle, Montanans learn self-sufficiency,' writes Norma Tirrell in her historical guidebook, 'Montana.' 'Neighbors are to be trusted,' she says, 'but it is this ability to take care of one's self that defines the Montana spirit.'"); see also Graham Brink, Free to Govern Oneself, ST. PETERSBURG TIMES (Fla.), Dec. 21, 1997, at 4D (quoting one Montanan's view of governmental regulation: "'Speed laws chip away at the already eroding footholds we call liberty.'").
20. See Tamara Jones, Montana's Rocky Reputation: First the Freemen. Now Maybe the Unabomber. What Gives?, WASH. POST, Apr. 5, 1996, at F1 ("'As soon as they learn to drive a car or handle a rifle, Montanans learn self-sufficiency,' writes Norma Tirrell in her historical guidebook, 'Montana.' 'Neighbors are to be trusted,' she says, 'but it is this ability to take care of one's self that defines the Montana spirit.'"); see also Graham Brink, Free to Govern Oneself, ST. PETERSBURG TIMES (Fla.), Dec. 21, 1997, at 4D (quoting one Montanan's view of governmental regulation: "'Speed laws chip away at the already eroding footholds we call liberty.'").
21. MONT. CODE ANN. § 61-8-304 (1998). It is important to note that Montana's Basic Rule continued to remain in effect even during the period when the fuel conservation speed limit applied. For example, if a driver was stopped for driving 120 mph on a road on which the 55 mph fuel conservation speed limit applied, he would be issued a Basic Rule citation instead of a citation under the fuel conservation speed limit because his actions were not "reasonable and prudent." Telephone Interview with Bert Obert, Major, Montana Highway Patrol (Nov. 12, 1998).
22. MONT. CODE ANN. § 61-8-304.
23. See Peyton Whitely, With a Roar, Montana Drops Day Speed Limit, SEATTLE TIMES, Dec. 10, 1995, at A1.
24. See id. (noting "some Montanans simply kept a stash of $5 bills over the visor, ready to pay and go").
25. MONT. CODE ANN. § 61-8-305 (1996).
26. See Richard Simon, When the Rules of the Road Are a Big Blur, L.A. TIMES, July 6, 1996, at A1 (arguing "the bottom line is that 'it's social norms that drive behavior, not speed limits'").
27. Kenworthy, supra note 13, at A3.
28. See Some in Montana Regret Easing of Speed Limits, CHATTANOOGA FREE PRESS, Dec. 10, 1995 ("[H]alf of all drivers exceeded the 65 mph limit on Montana's interstates. Two-thirds ignored the 55 mph signs on two lane highways."). One resident summarized the widespread violations, noting, "[n]obody drove the speed limit anyway." Jim Robbins, With Speed Limits Untied by U.S., Montana Reverts to the Fast Lane, N.Y. TIMES, Dec. 9, 1995, at 6.
29. See Some in Montana Regret Easing of Speed Limits, CHATTANOOGA FREE PRESS, Dec. 10, 1995 ("[H]alf of all drivers exceeded the 65 mph limit on Montana's interstates. Two-thirds ignored the 55 mph signs on two lane highways."). One resident summarized the widespread violations, noting, "[n]obody drove the speed limit anyway." Jim Robbins, With Speed Limits Untied by U.S., Montana Reverts to the Fast Lane, N.Y. TIMES, Dec. 9, 1995, at 6.
30. Kowal, supra note 11, at A16.
31. See id.
32. The social meaning of fast driving became, in the aftermath of the federal speed limit law, a kind of rebellion against federal intrusion, and in some quarters the result was to spur faster driving. See, e.g., Lawrence Lessig, The Regulation of Social Meaning, 62 U. CHI. L. REV. 943, 951 (1995) (discussing the role of social meaning in human behavior).
33. For example, Representative Pat Williams, Montana's only Congressman, recounted an anecdote where a driver paid a patrolman in cash and the motorist began to close his window to drive away. The officer stopped the individual and said "'Hold on, old timer, hold onto that ticket. It's good for the rest of the day.'" Kenworthy, supra note 13, at A3. In another Montana driving tradition, a driver and each of his passengers would place "$5 on the dashboard, and if the driver made it from Billings to Helena without getting stopped, he won the kitty." In Big Sky State, supra note 4, at 1A. "'The joke goes that if you g[ot] pulled over, you'd just give the officer a $20 bill, . . . then tell the next three guys you already paid.'" Id.
34. Ben Spiess, Change in Speed Limit Draws Mixed Reviews, MONTGOMERY ADVERTISER, Nov. 18, 1996, at 1A.
35. Kenworthy, supra note 13, at A3 (quoting Col. Craig Reap, head of the Montana Highway Patrol). Admittedly, the Highway Patrol could have punished offenses such as reckless driving, usually defined as traveling at more than 85 mph. more harshly and with higher fines. The Highway Patrol, however, rarely invoked such penalties, writing fewer than 3,000 reckless driving tickets per year before the Basic Rule. See id.
36. Id.
37. Id.; see also Steve Lopez, America's Fast Lane, TIME, Oct. 13, 1997, at 44 (describing motorists' disregard for the prior law as "insulting" to law enforcement).
38. Id.; see also Steve Lopez, America's Fast Lane, TIME, Oct. 13, 1997, at 44 (describing motorists' disregard for the prior law as "insulting" to law enforcement).
39. National Hwy. System Designation Act of 1995, Pub. L. No. 104-59, 23 U.S.C.A. § 161 (Nov. 28, 1995).
40. See Palmaffy, supra note 14, at 11.
41. Id. This essay, however, is a study of Montana's particular experience, and does not purport to be a general treatment of the consequences of raising speed limits. Part of the reason that we avoid firm conclusions about the effects of the change in Montana is the small samples in terms of both years and fatalities.
42. See Kaye et al., supra note 9, at 71 (predicting "that the end of the . . . federal mandate is no less than a death sentence for thousands more motorists whose lives will be lost in speed-related crashes").
43. Statement on Signing the National Highway System Designation Act of 1995, 31 WEEKLY COMP. PRES. Doc. 2064 (Dec. 4, 1995); see also Brian Blomquist & Valerie Richardson, 55 to Remain the Law for D.C.-Area Drivers, But in Montana, Big Sky's the Limit, WASH. TIMES, Dec. 8, 1995, at A1 (noting that the President did not support the bill); Warren P. Strobel, 'Double-Nickel' Comes to End of the Road, Clinton Grudgingly Signs Bill Killing 22-Year-Old Top Speed, WASH. TIMES, Nov. 29, 1995, at A4 (noting that if President Clinton had vetoed the bill, Congress probably would have overridden his veto).
44. Statement on Signing the National Highway System Designation Act of 1995, 31 WEEKLY COMP. PRES. Doc. 2064 (Dec. 4, 1995); see also Brian Blomquist & Valerie Richardson, 55 to Remain the Law for D.C.-Area Drivers, But in Montana, Big Sky's the Limit, WASH. TIMES, Dec. 8, 1995, at A1 (noting that the President did not support the bill); Warren P. Strobel, 'Double-Nickel' Comes to End of the Road, Clinton Grudgingly Signs Bill Killing 22-Year-Old Top Speed, WASH. TIMES, Nov. 29, 1995, at A4 (noting that if President Clinton had vetoed the bill, Congress probably would have overridden his veto).
45. Statement on Signing the National Highway System Designation Act of 1995, 31 WEEKLY COMP. PRES. Doc. 2064 (Dec. 4, 1995); see also Brian Blomquist & Valerie Richardson, 55 to Remain the Law for D.C.-Area Drivers, But in Montana, Big Sky's the Limit, WASH. TIMES, Dec. 8, 1995, at A1 (noting that the President did not support the bill); Warren P. Strobel, 'Double-Nickel' Comes to End of the Road, Clinton Grudgingly Signs Bill Killing 22-Year-Old Top Speed, WASH. TIMES, Nov. 29, 1995, at A4 (noting that if President Clinton had vetoed the bill, Congress probably would have overridden his veto).
46. Kaye et al., supra note 9, at 71-72.
47. See id. at 72; Palmaffy, supra note 14, at 11 (discussing insurance companies' beliefs that increased speed will lead to more fatalities).
48. Strobel, supra note 39, at A4;
49. see also Carol J. Castaneda, Speed-Limit Law Reaches End of Road Friday, USA TODAY, Dec. 4, 1995, at 3A (indicating that Nader called Clinton and Congress "political cowards" for signing the bill because of other favorable provisions);
50. Speed Doesn't Kill; Road Deaths Stable Despite Higher Limits, COLUMBUS DISPATCH (Ohio), Sept. 25, 1997, at 10A (quoting Ralph Nader as predicting that [h]istory will never forgive Congress for this assault on the sanctity of human life'").
51. Robbins, supra note 26, at 6. Such wild fatality forecasts later proved grossly exaggerated. See infra Part II.D.
52. Id.
53. See Kaye et al., supra note 9, at 71 (commenting that the federal speed limit "turned good drivers into scofflaws"); Castaneda, supra note 42, at 3A (noting that "[p]eople already are driving 65 or 70 mph in . . . 55-mph posted zones").
54. See Kaye et al., supra note 9, at 73 (finding that cultural factors and safer cars have lowered injury and fatality rates).
55. See Kenworthy, supra note 13, at A3. The new law, however, provides stiff penalties. Unlike the conservation speed limit, under the Basic Rule fines can range from $70 to $500 and count against a driver's insurance record. See MONT. CODE ANN. § 61-8-303
56. See Speed Doesn't Kill; Road Deaths Stable Despite Higher Limits, supra note 42, at 10A ("Changing the law didn't change how fast people were driving; it decriminalized their behavior. If people were already driving between 65 and 75 mph. changing the signs along the road would have little effect on the death toll.").
57. See James Brooke, Life Without Speed Limits: No Rush to the Fast Lane, N.Y. TIMES, Dec. 31, 1995, at 16.
58. See id. These figures, however, may underestimate actual speeds because many roadway sensors "embedded in the highway max out at 85 miles per hour. . . . 'They don't differentiate . . . [between] 86 or 105.'" Knickerbocker, supra note 7, at 3.
59. See Montana Mayhem? Maybe Not, TELEGRAPH HERALD (Dubuque, Iowa), Jan. 7, 1996, at A7.
60. No Motoring Mayhem in Montana Yet, CHATTANOOGA TIMES, Jan. 15, 1996, at A5.
61. Bill Hall, Editorial, Montana Is Driving Fast and Driving off Its Tourists, LEWISTON MORNING TRIB. (Maine), Jan. 10, 1996, at 10A.
62. See Telephone Interview with Bert Obert, Major, Montana Highway Patrol (Apr. 10, 1998).
63. See Hall, supra note 53, at 10A.
64. Kowal, supra note 11, at A16.
65. Valerie Richardson, Montana Drivers Face Judgment Call; Reason, Prudence Only Speed Limits, WASH. TIMES, Dec. 1, 1996, at A1.
66. See Mike Henderson, Montana Reconsiders Daytime 'Autobahn,' CHRISTIAN SCI. MONITOR, Sept. 3, 1997, at 3 ("Severe weather conditions [] often leave packed snow and ice, and even in dry weather, roads are ravaged by the effects of constantly changing conditions."); Perspectives, NEWSWEEK, Dec. 11, 1995, at 27 ("[O]ur roads aren't designed for speeds much past 100 mph . . . ."); Richard Simon, When the Rules of the Road Are a Big Blur, L.A. TIMES, July 6, 1996, at A1 ("Hitting a deer at 75 mph can badly damage a car or risk death for both motorist and animal.");
67. See Mike Henderson, Montana Reconsiders Daytime 'Autobahn,' CHRISTIAN SCI. MONITOR, Sept. 3, 1997, at 3 ("Severe weather conditions [] often leave packed snow and ice, and even in dry weather, roads are ravaged by the effects of constantly changing conditions."); Perspectives, NEWSWEEK, Dec. 11, 1995, at 27 ("[O]ur roads aren't designed for speeds much past 100 mph . . . ."); Richard Simon, When the Rules of the Road Are a Big Blur, L.A. TIMES, July 6, 1996, at A1 ("Hitting a deer at 75 mph can badly damage a car or risk death for both motorist and animal.");
68. See Mike Henderson, Montana Reconsiders Daytime 'Autobahn,' CHRISTIAN SCI. MONITOR, Sept. 3, 1997, at 3 ("Severe weather conditions [] often leave packed snow and ice, and even in dry weather, roads are ravaged by the effects of constantly changing conditions."); Perspectives, NEWSWEEK, Dec. 11, 1995, at 27 ("[O]ur roads aren't designed for speeds much past 100 mph . . . ."); Richard Simon, When the Rules of the Road Are a Big Blur, L.A. TIMES, July 6, 1996, at A1 ("Hitting a deer at 75 mph can badly damage a car or risk death for both motorist and animal.");
69. Whitely, supra note 20, at A1 ("At such speeds [95 mph]. interstate highways suddenly develop real curves, and signs that say bridges may be icy become very pertinent.").
70. Otto Hallgren, Editorial, Big Sky, Big Flap, Big Deal, S.F. CHRON., Dec. 18, 1995, at A23.
71. Richard Manning, Your Assignment: Drive Like a Bat Outta Hell and Back; A Quick Trip Across Montana in the Age of No (Speed) Limits, L.A. TIMES, Jan. 21, 1996, (Magazine), at 16.
72. See Melanie Brennan, A Lesson for Montana: How Speed Can Kill, SEATTLE TIMES, June 23, 1997, at A5.
73. Montana Wants Brake on Vague Speed Rules for Daytime Drivers, COMMERCIAL APPEAL (Memphis), Dec. 8, 1996, at C6.
74. Id.
75. See Quentin Letts, Easy Riders Rush West to High-Speed Montana, TIMES (London), Dec. 28, 1995, at 9.
76. Brooke, supra note 49, at 16.
77. See R. Lee Sullivan, The American Autobahn, FORBES, July 15, 1996, at 37.
78. Western Empire, DENV. POST, July 28, 1996, at B2.
79. Susan Gallagher, Yes, Virginia, There Is a Speed Limit in Montana, Even if It's Not Exact, ROCKY MTN. NEWS, Aug. 18, 1996, at 38A.
80. Scott Oldham, Montana Run: Cruising Montana at High Speed in a 1997 Pontiac Trans Sport Montana Minivan, POPULAR MECH., Oct. 1996, at 46.
81. Gallagher, supra note 68, at 38A.
82. Simon, supra note 58, at 1.
83. Id.
84. Such non-Basic Rule times and zones include: at night, in a construction zone, within city or town limits, accidents involving trucks, or on a highway with a posted speed limit due to road conditions. See MONT. CODE ANN. § 61-8-303.
85. See Patrick Bedard, Speed Kills? Not as Much as the Feds Claim, USA TODAY, Sept. 24, 1996, at 15A (explaining factors that influence the reliability of accident fatality statistics). The numbers are already fluctuating again, this time returning to the tourists' favor: Through August 18th of 1998, Montana experienced a 32% decrease from the year-ago period in out-of-state vehicles' involvement in overall roadway deaths. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Aug. 18, 1997 & 1998) (noting that out-of-state vehicles were involved in 52 deaths between January 1, 1997 and August 18, 1997, but just 35 between January 1, 1998 and August 18, 1998).
86. State officials blame misinformation, misunderstanding and the misconception that motorists may drive as fast as they want for the tourists' elevated speeds and reckless behavior. See Henderson, supra note 58, at 3.
87. See Knickerbocker, supra note 7, at 3 (noting that the average auto speed increased only from 72 mph to 74 mph).
88. Richardson, supra note 57, at A1 (explaining that between December 8, 1995 and December 1, 1996 the average speed increased from 72 mph to 78 mph). Note, however, that available data does not indicate exactly how much of the increase came from out-of-state drivers.
89. See id.
90. Montana Wants Brake, supra note 62, at C6.
91. See Dick Kreck, 105 Degrees West Longitude, DENV. POST, Sept. 29, 1996, at 4 ("Those Canadians can really cook. Of all the drivers whizzing through the Big Sky state, Albertans average 76.8 mph; out-of-state drivers, 74.9 and Montanans, 72.9.").
92. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (indicating that out-of-state vehicles were involved in 42 fatal crashes in 1996 and 58 fatal crashes in 1998).
93. See id. (indicating that out-of-state vehicles were involved in 48 deaths in 1996 and 81 deaths in 1997).
94. See id. (indicating that out-of-state vehicles accounted for 42 of 177 total fatal crashes in 1996).
95. See id. (indicating that out-of-state vehicles accounted for 58 of 223 total fatal crashes in 1997); see also Henderson, supra note 58, at 3 (noting that as of August 10, 1997, "just 25 out-of-state cars were involved in the 122 fatal high-speed accidents"); Katy Witkowski & Bob Edwards, Deaths Up on Montana Roads (National Public Radio, Morning Edition, Sept. 15, 1997) (citing a later study that indicated that, as of September 15, 1997, "only one-third of this year's fatal accidents involved out of state vehicles").
96. See id. (indicating that out-of-state vehicles accounted for 58 of 223 total fatal crashes in 1997); see also Henderson, supra note 58, at 3 (noting that as of August 10, 1997, "just 25 out-of-state cars were involved in the 122 fatal high-speed accidents"); Katy Witkowski & Bob Edwards, Deaths Up on Montana Roads (National Public Radio, Morning Edition, Sept. 15, 1997) (citing a later study that indicated that, as of September 15, 1997, "only one-third of this year's fatal accidents involved out of state vehicles").
97. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (indicating that out-of-state vehicles were involved in 48 of 198 total deaths in 1996 and 81 of 265 total deaths in 1997).
98. Montana Highway Patrol Handout (Revised, Feb. 13, 1997) to Montana Legislature for January 30, 1997 Montana Senate Highways Committee Hearing on SB 64; see also Mark Roberts & Bob Edwards, Montana Speed Limits (National Public Radio, Morning Edition, Dec. 16, 1996) (quoting the Chief of Montana's Highway Patrol as stating, "We have a lot of trucks, of course, which are restricted to 65 on the interstate and 60 on the two-lanes during the day. And then, we have a lot of farm equipment and RVs and those kind of vehicles that are mixing out there with the faster cars. And those kind of things sure set up the potential for a disaster.").
99. Montana Highway Patrol Handout (Revised, Feb. 13, 1997) to Montana Legislature for January 30, 1997 Montana Senate Highways Committee Hearing on SB 64; see also Mark Roberts & Bob Edwards, Montana Speed Limits (National Public Radio, Morning Edition, Dec. 16, 1996) (quoting the Chief of Montana's Highway Patrol as stating, "We have a lot of trucks, of course, which are restricted to 65 on the interstate and 60 on the two-lanes during the day. And then, we have a lot of farm equipment and RVs and those kind of vehicles that are mixing out there with the faster cars. And those kind of things sure set up the potential for a disaster.").
100. See Montana Highway Patrol Legislative Handout, supra note 86.
101. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (indicating that fatal accidents decreased from 186 in 1995 to 177 in 1996 and total roadway deaths decreased from 215 in 1995 to 198 in 1996).
102. See Montana Highway Patrol 1997 Annual Report, Accidents by Trafficway Statistics (Fatal Crashes), 1993-1997.
103. See Palmaffy, supra note 14, at 11.
104. See id.
105. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (noting fatal accidents increased from 177 to 223 and total roadway deaths increased from 198 to 265); see also Montana Highway Patrol 1997 Annual Report, Annual Traffic Rates. Note that some Highway Patrol Statistics indicate 49 fatal accidents in 1997. See, e.g., Montana Highway Patrol 1997 Annual Report, Where Crashes Occurred.
106. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (noting fatal accidents increased from 177 to 223 and total roadway deaths increased from 198 to 265); see also Montana Highway Patrol 1997 Annual Report, Annual Traffic Rates. Note that some Highway Patrol Statistics indicate 49 fatal accidents in 1997. See, e.g., Montana Highway Patrol 1997 Annual Report, Where Crashes Occurred.
107. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (noting fatal accidents increased from 177 to 223 and total roadway deaths increased from 198 to 265); see also Montana Highway Patrol 1997 Annual Report, Annual Traffic Rates. Note that some Highway Patrol Statistics indicate 49 fatal accidents in 1997. See, e.g., Montana Highway Patrol 1997 Annual Report, Where Crashes Occurred.
108. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (indicating 90 fatal accidents where speed was a factor in 1996 and 125 in 1997).
109. See id. (indicating 101 total deaths where speed was a factor in 1996 and 148 in 1997).
110. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Aug. 18, 1997 & 1998) (indicating 130 fatal crashes during the relevant period in 1997 and 131 in 1998).
111. See id. (indicating 161 deaths during the relevant period in 1997 and 151 in 1998).
112. See id. (indicating 74 fatal crashes in which speed was a factor in the relevant period in 1997 and 65 in 1998).
113. See id. (indicating 93 total deaths in which speed was a factor in the relevant period in 1997 and 75 in 1998).
114. See Montana Highway Patrol Fatality Crash Information (Jan. 1 through Dec. 31, 1996 & 1997) (indicating 93 fatal crashes in which a speed limit was not in effect in 1996 and 107 in 1997).
115. See id. (indicating 107 total deaths in which a speed limit was not in effect in 1996 and 137 in 1998).
116. See id. (indicating 111 fatal crashes in which alcohol was not a factor in 1996 and 125 in 1998).
117. See id. (indicating 126 total deaths in which alcohol was not in factor in 1996 and 155 in 1998).
118. Witkowski & Edwards, supra note 84.
119. See Montana Highway Patrol 1997 Annual Report, Fatalities by County 1935 to Present (Yearly Totals).
120. See id. (1980-1997 figures); Telephone Interview with Montana Highway Patrol Accident Records Department (Jan. 8, 1999) (1998 figures).
121. See id. (1980-1997 figures); Telephone Interview with Montana Highway Patrol Accident Records Department (Jan. 8, 1999) (1998 figures).
122. For example, even accounting for 1997's spike of 265 roadway fatalities, that number is still below the fatality figures for 1980, 1981 and 1983.
123. Montana Wants Brake, supra note 62, at C6.
124. Richardson, supra note 57, at A1.
125. See W. Kip Viscusi, Risk-Risk Analysis, in THE MORTALITY COSTS OF REGULATORY EXPENDITURES: A SPECIAL ISSUE OF THE JOURNAL OF RISK AND UNCERTAINTY 5 (W. Kip Viscusi ed., 1994) (suggesting risk-risk analysis as a replacement for cost-benefit analysis).
126. Oldham, supra note 69, at 46. The reporter also admitted that at the vehicle's top speed of 113 mph, the air conditioner ceased functioning, "turning the vehicle into the fastest greenhouse on the face of the Earth." Id.; see also Whitely, supra note 21, at A1 ("Speed doesn't come without cost. Even dropping to 85 mph on the 293-mile drive from Ritzville, Wash, to Missoula [MT], the Explorer got 24.01 miles a gallon. For the 194-mile high-speed trip from Missoula to Butte and then north into Helena, it got 10.43 miles a gallon.").
127. Simon, supra note 58, at 1.
128. See Quentin Hardy, Pedal to the Metal Time Out West, CHI. TRIB., Dec. 10. 1995, at 5.
129. A reporter for the Los Angeles Times colorfully illustrates the point that vehicles' lower fuel economy, rather than increased speeds, is the real culprit in the decreased fuel efficiency debate. All of the gasoline saved with a lower speed limit has been more than consumed by a curious development. Our fleet mileage - the collective mpgs of the nation's drivers - has dropped dramatically recently because of the popularity of light trucks . . . . Accountants from Santa Monica and programmers from San Jose commute in Land Rovers and Explorers on palm-lined freeways that have never seen snow. Their rigs average 20 miles per gallon, all so drivers can adopt the image of a Montana rancher. Should I slow so that some all-hat-no-horse guy in a muscle truck can cast a longer shadow in the parking lot of a line-dance bar?
130. Manning, supra note 60, at 16.
131. Higher Speeds Mean Higher Pollution, GANNETT NEWS SERV., Oct. 27, 1996.
132. See id. (showing that this is a larger increase than in any other state).
133. Telephone Interview with Jim Carlin, Air Quality Specialist, Montana Department of Environmental Quality (Aug. 20, 1998) (attributing the slight impact on the environment to the small increase in actual speed).
134. Id.
135. See Hall, supra note 53, at 10A. Although after documenting non-Montanans' relatively more dangerous driving habits, one wonders if a decrease in tourism, despite the economic detriment, actually might constitute a net advantage under the Basic Rule.
136. See id.
137. See Kathleen McLaughlin, Travel Agents Figure Headlines Won't Hurt, BILLINGS GAZETTE, Apr. 22, 1996, at B1.
138. Robbins, supra note 26, at 6.
139. Hall, supra note 53, at 10A.
140. See McLaughlin, supra note 120, at B1 (investigating whether Montana's recent publicity regarding the Basic Rule, the Freemen, and the Unabomber is hurting state tourism).
141. See id.
142. See id.
143. Sarah Harrington, The Inn Crowd: Missoula's Five New Hotels Open Their Doors to Visitors, MISSOULIAN, June 30, 1996, at P1.
144. Telephone Interview with Thurston Elfstrom, Information Services Coordinator, Travel Montana (Apr. 13, 1998); see also Telephone Interview with Bert Obert, Major, Montana Highway Patrol, supra note 54 (acknowledging that the Basic Rule probably did not discourage visitors, but noting that the Highway Patrol receives numerous telephone calls from tourists who do not understand the Basic Rule).
145. See Gary Dunford, Love's Labor Isn't Lost, TORONTO SUN, Jan. 4, 1996, at 6 ("What do you call a car going 55 mph in Montana? Parked. What color is Montana's state flag? Checkered. And what do you call a speed bump in Montana? A pedestrian.");
146. See Gary Dunford, Love's Labor Isn't Lost, TORONTO SUN, Jan. 4, 1996, at 6 ("What do you call a car going 55 mph in Montana? Parked. What color is Montana's state flag? Checkered. And what do you call a speed bump in Montana? A pedestrian."); Cameron Morfit, The Lighter Side of 1995: Year Had Its Share of Weird Stories, FALLS POST REG. (Idaho), Jan. 1, 1996, at A1 ("December: Montana takes down speed limit signs, adopts 'reasonable and proper' limit to driving. Becomes 'Official State of NASCAR.'"); Simon, supra note 58, at 1 ("'You know, coming to Montana's kind of different. You're expected to drive 100 mph and look at the landscape.'"); Speed Delivery, TIRE BUS., Jan. 22, 1996, at 23 ("[I]n Montana, at least, 'Domino's Pizza now guarantees delivery in three minutes or less.'").
147. See Gary Dunford, Love's Labor Isn't Lost, TORONTO SUN, Jan. 4, 1996, at 6 ("What do you call a car going 55 mph in Montana? Parked. What color is Montana's state flag? Checkered. And what do you call a speed bump in Montana? A pedestrian."); Cameron Morfit, The Lighter Side of 1995: Year Had Its Share of Weird Stories, FALLS POST REG. (Idaho), Jan. 1, 1996, at A1 ("December: Montana takes down speed limit signs, adopts 'reasonable and proper' limit to driving. Becomes 'Official State of NASCAR.'"); Simon, supra note 58, at 1 ("'You know, coming to Montana's kind of different. You're expected to drive 100 mph and look at the landscape.'"); Speed Delivery, TIRE BUS., Jan. 22, 1996, at 23 ("[I]n Montana, at least, 'Domino's Pizza now guarantees delivery in three minutes or less.'").
148. See Gary Dunford, Love's Labor Isn't Lost, TORONTO SUN, Jan. 4, 1996, at 6 ("What do you call a car going 55 mph in Montana? Parked. What color is Montana's state flag? Checkered. And what do you call a speed bump in Montana? A pedestrian."); Cameron Morfit, The Lighter Side of 1995: Year Had Its Share of Weird Stories, FALLS POST REG. (Idaho), Jan. 1, 1996, at A1 ("December: Montana takes down speed limit signs, adopts 'reasonable and proper' limit to driving. Becomes 'Official State of NASCAR.'"); Simon, supra note 58, at 1 ("'You know, coming to Montana's kind of different. You're expected to drive 100 mph and look at the landscape.'"); Speed Delivery, TIRE BUS., Jan. 22, 1996, at 23 ("[I]n Montana, at least, 'Domino's Pizza now guarantees delivery in three minutes or less.'").
149. Hallgren, supra note 59, at A23.
150. Tony Kornheiser, There's No Safety in These High-Speed Numbers, ROCKY MTN. NEWS, Dec. 10, 1995, at 122A.
151. Letts, supra note 64, at 9; see also Witkowski & Edwards, supra note 84 ("Ever since December of 1995 when Montana suspended its daytime speed limit for highway drivers, it's been the butt of national jokes.").
152. Dennis McCann, Fast Friends, Montana Drivers, High Speed Go Together, MILWAUKEE J. SENTINEL, Dec. 16, 1995, at 1; see also Larry Slonaker, Kook Image Worries Montanans, TIMES-PICAYUNE (New Orleans), Apr. 14, 1996, at A17 (quoting Governor Racicot's Communications Director, Andrew Malcolm, as saying, "[r]easonable-and-prudent is a viable system in Montana . . . because residents have learned to police themselves. 'It may be difficult for (outsiders) to understand, but it works here.'").
153. Dennis McCann, Fast Friends, Montana Drivers, High Speed Go Together, MILWAUKEE J. SENTINEL, Dec. 16, 1995, at 1; see also Larry Slonaker, Kook Image Worries Montanans, TIMES-PICAYUNE (New Orleans), Apr. 14, 1996, at A17 (quoting Governor Racicot's Communications Director, Andrew Malcolm, as saying, "[r]easonable-and-prudent is a viable system in Montana . . . because residents have learned to police themselves. 'It may be difficult for (outsiders) to understand, but it works here.'").
154. Hallgren, supra note 59, at A23.
155. Lack of traffic is a recurring theme among Basic Rule supporters. Even the Spokesman of the Montana Department of Transportation, Dennis Unsworth, admits, "'[Y]ou can drive for several hours and not see another car. It can be pretty lonely.'" Ken Hoffman, In Big Sky Country, No Speed's the Limit, but Try 85, HOUSTON CHRON., Dec. 10, 1995, at 7.
156. Montana Representative Sonny Hanson, a leading Basic Rule advocate, summarizes the arguments: "The reason we have to have a variable-type speed limit is because of the size of the state. And so, we really need a daytime speed limit that reflects the distances that we as individuals have to make our living by traveling." Roberts & Edwards, supra note 86; see also Susan Gallagher, Montana Speeders Get Reality Check, TELEGRAPH HERALD (Dubuque, Iowa), Aug. 28, 1996, at 4 ("With a few exceptions, Montana highways are not crowded, [Representative Hanson] said, and he believes people should be able to cover the state's vast distances quickly, if they can do it safely.").
157. McCann, supra note 132, at 1.
158. See Manning, supra note 60, at 16 ("People here routinely run a hundred miles to shop for groceries or for a beer and conversation on a Saturday night."); In Big Sky State, supra note 4, at 1A (citing Rosebud County Clerk Geraldine Custer, who drives "the 100 miles to Billings twice a month or so to go shopping," as a Basic Rule beneficiary; Ms. Custer now makes the trip in "just over an hour.").
159. In Big Sky State, supra note 4, at 1A.
160. Kaye et al., supra note 9, at 72.
161. See Some in Montana Regret Easing of Speed Limits, supra note 26 (citing a state highway study showing that "half of all drivers exceeded the 65 mph limit on Montana's interstates. Two-thirds ignored the 55 mph signs on two-land highways.").
162. See Hardy, supra note 112, at 5 ("[S]peed proponents say the 55-m.p.h. law also means that people obeying speed-limit laws become a highway danger, causing unexpected slowdowns in the flow of traffic. 'When I drive a government vehicle. I have to obey the speed limit,' says [traffic operations engineer James] Poston. . . . 'But when I do, I feel like I'm a hazard, since accidents often come from speed differentials.'"); Manning, supra note 60, at 16 (quoting its reporter who drove at the prior posted speed limits, "I am the most dangerous driver on the road.").
163. See Hardy, supra note 112, at 5.
164. Id.
165. See Hallgren, supra note 59, at A23 (reporting on a resident's view of "the law's assumption that we will be responsible for our own driving"); Letts, supra note 64, at 9 ("The lack of limit matches Montana's libertarian instincts. Since the days of the 19th century outlaws 'Rattlesnake Jack' and 'Liver Eating Johnson' . . . the state has had its share of wild folk."); Richardson, supra note 57, at A1 ("'Montanans seem to think they can handle it [driving under the Basic Rule] - unlike in Washington [D.C.], they don't need a lot of signs telling them when they can stand here or park there.'"); Simon, supra note 58, at 1 ("'Our people, [Montanans] they have a philosophy, . . . [t]hey like the freedom to be prudent.'").
166. John Taylor, The Big Sky's the Limit; Speed Limits in Montana, ESQUIRE, Mar. 1996, at 114; see also Brink, supra note 18, at 4D (personifying the state's determination and support for the Basic Rule, one Montanan averred, "Free people . . . govern themselves."). Speed limit proponents respond to this mantra, noting that "Freedom without responsibility doesn't work." Telephone Interview with Bert Obert, Major, Montana Highway Patrol, supra note 54.
167. See In Big Sky State, supra note 4, at 1A ("'It's a blast going fast.'"); Letts, supra note 64, at 9 ("Teenage drivers whooped at the dismantling of the roadside speed signs."). Montanans' glee over the demise of numerical limits on one occasion transcended words: shortly after the former law's repeal, an unknown celebrant "impaled a 55 mph speed limit sign" in front of the state capitol. Across the USA: News from Every State, USA TODAY, Dec. 13, 1995, at 10A. A cottage industry of "No Limits" gear sporting a 65 mph speed limit sign circled and slashed also reflects the state's elation with the Basic Rule. See Jan Falsted, No Limits to Making a Buck, BILLINGS GAZETTE, Oct. 16, 1996, at A1.
168. See In Big Sky State, supra note 4, at 1A ("'It's a blast going fast.'"); Letts, supra note 64, at 9 ("Teenage drivers whooped at the dismantling of the roadside speed signs."). Montanans' glee over the demise of numerical limits on one occasion transcended words: shortly after the former law's repeal, an unknown celebrant "impaled a 55 mph speed limit sign" in front of the state capitol. Across the USA: News from Every State, USA TODAY, Dec. 13, 1995, at 10A. A cottage industry of "No Limits" gear sporting a 65 mph speed limit sign circled and slashed also reflects the state's elation with the Basic Rule. See Jan Falsted, No Limits to Making a Buck, BILLINGS GAZETTE, Oct. 16, 1996, at A1.
169. See In Big Sky State, supra note 4, at 1A ("'It's a blast going fast.'"); Letts, supra note 64, at 9 ("Teenage drivers whooped at the dismantling of the roadside speed signs."). Montanans' glee over the demise of numerical limits on one occasion transcended words: shortly after the former law's repeal, an unknown celebrant "impaled a 55 mph speed limit sign" in front of the state capitol. Across the USA: News from Every State, USA TODAY, Dec. 13, 1995, at 10A. A cottage industry of "No Limits" gear sporting a 65 mph speed limit sign circled and slashed also reflects the state's elation with the Basic Rule. See Jan Falsted, No Limits to Making a Buck, BILLINGS GAZETTE, Oct. 16, 1996, at A1.
170. Gary Gerhardt, Wyo. Zooms into Fast Lane, ROCKY MTN. NEWS, Dec. 9, 1995, at 6A.
171. Letts, supra note 64, at 9.
172. Ironically, one of the Highway Patrol's initial arguments against the Basic Rule was a predicted decrease in speeding infractions. See id. at 9. Law enforcement contended that such traffic stops enabled officers to detain suspicious drivers, often resulting in the motorists' arrests for other, more serious crimes. See id. ("Mr. Wakefield [a Montana Highway Patrol officer] added that speed offenses used to allow the police to pull over shifty-looking motorists. He once apprehended a gang of armed robbers that way."). The argument implied that under the Basic Rule, officers would have fewer opportunities to stop motorists for speeding, thereby depriving police of the opportunities to discover and arrest dangerous offenders. See id. Despite the dubious constitutionality of such a tactic, the predictions now seem inapposite; the Highway Patrol actually issues more citations, perhaps increasing the chance encounters. See Ann Treneman, Speed Is in the Eye of the Cop, INDEPENDENT, Sept. 27, 1996, at 17.
173. See Montana Highway Patrol 1997 Annual Report, Highway Patrol Activity, Citations Issued, Speed - Basic Rule, 1993-1997. See supra note 19 for an explanation of the pre-1996 statistics.
174. See Montana Highway Patrol 1997 Annual Report. Highway Patrol Activity, Citations Issued, Speed - Basic Rule, 1993-1997, supra note 150; see also Across the USA: News from Every State, supra note 146, at 9A ("In December [of 1995], which saw the start of no daytime speed limit on Montana highways, 588 tickets were written for drivers exceeding a speed reasonable and prudent. . . . 300 speeding tickets were issued in December '94."); Gallagher, supra note 68, at 38A ("From January through June [of 1996], the Highway Patrol issued 3,094 warnings and 3,622 tickets for violations of the 'reasonable and prudent' standard. During the same period in 1995, the figures were 487 warnings and 1,823 citations."); High-Speed Image Worries Montana, TELEGRAPH HERALD (Dubuque, Iowa), Jun. 1, 1996, at A11 ("[T]he Highway Patrol issued 530 basic rule tickets in April [1996], about 200 more than in the same month last year.");Treneman, supra note 149, at 17 (noting that through September of 1996 the number of speeding tickets approximately doubled).
175. See Montana Highway Patrol 1997 Annual Report. Highway Patrol Activity, Citations Issued, Speed - Basic Rule, 1993-1997, supra note 150; see also Across the USA: News from Every State, supra note 146, at 9A ("In December [of 1995], which saw the start of no daytime speed limit on Montana highways, 588 tickets were written for drivers exceeding a speed reasonable and prudent. . . . 300 speeding tickets were issued in December '94."); Gallagher, supra note 68, at 38A ("From January through June [of 1996], the Highway Patrol issued 3,094 warnings and 3,622 tickets for violations of the 'reasonable and prudent' standard. During the same period in 1995, the figures were 487 warnings and 1,823 citations."); High-Speed Image Worries Montana, TELEGRAPH HERALD (Dubuque, Iowa), Jun. 1, 1996, at A11 ("[T]he Highway Patrol issued 530 basic rule tickets in April [1996], about 200 more than in the same month last year.");Treneman, supra note 149, at 17 (noting that through September of 1996 the number of speeding tickets approximately doubled).
176. See MONT. CODE ANN. § 61-8-718 (1996).
177. See MONT. CODE ANN. § 61-8-303.
178. Charles S. Johnson, Speed Is Freedom - or Hazard, INDEPENDENT REC. (Helena, Mont.), Jan. 31, 1997, at 2A.
179. See Brooke, supra note 49, at 16. A reporter recounted observing the crosses and their poignant effects: Occasionally, you will find a single cross here and there, some with small patches of flowers planted beneath them. More often, though, you will find two or three welded together. The most I saw in one spot on a recent trip through Montana was five. Several times. They weren't limited to the wide-open spaces or the interstates. You will find them on the approaches to small towns and larger cities, in the mountains and on the prairies, on curves and straight roads and places where there is nothing for miles and miles but miles and miles. It goes without saying, the crosses are a sobering experience, one that reminds you that speed limits are not a bad idea.
180. Fred Lowery, Crosses Present Deadly Reminder on Killer Ways, SUN-SENTINEL (Ft. Lauderdale, Fla.), Dec. 9, 1995, at 5B.
181. See Gallagher, supra note 68, at 38A; Knickerbocker, supra note 7, at 3.
182. Knickerbocker, supra note 7, at 3.
183. Gallagher, supra note 68, at 38A.
184. "Whoa, Dude, There Is a Speed Limit in Montana" Bumper Sticker.
185. See Gallagher, supra note 68, at 38A (describing the campaign's use of billboards, posters, fliers, bumper stickers, and television ads).
186. See Rocky Barker, Montana Speed Limit Reasonable and Prudent; Cops Aren't, FALLS POST REG. (Idaho), Mar. 24, 1996, at B1.
187. Treneman, supra note 149, at 17 ("Now every traffic stop is a hassle."); Barker, supra note 161, at B1. A numerical limit could avoid such strife by clarifying the law for both officers and motorists. See Oldham, supra note 69, at 46 (referring to statements by Montana Highway Patrol Major Bert Obert).
188. See Montana Highway Patrol Legislative Handout, supra note 86; see also Roberts & Edwards, supra note 86 (quoting Montana Attorney General Joseph Mazurek stating, "[t]he time in court defending basic-rule citations because of the subjective nature of those violations is going up dramatically").
189. Montana Highway Patrol Legislative Handout, supra note 86. Strangely, another Highway Patrolman complained that the Basic Rule "makes our officers work harder -they have to have their evidence and argument together when they go to court." Richard-son, supra note 57, at A1. One wonders why this is a problem for officers or why it would constitute a change under the Basic Rule. On a more serious note, Colonel Craig Reap, the head of Montana's Highway Patrol, commented on the expense of such court time, noting that one case cost a small county $700, a substantial sum for a rural, underpopulated area. See Telephone Interview with Craig Reap, Colonel, Montana Highway Patrol (Mar. 21, 1997).
190. Roberts & Edwards, supra note 86 (quoting Montana Attorney General Joseph Mazurek, stating, "You're taking officers off the streets and putting them in the courtroom.").
191. See Montana Highway Patrol Legislative Handout, supra note 86.
192. Henderson, supra note 58, at 3 ("[C]ourt clerks say they can't handle the paperwork from all the citations for basic-rule violations.").
193. However, law enforcement's economic and temporal strains appear less a function of the Basic Rule and more a result of the state's budgetary allocation. See supra Part IV.A. From the Basic Rule's expanding revenue figures, it seems plausible that the fines could ameliorate the law's increased costs as well as provide for the hiring of new Highway Patrol officers, judges or court personnel to meet law enforcement's needs.
194. Treneman, supra note 149, at 17.
195. Laura Bly, The Big Sky Isn't the Limit, USA TODAY, Jun. 7, 1996, at 3E.
196. McCann, supra note 132, at 1.
197. Whitely, supra note 21, at A1.
198. Telephone Interview with Craig Reap, Colonel, Montana Highway Patrol, supra note 164.
199. Id.
200. See Barker, supra note 161, at B1. Additionally, while the primary "standards" controversy involves the speed constituting a Basic Rule violation, there is uncertainty relating to the hours of the day in which the law is in effect. See Oldham, supra note 69, at 46 (articulating the imprecise guidelines the Highway Patrol follows, stating, "Officially, one-half hour after sunset is night. But the rule of thumb, according to [Highway Patrol Major Bert] Obert, is that if you can read your analog wristwatch without the help of artificial light, or without putting it up to your face, it's technically still daytime.").
201. Jim Fisher, Montana Should Avoid Idaho's Speed Limit Roulette, LEWISTON MORNING TRIB. (Maine), Sept. 10, 1997, at 10A (concluding that "The answers from different officers would of course be all over the map, just as different officers' definitions of reasonable and prudent no doubt are.").
202. A reporter for Popular Mechanics summarized the divergence of views on complying with the law: "How fast is reasonable and prudent? Ask 20 people and you'll get 20 different answers." Oldham, supra note 69, at 48 (commenting "there's more gray in this law than in all the hair in Florida").
203. Richardson, supra note 57, at A1.
204. Oldham, supra note 69, at 50.
205. John Hiscock, Catch-22 on Montana's 'Open Roads,' DAILY TELEGRAPH, Apr. 27, 1996, at 11.
206. Robbins, supra note 26, at 6; see also Barker, supra note 161, at B1 (noting that "officers routinely stop drivers traveling over 100 mph").
207. Dave Barry, Pretend Speed Limit Is Abolished, STUART NEWS/PORT ST. LUCIE NEWS (Stuart, Fla.), Mar. 13, 1996, at C1 (quoting Steve Barry, Deputy Chief of Montana's Highway Patrol).
208. Simon, supra note 58, at A1; see also Barry, supra note 182, at C1 (quoting Major Barry admitting that there is "'no theoretical upper speed limit'").
209. Oldham, supra note 69, at 50 ("If I observe Mario Andretti going 113 mph in a new Ferrari on a flat stretch of interstate, I probably wouldn't pull him over.").
210. Tom Vines, Safe at What Speed, CAR & TRAVEL, Jan.-Feb. 1997, at 4a (describing the difficulties of Basic Rule jurisdictional disparities, noting, "Other judges are setting unofficial speed limits, which is causing lots of confusion not only to law enforcement officers, but to the public as well - especially when another judge across the county line has different criteria. There may even be differing interpretations among judges in the same county.").
211. Whitely, supra note 21, at A1.
212. Sullivan, supra note 66, at 37.
213. Id.
214. High-Speed Image Worries Montana, supra note 151, at A11.
215. Barker, supra note 161, at B1.
216. Michael Taylor, State's Speed Up, Deaths Down, S.F. CHRON., Dec. 20, 1996, at A1 ("There are 196 officers out there, and 56 county attorneys and about 80 justices of the peace, and everyone has their own opinion of this law. The conditions are too broad -how steep was the hill, how curvy was the curve. It's impossible to have a consistent enforcement program.").
217. See Montana Highway Patrol Legislative Handout, supra note 86 (noting that officers spend time explaining the basic rule to offenders and preparing cases for court).
218. See Roberts & Edwards, supra note 86.
219. See Barker, supra note 161, at B1.
220. See Johnson, supra note 154, at 2A.
221. See id.
222. See id.
223. Id.
224. Id.
225. Id. The Highway Patrol disagreed with the defense attorney's argument that the driver's background as a mechanic ameliorated the Basic Rule violation: "[O]ther drivers cannot possibly be expected to factor another driver's occupation into their decision making." Montana Highway Patrol Legislative Handout, supra note 86.
226. See Johnson, supra note 154, at 2A.
227. See supra Part I.B.
228. "'People develop a habit of not obeying the law' when the speed limit is lower than most people are driving. . . . 'That bleeds over to stop signs, crosswalks, things that get people hurt.'" Hardy, supra note 112, at 5 (quoting Major Steve Barry, Deputy Chief of the Montana Highway Patrol). Not all commentators ascribe to Major Barry's theory. See Steve Thompson, Changing Driving Habits in a New York Minute, AUTOWEEK, Jan. 8, 1996, at 10 (expressing skepticism that "ignoring unrealistic speed limits equals scofflaws equals running red lights. . . . Better cars and higher speeds don't necessarily make people blow red lights. Driving behavior, like all human behavior, is much more complicated than that.").
229. Hardy, supra note 112, at 5; see also Hallgren, supra note 59, at A23 ("Our legislature made a law reflecting reality instead of prescribing it.").
230. See Roberts & Edwards, supra note 86 (reporting that drivers grow used to faster speeds and do not realize when they are violating a numerical speed limit).
231. See id. ("[C]ity police, [Montana Highway Patrol Colonel Craig] Reap says, report drivers who grow used to faster speeds on the highways and don't slow down to posted limits inside towns. 'When they stop the people and question them about it, the people argue that they did slow down, that they can't believe that they were going 60 in a 45 and those kinds of things.'").
232. See Gene Fadness, A Year Later: Most Motorists Stick to 75 mph, FALLS POST REG. (Idaho), Apr. 28, 1997, at A1.
233. See id. (noting that some motorists "will tell you exactly how fast they were going, but they say they were being 'reasonable and prudent'").
234. See Roberts & Edwards, supra note 86.
235. See Treneman, supra note 149, at 17.
236. See Fadness, supra note 207, at A1.
237. See Montana Wants Brake, supra note 62, at C6; see also Kowal, supra note 11, at A16. The effort marked a change for Governor Racicot who previously supported the Basic Rule as "enhanc[ing] the way of life" for Montanans. Id.
238. See Montana Wants Brake, supra note 62, at C6 (the coalition also proposed a 65 mph speed limit for most two lane roads).
239. See id.
240. See S.B. 64, 55th Reg. Sess. (Mont. 1997).
241. Tom Kenworthy, As Freeway Deaths Rise, Montana Ponders a Speed Limit, WASH. POST, Feb. 3, 1997, at A15.
242. Montana, STATE NEWS BRIEFS, Feb. 13, 1997.
243. See id. The Committee voted to allow debate on a modified version of Senator Crippen's bill with the daytime speed limit raised to 80 mph. Id.
244. Montana Wants Brake, supra note 62, at C6 (noting "many Montanan's are proud of the fact that Montana is the only state without limits").
245. Id.
246. Johnson, supra note 154, at 2A.
247. Other People's Houses, COLUMBIAN, Feb. 16, 1997, at 10.
248. See Montana Rejects Auto Speed Limits, L.A. TIMES, Feb. 16, 1997, at 31.
249. See Taking a Brake on Speed Law/Montana's Death Toll Rises on No-Limit Roads. NEWSDAY (New York, N.Y.), Sept. 8, 1997, at A21 (explaining that some Montanans call for a numerical speed limit as a "matter of life and death").
250. See id.; see also Western Empire, DENV. POST, Oct. 12, 1997, at B-2.
251. See Taking a Brake on Speed Law, supra note 224, at A21 (indicating that between January and September 1997, 177 people died in traffic accidents - 42 more than had died during the same period in 1996).
252. Id.
253. Id.
254. News stories and polling data confirmed the dim outlook for convening a special session to impose speed limits. See Quote, Unquote, STATE CAPITOLS REPORT, Oct. 31, 1997 ("'Absolutely not, no way!' [said] Montana House Minority Leader Vicki Cocchiarella, when asked if a special session should be held to reinstate speed limits for the state's highways."); Witkowski & Edwards, supra note 84 ("[T]he call for a special session is not expected to succeed . . . ."); Across the USA: News from Every State, supra note 146, at 12A ("A Great Falls Tribune poll finds 64% of Montanans want speed limits on highways, but 50% say the Legislature shouldn't convene in special session to establish them. Forty-three percent say a special session is necessary.").
255. News stories and polling data confirmed the dim outlook for convening a special session to impose speed limits. See Quote, Unquote, STATE CAPITOLS REPORT, Oct. 31, 1997 ("'Absolutely not, no way!' [said] Montana House Minority Leader Vicki Cocchiarella, when asked if a special session should be held to reinstate speed limits for the state's highways."); Witkowski & Edwards, supra note 84 ("[T]he call for a special session is not expected to succeed . . . ."); Across the USA: News from Every State, supra note 146, at 12A ("A Great Falls Tribune poll finds 64% of Montanans want speed limits on highways, but 50% say the Legislature shouldn't convene in special session to establish them. Forty-three percent say a special session is necessary.").
256. See Western Empire, supra note 225. The defeat may be attributed to the cost of invoking a special legislative session and the unwillingness of some legislators to repeal the law after such a relatively short test period. See Telephone Interview with Bert Obert, Major, Montana Highway Patrol, supra note 54.
257. See Western Empire, supra note 225. The defeat may be attributed to the cost of invoking a special legislative session and the unwillingness of some legislators to repeal the law after such a relatively short test period. See Telephone Interview with Bert Obert, Major, Montana Highway Patrol, supra note 54.
258. See Witkowski & Edwards, supra note 84 ("A speed limit faces stiff opposition from conservative eastern Montana lawmakers. They come from the wide open plains, where you might not pass another car for miles."); Brooke, supra note 49, at 16 ("Driving speeds tend to be higher in the plains of eastern Montana, where long stretches of straight, flat road connect farflung communities."); Daytime Speed Limit Not Supported, STATE NEWS BRIEFS, Dec. 19, 1996 ("Lawmakers say they do not believe polls showing an equal split on the issue of posted daytime speed limits. Three legislators from central Montana say they've found little or no support for the proposal.").
259. See Daytime Speed Limit Not Supported, supra note 231.
260. See Charles S. Johnson, What We Prefer, STANDARD (Lee, Mont.), Jan. 5, 1997, at A1.
261. See id.
262. See id.
263. See id.
264. See Brooke, supra note 49, at 16.
265. See State v. Stanko, No. 97-486, 1998 WL 892127 (Mont. Dec. 23, 1998).
266. See id. at *1.
267. Id. at *4.
268. See id. at * 5.
269. See id. at *7.
270. Id. at *6.
271. Id. at *9 (Regnier, J., dissenting).
272. Id.
273. State v. Stanko, No. 98-106, 1998 WL 896273, at *7-*8 (Mont. Dec. 24, 1998).