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How so? Its very clearly over the limit, its not like you can accidentally go around 30% over the limit. Plus don't cars usually over report their speed slightly?
The only surprise is that she was caught, so she probably does this all the time and this was just the time she was finally caught doing it.
When that 30% is 8mph, yes you can
So I'm not advocating for speeding, and I think getting a ticket for going 38 in a 30 is reasonable enough, she should be more careful. But "the probability of death given a collision" is an astronomically low contributor to the risk to pedestrians compared to "the probability of a collision." We all know getting hit by a car is extremely dangerous even at low speeds. The risk of hitting a pedestrian doesn't go up much between 38mph and 30mph under normal conditions, so the risk to pedestrians doesn't change much. It's probably within typical margins considering the difference between drivers who may be older, have slower reaction times, have slept less that day, etc.