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Failure to stop

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ababab

Member
What is the name of your state (only U.S. law)? ca

So my car started malfunctioning while iw as driving and i was afraid if i cam eto a complete stop that i would be stuck at a dangerous intersection.. Despite my worries I still came to almost a complete stop and was able to check for both pedestrians and make sure there could've been no cross traffic.

is this a good defense in court

also zigner is not allowed to post in this thread
 


davew128

Senior Member
Zigner can post anywhere he wants. If your car was malfunctioning, you should have STOPPED the car....which is a cessation in movement, and had the car towed from the scene.
 

ababab

Member
so i should've just stopped the car in the middle of the road despite any danger it may have caused to myself or other people? The place I would've stopped would've been just around a bend in the road, so people may not have been able to see me from there.

whats this:
Necessity - Wikipedia, the free encyclopedia

What is a necessity defense have you ever heard of that

looks like https://forum.freeadvice.com/speeding-other-moving-violations-13/fear-would-hold-court-565215.html the person in that thread used the same type of argument in defense and got out of it.
very interesting.
 
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Gail in Georgia

Senior Member
Are you still arguing about this on this forum?

For heavens sake, go to court, present your defense for not stopping, wait for the laughter to clear, pay the fine.

Gail
 

ababab

Member
lol fail trolls are mad.

somebody else just posted that they used a necessity defense and had the charges dropped.
does it make you mad that I'm right and you're wrong?
 

ababab

Member
Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting
hey look what is in the rules of this message board. yet almost all of you are guilty of this.

i think maybe I should write a message to the admins.
 

FlyingRon

Senior Member
You can write all you want but nothing has been out of line. The fact is that you were told that the fact you didn't think your car would continue running after a stop is an excuse for not stopping is not going to be a defense. Further you were told that your weaseling that rolling through the light was indeed meeting the definition of stop when provided the statute says something else, is also in error.

You are, in fact, the troll doing the baiting by your constant broken record repeating of the same lame excuses that you have already been told by expert users (even ones other than Zigner) that you are completely off-base.

I don't know what you expect to hear, but you're not going to hear anyone tell you that your invented stories are going to any credence either in the TBD or in front of a judge.
 

Gail in Georgia

Senior Member
"does it make you mad that I'm right and you're wrong?"

No, but it does give a warm, fuzzy feeling that I'll soon be $500 richer than you.

Gail
 

CdwJava

Senior Member
And, you have been told that you can SAY anything you want. Whether the court will buy it or not is something we cannot say. Chances are they won't. But, if you have nothing to lose, tell the court whatever you please. Just be prepared to PROVE your claim.
 
What is the name of your state (only U.S. law)? ca

So my car started malfunctioning while iw as driving and i was afraid if i cam eto a complete stop that i would be stuck at a dangerous intersection.. Despite my worries I still came to almost a complete stop and was able to check for both pedestrians and make sure there could've been no cross traffic.

is this a good defense in court

also zigner is not allowed to post in this thread
Traffic law compliance are strict liabilities .. ie intent is not needed ... if you did it, your guilty
 

ababab

Member
You can write all you want but nothing has been out of line.
So telling somebody they are "hallucinating" isn't offensive or defamatory? Lots of people said insulting things in that thread. I even had people call me dumb, amongst numerous other things.
Focusing on only the trollable parts of my posts, in itself, would be against those rules.

Traffic law compliance are strict liabilities .. ie intent is not needed ... if you did it, your guilty
Yet, if you can prove your speedometer was malfunctioning you can be found not guilty. If you speed up to pass someone on a single-laned highway and get a speeding ticket...
What does intent have to do with my argument.
Also how did the person in the other thread get out of their charges using the same defense, despite the fact that they were clearly guilty of the crime?
lol.
what is necessity defense?

The fact is that you were told that the fact you didn't think your car would continue running after a stop is an excuse for not stopping is not going to be a defense.
That may be the case, and for the sake of argument I will grant it to you. But what about the further argument that being stopped at that place may have been a danger to myself and others?
That changes the situation considerably, and doesn't warrant a glossing over.

the troll doing the baiting by your constant broken record repeating of the same lame excuses
True. But i can't help it if people are presenting me with lame arguments that do not follow. Anyway, i wasn't the one who chose to focus on the "complete stop" portion of my original post, ignoring anything else I may have said of validity.
I just chose to argue it because I realized nobody else had an acceptable argument.

provided the statute says something else, is also in error.
But i argued what the statute actually says. It doesn't say anything about coming to a complete and total stop. The definition which people thought said that, was inapplicable because it only applies when stopping is prohibited. Furthermore, even if we were to grant that definition as applicable, at the end of the defintion it says, "except when
necessary to avoid conflict with other traffic." Which would support my defense. If I had stopped there, it would've been a conflict with other traffic.
i didn't really roll either. Like I said, its questionable from the video whether or not the ticket is for not coming to a complete stop or because I came to a complete stop slightly past the limit line.

I don't know what you expect to hear, but you're not going to hear anyone tell you that your invented stories are going to any credence either in the TBD or in front of a judge.
How did that other guy get out of his charges by saying he was scared for his life, then?

Whether the court will buy it or not is something we cannot say.
Oh i see. because i thought I read two threads full of everybody saying they won't buy it.
 
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Zigner

Senior Member, Non-Attorney
Ahhh, it's the guy who doesn't know the difference between slowing and stopping.

Please turn in your license and head straight for the bus stop (and hope they actually STOP for you - it's hard to jump on a stopped bus that's not really stopped!)
 

Zigner

Senior Member, Non-Attorney
You said that stopping wasn't defined in the vehicle code. I pointed out a place that it WAS defined. You are the one with the comprehension problem :rolleyes:
 

ababab

Member
it was only defined WHEN STOPPING IS PROHIBITED, stopping was not prohbited, therefore the definition was inapplicable.. You don't understand conditional statements.

furthermore, at the end of the definition you provided, it says:
except when
necessary to avoid conflict with other traffic
If i had come to a stop and my car was unable to move, it would've been a conflict with traffic.

Plus the statement says, "Any cessation of movement." I already discussed how that definition, in itself, is inapplicable or ambiguous within the context of this situation.

lol
 

Zigner

Senior Member, Non-Attorney
it was only defined WHEN STOPPING IS PROHIBITED, stopping was not prohbited, therefore the definition was inapplicable.. You don't understand conditional statements.

furthermore, at the end of the definition you provided, it says:


If i had come to a stop and my car was unable to move, it would've been a conflict with traffic.

Plus the statement says, "Any cessation of movement." I already discussed how that definition, in itself, is inapplicable or ambiguous within the context of this situation.

lol
Ok - good luck with your case.
 
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