请教大家一个司法解释方面的问题 - 未名空间MITBBS历史存档

国际科技财经博客移民网络热点娱乐民生时事公众号

Redian新闻

>未名空间

>Law - 律师事务所

请教大家一个司法解释方面的问题

请教大家一个司法解释方面的问题# Law - 律师事务所

a*a2007-05-16 07:05

1 楼

俺停在end of an angled isle，倒车时正好有一辆车从反方向进入，俺撞上对方车前
部驾驶员一侧的车门，警察来后给了俺一个ticket for careless driving，俺不服准
备上庭。在准备过程中，俺查了查佛州的交通法规，关于careless driving是这么定义
的：
Any person operating a vehicle upon the streets or highways within the state
shall drive the same in a careful and prudent manner, having regard for the
width, grade, curves, corners, traffic, and all other attendant
circumstances, so as not to endanger the life, limb, or property of any
person. Failure to drive in such manner shall constitute car

n*e2007-05-16 07:05

2 楼

到头还是取决于法官怎么理解。看你运气了。

D*s2007-05-16 07:05

3 楼

It's impractical to enumerate all possible circumstances under which you
might be driving. Thus it is up to the judge to determine whether your act
contitutes "careless driving" or not, based upon the particular circumstance
and precedents.
I strongly urge you not to argue with the judge on the specific words used
in the law. After all, the thrust of the law is "operating a vehicle in a
manner that will endanger the life, limb, or property of any person".
Careless driving in a parking lot does n

【在 a*****a 的大作中提到】

: 俺停在end of an angled isle，倒车时正好有一辆车从反方向进入，俺撞上对方车前
: 部驾驶员一侧的车门，警察来后给了俺一个ticket for careless driving，俺不服准
: 备上庭。在准备过程中，俺查了查佛州的交通法规，关于careless driving是这么定义
: 的：
: Any person operating a vehicle upon the streets or highways within the state
: shall drive the same in a careful and prudent manner, having regard for the
: width, grade, curves, corners, traffic, and all other attendant
: circumstances, so as not to endanger the life, limb, or property of any
: person. Failure to drive in such manner shall constitute car

a*a2007-05-16 07:05

4 楼

Thanks. This legal wording is my first argument against the citation. My
second argument is that the reason the police officer wrote me the citation
was that, he said, although the other driver entered the isle from the wrong
side, but she was in motion and I was stationary, thus she had the right-of
-way. My argument is that we should be talking about the right-of-"same way.
" I checked the isle behind me before I started pulling out, and the other
driver was not in the isle, the moment I start

【在 D**********s 的大作中提到】

: It's impractical to enumerate all possible circumstances under which you
: might be driving. Thus it is up to the judge to determine whether your act
: contitutes "careless driving" or not, based upon the particular circumstance
: and precedents.
: I strongly urge you not to argue with the judge on the specific words used
: in the law. After all, the thrust of the law is "operating a vehicle in a
: manner that will endanger the life, limb, or property of any person".
: Careless driving in a parking lot does n