77
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 proceed through traffic. Sometimes those instructions do involve "breaking laws" such as driving on the wrong side of the road or proceeding through a traffic ...
25
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 false statement, in that legal liability is distinct from moral responsibility. In fact, the sign helps to decrease their legal liability. Via this sign, you have ...
19
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 they're in the middle of the street. That's why states have jaywalking laws, and a lot of people don't realize that they can be ticketed for it - because it's a ...
11
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 Services Act, there is a possibility that you can challenge uniligual signs in French service regions like Toronto. The reality is, Toronto never adopted the ...
10
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 travel between those two countries. That's probably the most well-known place where drivers will switch from driving on one side of the road to the other, but there ...
9
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." However, Section 125 of the law, which defines "motor vehicle" for the purposes of the law, states that:
Every vehicle operated or driven upon a public highway ...
8
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 officer charged that I was parked in a "no parking" zone on a particular street (at night), but gave a cross street where parking was, in fact, allowed.
8
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 making this argument is signed with the Biblical name of God). This is frivolous poppycock reserved for conspiracy theory crackpots that also never works.
A ...
8
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 example RCW 46.61.235
The operator of an approaching vehicle shall stop and remain stopped
to allow a pedestrian or bicycle to cross the roadway within an
...
8
How do free-speech protections in the United States apply in public to corporate misrepresentations?
As a general rule in the United States, in the case of an accidents between a leading vehicle and a following vehicle, the leading vehicle is usually not responsible for the accident as the following vehicle is the one with the duty to avoid colliding with the second car. Considering that the most likely speed to encounter a truck with sufficient speed to ...
7
This is an excellent explanation.
All Australian jurisdictions have (in general) common road rules. In NSW these are enacted by Road Rules 2014 regulation under the Road Transport Act 2013.
The relevant provision is Clause 306:
306 Exemption for drivers of emergency vehicles
A provision of these Rules does not apply to the driver of an emergency ...
7
This question is meant to be within the scope of "using the road" - Option (B) is wrong where, for example, there is a traffic light stuck on red for all sides, and someone directing traffic.
If you were to kill someone because a person - even if a "signal person" (which is really just a person in some slightly special clothing) told you to, you would be ...
7
Now after 4 years I still can't get it off my mind and it's consuming
me thinking that I was fooled into believing that the rule of law was
the norm in this country (not the jungle law) and the beautiful
constitution we have is not there just to look pretty, but something
we can rely on.
So, at this point, do I need legal help? Or mental help or ...
6
Yes, you pretty much have to. While one person convinced one Justice of the Peace that the English-only signs were invalid in 2004 (and then pled guilty on appeal), in 2011 an attempt to argue that the signs were invalid was rejected by lower courts, and the Ontario Court of Appeal refused to hear that case while commenting that they considered the 2004 ...
6
Using two states as examples:
In California, emergency vehicle operators are exempt from pretty much the entirety of the rules of the road (VC 21055). They can pass you on the right if they want to. Department policy might say no, but that depends on department policy and the details of their emergency vehicle operation course.
However, California law ...
6
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 reasonable. Ultimately this boils down to how much it really costs to clean the glue off your window. A safe bet is to take it to a few reputable dealers/shops, get ...
6
(Note: this is not a treatise on traffic law, but a general guideline, covered by the general spirit of traffic regulations like hinted at in Section 23103(a) quoted below. It should help the OP to sort his thoughts, not be used as base for a court case. It is meant to help the OP answer the question of whether a traffic rule can *make him kill a human*, not ...
6
You are completely in the wrong.
It is against the law to operate a motor vehicle without a license. It is against the law to have a motor vehicle that is not insured. It is against the law to violate the conditions of your probation which almost certainly provide that you are not allowed to operate a motor vehicle until your license is reinstated and you ...
5
No. The law would be void for vagueness.
Connally v. General Construction Co., 269 U.S. 385, 391 (1926):
[T]he terms of a penal statute [...] must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties… and a statute which either forbids or requires the doing of an act in terms so ...
5
It depends, but you should do it, just to be safe.
Let's say you live in a town with one main road. The town council has decided that every road that has an intersection with this main road must have a stop sign placed on it. The idea catches on among the townspeople, and after the signs are placed accordingly, the accident rate goes down, and everyone is ...
5
Some states allow you to just exchange information and then each party files their own accident report with the police and the DOT within an allowed amount of time, so long as the cars are only minimally damaged and nobody is hurt. If one party wants the police there, it is standard to wait. If both decide it not necessary, it is fine to leave. Either way, ...
5
I took my car to the mechanic to have a squeaky brake looked at. I was told it would cost $30. The mechanic fixed whatever the problem was. When I was checking out, they could not find a $30 brake-work item in their computer so they billed it as Tire Balancing $30. Or some such thing. Meh, accounting.
This is not how the law works.
The prosecution needs to ...
5
Yes, you may cover it up (I don't recommend painting over it though, as you are then altering the plates). This question was definitively decided by the Supreme Court in Wooley v. Maynard (1977). You can find the case here: http://caselaw.findlaw.com/us-supreme-court/430/705.html
This case dealt with an individual who was given several citations for ...
5
Original answer:
I am on probation which makes this even more important to resolve.
Because you are on probation, you really should consult a lawyer because you might be violating the terms or conditions of probation when you received your ticket. For example, some people's probation require them to tell their probation officer every time they have ...
5
Short answer
The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more.
Your instincts towards the ...
5
The law says don't drive an unsafe vehicle on the road. You disobeyed the
law. There were methods of having your tyres fixed without driving on the road (e.g. taking the tyres to the mechanic in a different vehicle, calling a mobile mechanic etc.) so you have no defence of necessity.
In all likelihood you will be convicted and penalised. You need legal ...
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