78
votes
If a signal person in California tells me to kill someone, do I have to do so?
You are not reading a law book here and you should not interpret a driving test so literally. It's quite clear that the question implies you should follow all of their instructions regarding how to ...
- 4,205
49
votes
Accepted
Why is the defendant presumed guilty in traffic court?
It seems like the officer should have to present at least some kind of evidence that the alleged crime occurred.
Testimony is evidence. Officers can and do abuse this, but courts tend to give them ...
- 27.7k
40
votes
Accepted
Is it legal for a group of drivers to completely "fill" a roundabout?
They are impeding traffic, a Class D traffic violation.
Oregon Traffic Code 811.130:
Impeding traffic; penalty. (1) A person commits the offense of impeding traffic if the person drives a motor ...
- 25.6k
35
votes
Traffic Accident. Defending myself (Canada)
Let's be quite brutal here.
Inexperienced driver doesn't mean the driver made a mistake. Lots of friends in the car doesn't mean they interferred with his driving. Loud music in the car is totally ...
- 28.2k
32
votes
Can a married couple be charged with a traffic infraction?
Note: I am not familiar with Washington law, but I can make an educated guess as to what is happening here.
I am guessing that the couple in question are the joint registered owners of the motor ...
- 2,000
30
votes
Would it be illegal for me to act as a “Civillian Traffic Enforcer”?
While local law varies, most jurisdictions do not authorize citizens' arrests for traffic violations. Generally, citizens arrests are authorized only for misdemeanors and felonies outside the traffic ...
- 152k
24
votes
Accepted
How do free-speech protections in the United States apply in public to corporate misrepresentations?
It is legal to be wrong, it is legal to say false things in public (leaving out defamation), and it is legal to buy and manufacture signs that say false things. Moreover, the sign does not make a ...
- 177k
21
votes
Is a US (New York) police officer allowed to take your keys at a traffic stop?
The policeman ordered, right as he took a step out of his car "Turn it off!" - which is a lawful demand to prevent the biker from possibly kicking the gas and running. As the driver did not ...
- 20.5k
20
votes
Algorithm generated fines
I assume you're talking about this case: Bus lane camera mistakes woman's sweater for number plate.
No he couldn't just ignore it - because that doesn't actually result in it getting put in front of a ...
- 3,723
19
votes
Accepted
In the United States, do pedestrians always have right of way?
This varies greatly by state, but the pedestrians "right of way" is quite a common misconception. Pedestrians do not always have the right of way, but you're also not allowed to just run them over if ...
- 4,205
17
votes
Is there a general duty to avoid creating unsafe situations when driving (Belgium)?
There are multiple questions on different areas of law, but I will answer purely on any criminal liability arising by the drivers concerned and leave the question(s) on civil liability to others.
The ...
- 28.6k
17
votes
Why is the defendant presumed guilty in traffic court?
European viewpoint:
"Innocent until proven guilty" relates only to the criminal process.
There is also an "administrative process" where the traffic control pretty much belongs, as ...
- 1,031
17
votes
Accepted
Is it illegal to use a horn in circumstances other than which will prevent a collision
From the Highway Code:
Rule 112
The horn. Use only while your vehicle is moving and you need to warn other road users of your presence. Never sound your horn aggressively. You MUST NOT use your horn
...
- 8,573
16
votes
Can a married couple be charged with a traffic infraction?
Washington State resident here, although it may even depend on the city that issued the ticket. They probably just sent the ticket to you both since you're the registered owners of the car (as others ...
- 261
16
votes
Would it be illegal for me to act as a “Civillian Traffic Enforcer”?
The circumstances under which one may make a "citizen's arrest" vary depending on the jurisdiction. In most the citizen must have actually witnessed a violation of law. In some the violation ...
- 107k
15
votes
Accepted
Do jaywalking laws apply in neighborhoods and other areas with few-lane roads?
I believe the answer you seek can be found by searching for the terms "(desired state name) statutes pedestrian crossing."
In the case of the state of Florida, there are references to the ...
- 772
12
votes
Do you have to obey English-only traffic signs in Toronto?
Edit:
There is a forum that discusses the Ontario Highway Traffic Act, and this is apparently a question that gets asked a lot. To sum up the discussion, because of O.Reg 615 of the French Language ...
- 988
12
votes
Why is the defendant presumed guilty in traffic court?
However, if it's his word against mine ...
I don't know the US point of view, but I have read that in Germany the courts evaluate the "evidence" (which includes statements of witnesses) by ...
- 794
12
votes
Can a married couple be charged with a traffic infraction?
Nobody is "charged" with running a red light in Washington. Instead, pursuant to RCW 46.63.170, red light cameras can be used to assign infractions. One of the restrictions on the use of ...
- 177k
11
votes
Accepted
No Blinker in a Left Turn Lane: Is It Illegal?
It's legal
The Ohio Court of Appeals has addressed a nearly identical situation in State v. Paseka.
The relevant law is, as you noted in the question, R.C. 4511.39, which states, in relevant part:
No ...
- 10.1k
11
votes
When in court, how do you determine when to push the rules aside and make up your own?
It is true that in the US, valid Federal law supersedes state law or regulation when there is a conflict. Precisely because of this, state laws and regulations are normally carefully written to avoid ...
- 107k
10
votes
Accepted
Is it legal to drive a vehicle with the driver wheel on the opposite side?
People can take their personal cars through the Channel Tunnel from Great Britain to France. They don't actually drive their cars through the tunnel, but going by car is a perfectly normal way to ...
- 552
10
votes
Accepted
Can you charge someone with perjury during a traffic stop
As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack ...
- 47.9k
9
votes
Accepted
Are NYPD fleet license plates legal?
In New York State, vehicle registration requirements (including the requirement to display license plates) are under Title IV of the Vehicle and Traffic Law. Title IV refers to "motor vehicles." ...
- 21.7k
9
votes
Would it be illegal for me to act as a “Civillian Traffic Enforcer”?
Anecdote: One time ~ 35 years ago I was stopped at a red light. Car in the lane next to me zooms through the intersection. A cop was in the intersecting road, and he turned and followed and pulled the ...
8
votes
Accepted
Simple techniques to take away from police officer's credibility
I have beaten all but one of my traffic tickets just by going to court. In one case, the judge threw out the charge because he couldn't read the officer's handwriting on the ticket. In another, the ...
- 6,268
8
votes
Received a sticker on my car window on a private company car park
You may be entitled to compensation for reasonable costs related to restoring your window to its previous state. If you sue, you will have to present your actual expenses and show that they are ...
- 4,144
8
votes
Legal to "drive" without a license
Apparently, people are citing these cases for the proposition that there is a right to drive a car without a license (several facebook accounts making this claim have been shut down and a document ...
- 152k
8
votes
Accepted
Pedestrian Hit because Stopped in Crosswalk
When a pedestrian is in a clearly marked crosswalk, and didn't suddenly leap out in front of an oncoming car, the vehicle operator is legally obligated to stop. Stop, not merely slow down, see for ...
- 177k
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