From: Everette (194cbteng@bellsouth.net)
Date: Tue Dec 13 2005 - 14:16:41 PST
You are exactly correct, the "law" is how the officer that wrote summons
felt the "law meant, then how judge you are standing before interprets it.
If you do not agree with his decision you can certainly appeal, costs you
money, costs the judge nothing... and no promise that the next judge is
going to be willing to say that first judge was wrong..
Been there done that...
Another little item of interest to some, there was a time in the recent past
that as General Sessions court judge in Tennessee did not have to be a
lawyer, did not have to have any knowledge of the law.
This was changed a few years back but I understand there are some still on
bench...
It was/is an elected office so all you had to do was garner enough votes
and you were a judge.
Everette
----- Original Message -----
From: "Ryan Gill" <rmgill@mindspring.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Tuesday, December 13, 2005 12:59 PM
Subject: Re: [MV] DOT gonna get you
> At 10:54 AM -0600 12/13/05, Michael Howell wrote:
>>>
>>Maybe, but it doesn't make any difference what you think the law says or
>>what the writer of the law meant for it to mean. All that matters is what
>>the enforcers of the law think it means and later what the courts say it
>>means.
>
> Intent of the legislators is taken into account in court cases. Further,
> when the head of the FMCSA enforcement division reads "in commerce" as
> part of the requirements when it's part of the requirements, I'd hope that
> the Federal DOT guys on the roads would bear that in mind.
>
> Further, the FMCSA's own regulatory guidance specifically excludes
> vehicles not used in furtherance of a business from the basic CDL
> requirements. Now, states can be more strict, but the feds don't require
> it.
>
>
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