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

[ray at s-cars.org]

"Reckless" means conscious disregard of a known fact, e.g., that I might lose control of my car and kill some innocent person standing at the gas pumps.  And yes, the NH courts have found that the statute encompasses the operation of a motor vehicle on a private drive, when the same is commonly and reasonably accessible to the public.

NH - where every case appears to be both precedent and non-binding, recorded or not.


> 
> From: Kirby Smith <kirby.a.smith at verizon.net>
> Date: 2004/01/20 Tue PM 04:10:42 EST
> To: ray at s-cars.org
> CC: "Krasusky Paul (WQQ2PXK)" <WQQ2PXK at ups.com>,  s-car-list at audifans.com
> Subject: Re: [s-cars] RE:  diffs, donuts, and Johnny Law
> 
> 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
>  
>