Ghost
03-21-2005, 03:45 PM
While pulling out of a parking spot on a Thursday Night at around 12:30am, I was pulled over by the University PD for "Care Required" because I was "too far over in the road." based on this, a few other offenses were found and cited. I am wondering a few things:
A) Can this be considered Care Required? I was pulling out from behind a rather large truck, and the first 3-4 inches of road by the curb was covered in ice, so all the cars were parked out further than normal.
B)Care required is quoted as stating:
~~ A person violates this provision if they (1) do not operate a vehicle "in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing" or (2) "drive any vehicle upon a highway in a manner to endanger the life, limb, or property of any person." '39-09-01.1
Highway means:
~~ "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and of every way privately maintained within a mobile home park, trailer park, or campground containing five or more lots for occupancy by mobile homes, travel trailers, or tents when any part thereof is open for purposes of vehicular travel.
Intersection Means:
~~ "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of each roadway of such divided highway by an intersecting highway must be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of two roadways of such highways must be regarded as a separate intersection.
.... I have bolded the important points..... Since the definition for Highway does not include "Curb Lines" such as the definition for "Intersection" does, could a city road without any lines whatsoever, but with curbs, be considered a Highway, based on these definitions? I know its a technicality, but heck, they write the laws, not us right? :)
And Finally....
C) If I were to get this offense dropped, would that drop the probable cause to pull me over as well, which would also rule out the search and seizure of certain items found in the car?
Any help anyone could give me on this would be much appreciated!!! :) ~Ghost
A) Can this be considered Care Required? I was pulling out from behind a rather large truck, and the first 3-4 inches of road by the curb was covered in ice, so all the cars were parked out further than normal.
B)Care required is quoted as stating:
~~ A person violates this provision if they (1) do not operate a vehicle "in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing" or (2) "drive any vehicle upon a highway in a manner to endanger the life, limb, or property of any person." '39-09-01.1
Highway means:
~~ "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and of every way privately maintained within a mobile home park, trailer park, or campground containing five or more lots for occupancy by mobile homes, travel trailers, or tents when any part thereof is open for purposes of vehicular travel.
Intersection Means:
~~ "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of each roadway of such divided highway by an intersecting highway must be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of two roadways of such highways must be regarded as a separate intersection.
.... I have bolded the important points..... Since the definition for Highway does not include "Curb Lines" such as the definition for "Intersection" does, could a city road without any lines whatsoever, but with curbs, be considered a Highway, based on these definitions? I know its a technicality, but heck, they write the laws, not us right? :)
And Finally....
C) If I were to get this offense dropped, would that drop the probable cause to pull me over as well, which would also rule out the search and seizure of certain items found in the car?
Any help anyone could give me on this would be much appreciated!!! :) ~Ghost
