[s-cars] RE: diffs, donuts, and Johnny Law

Kirby Smith kirby.a.smith at verizon.net
Tue Jan 20 16:10:49 EST 2004


Prima facie requires that the action be so described in the law, e.g.,
carrying a loaded rifle in a vehicle is prima facie evidence of deer
jacking in NH.  A pivot turn in a private lot seems like a stretch for
being written into NH law, and certainly wasn't mentioned in the Revised
Statutes Annotated when I reviewed them some years ago.  But maybe
bootleg turn was mentioned and I've forgotten.

But in any case there is always case law, and judges in NH have a
history of deciding things without regard to either the state
constitition, the meaning of words used in the law as understood by the
law's writers, or common sense.  For example, recently someone who was
inebriated and slept in his shut-down car in a mall parking lot instead
of driving on the roads was convicted of operating a motor vehicle under
the influence, even though he wasn't operating and was on private
property.  This case went all the way to the state supreme court, who
found for the prosecution, adding to their state-wide reputation as a
laughing stock.  

kirby
 

ray at s-cars.org wrote:
> 
> I will not dignify Paulie's comment with a response, other than to say that I understand that a pivot turn in a snow-covered gas station parking lot in front of a NH state trooper who happened to stop for coffee on the first big snowstorm of the year is prima facie Reckless Driving, which carries a minimum mandatory license suspension of 60 days and a $250 fine, both of which may be increased by the judge's sole discretion.
> 
> >
> > From: "Krasusky Paul (WQQ2PXK)" <WQQ2PXK at ups.com>
> > Date: 2004/01/20 Tue PM 01:49:27 EST
> > To: s-car-list at audifans.com
> > Subject: [s-cars] RE:  diffs, donuts, and Johnny Law
> >
> >
> >
> > Mark S. pondered, and was waaaaaaaaay to good to pass up commentary:
> >
> > <<<BTW, I have gotten it down to such an art that I can almost pivot the car
> > on
> > the front / middle with all 4 wheels spinning...
> > Then a cop comes by :-)>>>
> >
> >
> >
> >
> > C'mon now, that would neverever happen.  Unless maybe you were in NH.  And
> > your name was, oh, let's keep this anonymous...  Ray T...  or was that R.
> > Tomlinson?  Dunno.  I hear jury trials are fun though.  Be sure your EDL is
> > working so that you get there on time now...
> >
> > -P keep serving them up, this is too easy, and sorry to 'someone' 8-) K.
> >
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> >
> 
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