Home » LAW »» Additional Legal Subjects

A question regarding my defense for Careless Driving (Additional Legal Subjects)

Comments (6) | Promote | Bookmark |

• Leave a Comment Now.
• Comments
• Tue, 19 Apr 2005 18:03:00 GMT(1)
• <poe@lawknowledge.org.europa.com> wrote in message
  news:19n8611e0ecp53dlt67dgi2pvvor0r3755@lawknowledge.org.4ax.com... Hi, I'm trying to put together a defense for a Careless Driving charge. I was cited for careless driving for not having a seat on my motorcycle.
  ....
  Where do I stand on this? I would appreciate any help I could get.
  
  Where do you _stand_ on it? I'm still wondering how you _sit_ on it.
  
  Regards.
  
  --
  
  Robert
• Tue, 19 Apr 2005 18:04:00 GMT(2)
• poe@lawknowledge.org.europa.com wrote: Hi, I'm trying to put together a defense for a Careless Driving charge. I was cited for careless driving for not having a seat on my
  motorcycle. I spent today going through the Federal motor vehicle safety standards, and there is no standard regarding motorcycle seats. However, the definition of a motorcycle includes that it has a seat. (but doesn't define seat in any way) Where do I stand on this? I would appreciate any help I could get. Thank you, Bret
  
  Bret,
  What you should be focusing on is what is the definition of "careless
  driving" by your local criminal code, or county, depending on who gave
  you a ticket. The Federal motor vehicle safety standards are largely
  irrelevant to your issue.
  You don't post what jurisdiction you are in, but you need to find out
  what is "careless driving" and establish that driving without a seat on
  a motorcycle does not fit within that definition. We can't help you
  without knowing where you are.
  Good luck,
  David
• Sat, 23 Apr 2005 17:11:00 GMT(3)
• In article <geab61h2ecok0bc97ep75entpd8f9570au@lawknowledge.org.4ax.com>,
  Paul Cassel <pcasselplustwo@lawknowledge.org.comcast.net> wrote:poe@lawknowledge.org.europa.com wrote: I'm trying to put together a defense for a Careless Driving charge. I was cited for careless driving for not having a seat on my motorcycle. I spent today going through the Federal motor vehicle safety standards, and there is no standard regarding motorcycle seats. However, the definition of a motorcycle includes that it has a seat. (but doesn't define seat in any way)Were you cited by the FBI? If not, then you need to look at localordinances. What exactly are the local laws regarding street use ofmotocycles? For example, if the law states that one must ride a bikesitting on the seat, then perhaps you were cited for this.
  
  I doubt that federal law will save the original poster, but looking
  up the Federal Motor Vehicle Safety Standards (FMVSS) is a reasonable
  thing to do when faced with a state equipment violation ticket.
  
  States are not permitted to enforce motor vehicle safety standards
  on subject matter covered by Federal safety standards unless the
  state standard is identical to the federal standard. This is in
  part to allow a single type of vehicle to be sold nationwide.
  (California is specifically exempt from the corresponding rule
  for pollution standards; Congress decided that it was reasonable
  to have one basic design with two pollution control system
  variants.)
  
  If there were a FMVSS saying "a motorcycle may have a seat
  or a bare metal post for the rider" then the state would be
  forbidden from ticketing a rider for having a bare metal
  post instead of a seat. The ticket would be the enforcement
  of a standard not identical to a federal standard covering
  the same subject matter. (Preemption also covers tort law,
  so in this hypothetical the rider couldn't be held liable
  for an accident on the grounds that he chose to sit on a
  metal post instead of a seat.)
  
  Federal preemption extends slightly beyond the literal terms
  of the FMVSS. When the federal government declined to require
  airbags in all cars states were not permitted to require airbags.
  On the other hand, the lack of safety standards for certain truck
  brakes was held to allow state regulation of such brakes. It
  depends on whether the lack of a standard is an omission or a
  positive decision that a certain piece of equipment ought not to
  be regulated.
  
  --
  John Carr (jfc@lawknowledge.org.mit.edu)
• Tue, 19 Apr 2005 18:04:00 GMT(4)
• poe@lawknowledge.org.europa.com wrote: Hi, I'm trying to put together a defense for a Careless Driving charge. I was cited for careless driving for not having a seat on my motorcycle. I spent today going through the Federal motor vehicle safety standards, and there is no standard regarding motorcycle seats. However, the definition of a motorcycle includes that it has a seat. (but doesn't define seat in any way) Where do I stand on this? I would appreciate any help I could get.
  
  Were you cited by the FBI? If not, then you need to look at local
  ordinances. What exactly are the local laws regarding street use of
  motocycles? For example, if the law states that one must ride a bike
  sitting on the seat, then perhaps you were cited for this.
  
  More importantly, what is the definition of 'careless driving' in your
  locale? If the cop cited you on the theory that riding w/o a seat is
  careless in and of itself, then you'll need to assemble a cadre of
  experts to testify that riding that way isn't careless.
  
  Since you haven't stated the statute for careless driving or why the cop
  stopped you, I can't comment more.
  
  -paul
  ianal
• Tue, 19 Apr 2005 18:04:00 GMT(5)
• poe@lawknowledge.org.europa.com wrote: Hi, I'm trying to put together a defense for a Careless Driving charge. I was cited for careless driving for not having a seat on my motorcycle. I spent today going through the Federal motor vehicle safety standards, and there is no standard regarding motorcycle seats. However, the definition of a motorcycle includes that it has a seat. (but doesn't define seat in any way) Where do I stand on this? I would appreciate any help I could get.
  
  Were you cited by the FBI? If not, then you need to look at local
  ordinances. What exactly are the local laws regarding street use of
  motocycles? For example, if the law states that one must ride a bike
  sitting on the seat, then perhaps you were cited for this.
  
  More importantly, what is the definition of 'careless driving' in your
  locale? If the cop cited you on the theory that riding w/o a seat is
  careless in and of itself, then you'll need to assemble a cadre of
  experts to testify that riding that way isn't careless.
  
  Since you haven't stated the statute for careless driving or why the cop
  stopped you, I can't comment more.
  
  -paul
  ianal
• Tue, 19 Apr 2005 18:04:00 GMT(6)
• > I'm trying to put together a defense for a Careless Driving charge. I
  was cited for careless driving for not having a seat on my motorcycle.
  Where do I stand on this?
  
  Probably on the pegs. The more interesting question is where you sit
  on this.
  
  The moderator is going to reject this. I don't care.
  
  --
  - David Chesler <chesler@lawknowledge.org.post.harvard.edu>
  Iacta alea est
• Leave a Comment Now.

Additional Legal Subjects Open Questions

saylo1234@aol.com (LovingPerson) wrote in message news:< So, the answer to part of the question is that: military members are taught to refuse unlawful orders. The second part of your question is more vague. How do you define unlawful orders? That question I will have to leave to legal brains......

Here is the situation. Mother died and left a trust that gave Home to Son and Daughter, with Daughter as trustee. Instead of selling Home and distributing the proceeds, Daughter moved in to Home and has been living there for three and a half years. The Trus says that she should have sold it and......

On Mon, 04 Aug 2003 13:32:16 -0400, sethb@panix.com (Seth Breidbart) wrote: What should the lawyer quote his charges on ?If he were ethical, the number of hours he expects to spend. Not true. Model Rule of Professional Conduct 1.5(a), relating to fees, lists eight factors to be considered in......

"Seth Breidbart" <sethb@panix.com> wrote in message news:0v4tiv04ikuvaqfvjprnhi2ddch3ofhvb2@4ax.com... What should the lawyer quote his charges on ? If he were ethical, the number of hours he expects to spend. I was told that, in some states, lawyers charge excessive fees for......

In article <55d552be856a91bdc6ae96ee3ebc5c95@news.1usenet.com> Moose Goose <nowhere@nowhere.com> writes:Company A offers a reward to its customers for any information aboutcompany C's products. The reward is typically under $1000US. Company Bviolates company C's NDA and sends the......

Greetings, I live in Washington State and was just wondering what is the legal rule of thumb when putting up a fence or retaining wall? Am I allowed to go all the way to the property line or must I stay back some amount? Jen...

I received this in an email from Africa. Is it a scam?------------------------------------------------------------------ Subject: IMMEDIATE ATTENTION NEEDED: HIGHLY CONFIDENTIAL URGENT ASSISTANCE - FROM USA FROM: GEORGE WALKER BUSH 202.456.1414 / 202.456.1111 FAX: 202.456.2461 Dear Sir / Madam, I......

On Fri, 31 Dec 2004 06:01:45 -0800, zonq <w@w.w.w@w.w.w@w.w> wrote: From: Ed Clarke <clarke@cilia.org>In article <lug8t01ajr0nole9uf2q7l3uvgu53mp6qt@4ax.com>, Steve wrote: "MrPepper11" <MrPepper11@go.com> wrote:>It is an increasing holiday frustration:......

Amy was a well-known exporter whose business was to export goods to Singapore and Malaysia. As she needed to keep a large stock of goods, Amy signed a contract with Paul on 1 January 2004 to store goods in Paul's warehouse at a rate of $5000 per month for one year. It was provided in the contract......

that is based on einstein's theory of relativity. how can you receive adequate notice of a law that is it's own requirement if you cannot even read?...

Some questions maybe you're interest in...

[Tax Law] And now ANOTHER dose of REALITY: T.C. Memo. 2002-18 UNITED STATES TAX COURT MARK CHRISTOPHER AND NANCY LOUISE CORCORAN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2947-01. Filed January 18, 2002. Mark Christopher Corcoran, pro se. Timothy F. Salel, for respondent..........

[Tax Law] Our Home Owners Association is incorporated as a non-profit corporation in the state of Ohio. We members have reason to believe that the president of our association has been contracting with his son's one-person software company for "services" to our community. Unfortunately, the.........

[CRIMINAL LAW & PROCEDURE] What is the name of your state (only U.S. law)? new jersey hi i would like some advice asap...well this is da story it was 4 dfriends n i walkin in the street. we passed this girl's house n we kinda dnt like her so one of my friends started screamin outside her house that she was a hoe n she.........

[Traffic Law] Just wanted to let you know 'the rest of the story'. I was referred to an attorney thru a 'friend of friend'. The attorney has dealt with the 'towing' company operators before. According to TN law regarding towing procedure, he says that we will be able to charge the towing company with Grand.........

[Government & Administrative Law] What is the name of your state? CA My son did not do the action he is accussed of and was cut from the school program. During several chemistry lessons the teacher left the class unattended for almost entire class periods. The roll book was left opened on teacher's table with all other papers..........

[Wills & Trusts] What is the name of your state? wisconsin I am 76 yrs old and my son 53 is a spendthrift and has numerous liens and judgements against him. i would like to provide for him after my death but don't want his creditors receiving the assets I would bequeath to him. can i set up an irrevocable trust,.........

[Consumer Law & Fraud] a friend of mine who has bank accounts in two different banks wrote a check from one to the other to transfer some money and the bank added a couple of zeros to the end and bounced it- he called and told them to reverse the nsf fees which they did. The next day they put the erroneously large.........

[BUSINESS & FINANCIAL & Corporate LAW] What is the name of your state (only U.S. law)? TX I basically have inherited a mess. I hope I'm posting this is in the correct area. I also hope I'm not overloading on the details... A friend (L) with a background in Early Childhood Development helped several other friends with toddlers.........

[Insurance Law] undefinedWhat is the name of your state? Oklahoma I took my son to the dentist a few months ago. The dentist checked his teeth and recommended that he have sealants. I told him that he had sealants put in one year ago. He said that they had worn off and that he needed them again. I asked if the.........

[Family Law] "WhansaMi" <whansami@aol.com> wrote in message news:20040302193228.08979.00000655@mb-m14.aol.com... That isn't what I am saying. I am saying that she gave you what you say you want. It, obviously, wasn't good enough to "bask" in. I'm growing more and more of the opinion.........