State Law Question...
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Joined: Mar 2004
Posts: 54
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From: VA Beach
Re: State Law Question...
Originally Posted by Boxer4PSI
I'll agree with you on the privilege to drive part. However, if a person has to goto unreasonable means to obtain information regarding a law then that is a defense. Example...say Anytown, VA has some noise ordinance law that takes effect in its town limits. There is no sign at the town limits stating this. There is nothing stating this in the VA Law Statutes accessible thru DragVA. There is nothing on the state map stating this. There isn't even anything on the official Anytown govt website nor on the Anytown PD or the county PD that Anytown is in stating that a noise ordinance exists. The town government failing to give adequate notice of such an ordinance unique to its area is a defense providing you can prove you went above and beyond reasonably researching to try and find this law regarding this ordinance.
One thing about the law is that the term "reasonable" plays a big role in how laws are interpreted, regardless of the part of law you are talking about.
One thing about the law is that the term "reasonable" plays a big role in how laws are interpreted, regardless of the part of law you are talking about.
EX: Did you know that when you drive on the highways(any public street) in VA you have given your permission to have a sample of breath/blood or both, taken if you're suspected of driving under the influence of alcohol, drugs or a combination of both? If you refuse, then you get a second charge"Refusal" Doesn't matter if you came from Alaska.
Now there is no sign and you may or may not have a hard time finding it in the code. It can be found though. Just like any law.
Now with the wording "reasonable"
Is it resonable for a person going on vacation or moving to research hotels, houses/apt.s in the area, local schools, stores, etc, etc....
More on reasonable. Does a reasonable person have the abilities to do the above and below.....YES
Just a few examples:
Do you have postal stamps?
You have a phone? Call or stop by the local law enforcement agencies(they would know the law since that's who tickets/arrests you.
you can go to anytown USA's library
Local Courts
Internet
etc.
None of the above is unreasonable.
If you can't find it through the local law enforcement agency, local courts, library, internet, etc....then it doesn't exist! and then you have a case.
Again, no sign needed and you were just found guilty.
Last edited by vbgsx; Nov 24, 2004 at 02:45 PM.
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