My question involves a traffic ticket from the state of: New Hampshire
I need to find out HOW I can determine what the ELEMENTS of the crime/offense are. To me they are: 1. Backing up, 2. in an unsafe manner, 3. interfering with other traffic, 4. on a "controlled access way."
Some people are telling me that "way" or controlled access way" is NOT an element. If it is not an element, WHAT IS IT? There is nothing in the statute that defines the elements. The ticket was issued on a private parking lot of a residential nursing home, and I want to dismiss the case since the offense cannot be enforced on a private parking lot "not primarily for the benefit of paying customers."
HOW CAN I determine WHAT the ELEMENTS of the offense are???
NH RSA 265:94 Limitations on Backing states: “I. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled access way.”
NH Supreme Court case Mancheton v Auto Leasing Corp: “This, RSA 265:1 limits the applicability of RSA:72 to ‘ways.” The legislature has defined ‘way’ as ‘any public highway, street, avenue, road, alley, park, or parkway, or…any private parking lot which is maintained primarily for the benefit of paying customers.’ RSA 259:125, I. Together, RSA 265:1 and RSA 265:125, I, limit the application of RSA 265:72 to ‘public’ ways or ‘private parking lot(s)…maintained primarily for the benefit of paying customers.” ‘It is a basic precept of statutory construction that the definition of a term is a statue controls its meaning.’ Appeal of Rehab Assoc’s of N.E., 131 N.H. 560, 565, 556 A.2d. 1183, 1186 (1989). To adopt the plaintiff’s argument would require us to ignore the plain meaning of the statutes in order to conform them to these facts. We will not modify, through judicial construction, the legislature’s explicit definition of the term ‘way’ as contained in the statute…Therefore, we agree with the trial court and hold that RSA 265:72 does not apply to these facts (RSA 265:72).” Mancheton v Auto Leasing Corp., 135 N.H. 298, 303 – 304, 605 A.2d. 208 (1992).
I need to find out HOW I can determine what the ELEMENTS of the crime/offense are. To me they are: 1. Backing up, 2. in an unsafe manner, 3. interfering with other traffic, 4. on a "controlled access way."
Some people are telling me that "way" or controlled access way" is NOT an element. If it is not an element, WHAT IS IT? There is nothing in the statute that defines the elements. The ticket was issued on a private parking lot of a residential nursing home, and I want to dismiss the case since the offense cannot be enforced on a private parking lot "not primarily for the benefit of paying customers."
HOW CAN I determine WHAT the ELEMENTS of the offense are???
NH RSA 265:94 Limitations on Backing states: “I. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled access way.”
NH Supreme Court case Mancheton v Auto Leasing Corp: “This, RSA 265:1 limits the applicability of RSA:72 to ‘ways.” The legislature has defined ‘way’ as ‘any public highway, street, avenue, road, alley, park, or parkway, or…any private parking lot which is maintained primarily for the benefit of paying customers.’ RSA 259:125, I. Together, RSA 265:1 and RSA 265:125, I, limit the application of RSA 265:72 to ‘public’ ways or ‘private parking lot(s)…maintained primarily for the benefit of paying customers.” ‘It is a basic precept of statutory construction that the definition of a term is a statue controls its meaning.’ Appeal of Rehab Assoc’s of N.E., 131 N.H. 560, 565, 556 A.2d. 1183, 1186 (1989). To adopt the plaintiff’s argument would require us to ignore the plain meaning of the statutes in order to conform them to these facts. We will not modify, through judicial construction, the legislature’s explicit definition of the term ‘way’ as contained in the statute…Therefore, we agree with the trial court and hold that RSA 265:72 does not apply to these facts (RSA 265:72).” Mancheton v Auto Leasing Corp., 135 N.H. 298, 303 – 304, 605 A.2d. 208 (1992).
Other Violations: Unsafe Backing
0 commentaires:
Enregistrer un commentaire