Civil and Criminal issues. Traffic related.

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Messages 1 - 17 of total 17 in this topic
BES1'st

climber
USA
Topic Author's Original Post - Oct 5, 2012 - 09:16pm PT
Some vehicle codes and others listed as unlawful immediately lead to
contempt which is a crime. This 1 did not appear to lead immediately
to contempt and the annotations immediately show the punishment as a
tort of contributory negligence after a wreck occured.

CA VC 22101(d)->Multiple stationary signs on a single pole included.

(d) When official traffic control devices are placed as required
in subdivisions (b) or (c), it shall be unlawful for any driver of a
vehicle to disobey the directions of such official traffic control
devices.
Ron Anderson

Trad climber
USA Moundhouse Nev. and land o da SLEDS!
Oct 5, 2012 - 09:23pm PT
uuuhhhhlike wow man....
Randisi

Social climber
Dalian, Liaoning
Oct 5, 2012 - 09:26pm PT
I know he's been around a while, but is BES1'st a spambot?
Captain...or Skully

climber
Oct 5, 2012 - 09:27pm PT
No. Just very very focused.
Jon Beck

Trad climber
Oceanside
Oct 5, 2012 - 09:37pm PT
or a lack of focus, he was aiming for the Friday drunk post
zBrown

Ice climber
chingadero de chula vista
Oct 5, 2012 - 09:46pm PT
Best to always behave civilly even in criminal circumstances.
BES1'st

climber
USA
Topic Author's Reply - Oct 5, 2012 - 10:01pm PT
This,
http://www.dmv.ca.gov/pubs/vctop/d17/vc40509_5.htm

does not currently appear here.
http://www.leginfo.ca.gov/calaw.html

Seems that failure to appears occur in *May more than 1 year
after appearing and paying what is court ordered. *This month
is the month that workman's comp is due once a year. Workmans
Comp violations carry a criminal charge under CA VC 34600
Motor Carrier Act that maybe more severe than the otherwise
felony elsewhere.


BES1'st

climber
USA
Topic Author's Reply - Oct 6, 2012 - 05:38pm PT
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=588-598

588. Issues arise upon the pleadings when a fact or a conclusion of
law is maintained by the one party and is controverted by the other.
They are of two kinds:
1. Of law; and,
2. Of fact.

Also Reference 591, 592

Im wondering if the Depts. take the above into consideration
prior to ordering suspensions and failure to appear?

Proper notice.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008

Jon Beck really a climber and his wife I know had a pig that looked
like that.
johnboy

Trad climber
Can't get here from there
Oct 6, 2012 - 05:46pm PT
I just got back from Colorado. In Boulder I broke their code and I was fined $50 for not having a vanity license plate. An annotation at the bottom of the ticket explained why it was double to $100, seems my vehicle was worth less than $50,000 and was not properly washed and shined.

I hate annotations!!!
Toker Villain

Big Wall climber
Toquerville, Utah
Oct 6, 2012 - 05:50pm PT
First traffic control device was built here in Utah by SLC traffic cop, Lester Wire, out of a birdhouse exactly 100 years ago, and placed at 2nd South and Main.

It was controlled by a manual switch.

What I can't figure out is how the drivers knew what red or green meant,..
BES1'st

climber
USA
Topic Author's Reply - Oct 7, 2012 - 08:13pm PT
johnboy I turned right on a red light which is normally
always legal. A concern is possibly creating confusion
in order to obtain revenue without regard for further
safety.

Interesting toker, im not certain either.

Negligence is not doing what a prudent person would
do or doing what a prudent person would not do. Then
there has to be a statutory breach. Probably some or
many traffic penalties are actually civil penalties
for negligence and neither a crime nor infraction.
Don Paul

Big Wall climber
Colombia, South America
Oct 8, 2012 - 06:13am PT
Not sure where to even start with this case.
dirtbag

climber
Oct 8, 2012 - 06:20am PT
You sure do seem to get into quite a few legal problems.
BES1'st

climber
USA
Topic Author's Reply - Oct 8, 2012 - 08:06am PT
There is no current case. Im taking a look at 4 tickets received
within a year. 3 in a personal vehicle as this, and 1 1n a commercial
vehicle. These tickets came about in a small mountain town of about
1000 persons. We were the only contactor with a crane, roll off and
loaders to begin with. Suddenly there were dozens of cranes brought
up there by other contractors with 100's of workers and their personal
vehicles added to the small community.

Im still wondering why many traffic cases may deprive a jury when
there is issue of fact.
Gary

Social climber
Monza by the streetlight
Oct 8, 2012 - 08:14am PT
You may need to meet with DMV.

Any other acts whatsoever beyond the reasonable control of the Party affected, then the Party so affected shall upon giving prior written notice to the other be excused from such performance to the extent that such cause prevents, restricts or interferes with it PROVIDED THAT it shall use its best to avoid or remove such cause of non performance and shall continue performance hereunder with the utmost despatch whenever such causes are removed; then upon such prevention, restriction or interference as aforesaid arising, the vehicle operator and the Department of Motor Vehicles shall meet forthwith to discuss what modifications (if any) may be required to the terms of this Code in order to arrive at an equitable solution.
blahblah

Gym climber
Boulder
Oct 8, 2012 - 09:16am PT
Im still wondering why many traffic cases may deprive a jury when
there is issue of fact.
You don't have an absolute right to a jury trial, rather only when it is of a certain level of seriousness (incarceration of over 6 months, according to federal law; you may have greater rights under certain state law depending on the the state).
If the charge doesn't rise to that level of seriousness, you don't have any right to a jury trial. A state could still provide for one if it chose to. But why waste a jury's time?
Jon Beck

Trad climber
Oceanside
Oct 8, 2012 - 09:27am PT
Under CA law if the charge could result in incarceration then you are entitled to court appointed counsel if indigent, and a jury. For obvious reasons minor traffic offenses do not fall in this category
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