In March 1996, Stanko was ticketed for traveling 85 mph on Montana State Highway 200. He contested the charge in justice and district courts and was convicted by a jury twice. His second appeal landed the case in the Montana Supreme Court in December 1998. That court, in a four-to-three ruling, reversed the district court’s judgment. It called the “reasonable and prudent” clause vague on the grounds that it “impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis . . . ” Neither the citing officer nor the attorney general at the time were able to specify a speed that would have been safe at the location where Stanko was stopped. In its finding, the court also stated that the “reasonable and prudent” clause, because of its vagueness, denied defendants due process. It was a shallow victory.
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