Suzuki Samurai was Re: [geeks] SPARC proprietary (waaaay

Phil Stracchino alaric at caerllewys.net
Mon Oct 20 13:54:58 CDT 2003


Kurt Huhn wrote:
> > Well, there was that one time I
> > got stopped when crossing the Dunbarton Bridge in the HOV lane, which I
> > didn't mean to do actually, but got stuck there due to an incident a
> > couple hundred yards previous.  However, I don't believe that's a moving
> > violation, and I took my chances with that ticket to avoid being part of
> > an accident.


You challenged the ticket, I hope?  Under the circumstances, you should
have been able to get it tossed out under the doctrine of culpability
and a no-contest plea.

"Yes, your honor, I freely admit that I was in the HOV lane without a
 passenger.  I had made an emergency lane change into the HOV lane a few
 hundred yards before in order to avoid a collision, and hadn't been
 able to get back out of it yet.  I figured a traffic accident was more
 serious than a brief HOV lane violation."

Then if the judge sounds like he's going to be a stickler about it, you
raise the Doctrine of Culpability, which states that you cannot be held
legally accountable for a lesser offence if commission of the lesser
offence was the only way to avoid a more serious offence or event (such
as, say, a collision which could result in injury or death to yourself
or other drivers and snarl up traffic on the bridge for possibly hours).


I've never been in a position to invoke it myself, but it's always a
good piece of information to have.


-- 
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 : phil stracchino : unix ronin : renaissance man : mystic zen biker geek :
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