Failure to Warn on a Roadway
I am conducting legal research for the state of: Virginia. My question is what rules or law applies when you leave a state road and enter a Federal roadway? Should there be some sort of notification to warn either motorist or pedestrians, the rules/laws are changing by entering into another jurisdiction?
Re: Failure to Warn on a Roadway
just what rules are you speaking of? There are very few rules the state is not fully in control of on any roadway within their borders. Even though a roadway might be named and greatly financed as a US or Interstate Highway, it is still State property and the State determines the laws, or at least most of them, that are enforced on that roadway.
Re: Failure to Warn on a Roadway
JK is right, state rules apply just about everywhere (except on certain federal reservations).
However, rules change. You go from state to state or enter a municipality which provides additional restrictions, what makes you think they have to tell you?
Even if you were informed the jurisdiction changed, would that help?
How do you know that when I enter the Bronx I'm suddenly not allowed to make right turns on red anymore?
Re: Failure to Warn on a Roadway
In Virginia, Patrick county, you have multiple local roadways entering the Blue Ridge parkway. These roads have no speed limit signs. In absence of signs, VA law is 55 for this type of road. Now you enter onto a parkway at a stop sign and a no commercial vehicle placard. You travel 12 miles on this road with no speed limit signs. Then get a citation for speeding 36 CFR 4.21c. (54/45) This citation is a federal US court. I think that BRP failed to warn that I was entering Fed property which would have been some indication to me that laws will be different. Would 46.2-879 apply to due to lack of signs. Or is there something else that would apply to a defense in the absence of signs that your entering a federal road. The BRP has a 45 mph speed zone with 40+ entrances with 20+mile stretch between actual speed limit signs. In addition, there is a engineering design not traffic study that suggest 50 to 55 for parts of the BRP. The superintendent has the authority to set speed limits via 36 CFR 4.21b. Doesn't that speed limit have to be established based on a road traffic study in order for it to become prima facie?
Re: Failure to Warn on a Roadway
Now you are talking about something else altogether. If the highway crosses actual federal property, it is very different than simply having a highway labeled as a federal highway.
what federal property had you entered?
Re: Failure to Warn on a Roadway
ltl, here is the charge;
http://law.justia.com/us/cfr/title36....4.0.1.12.html
I am aware of the difficulty you are arguing. At times, yes, the federal constitution requires a "Notice".
Here, you can argue, since there was no point of entry notice, Due Process was violated. Now they will counter with since a person is "presumed to know the law", did you know the speed limits applicable when you entered federal property and if you knew you entered, which you have complied?
It would take further detailed research to come up with a better defense, but the DP clause is a start.
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flyingron
How do you know that when I enter the Bronx I'm suddenly not allowed to make right turns on red anymore?
This is part of my DP argument. Here in Ohio a municipality can refuse a right turn on red, even though state law permits it, BUT, the Ohio Supreme Court has ruled that a NOTICE, meaning a Sign, MUST forbid it as not to confuse a motorist. They simply can't have an Ordinance forbidding it and "presume" a motorist knows the laws in every Ohio Jurisdiction; State v. Parker (1994?)
Re: Failure to Warn on a Roadway
I want to Thank You all for the comments that I have recieved! Including the one's that I might not want to hear. This is a good preparation to what prosecution demeanor would be. With that being said:
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state rules apply just about everywhere (except on certain federal reservations).
Does state law apply on Federal reservation?
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what federal property had you entered?
The Blue Ridge Parkway
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You go from state to state or enter a municipality which provides additional restrictions, what makes you think they have to tell you?
I think, according to MUTCD. On any road way when a speed decreases there should be a sign preceeding it. I believe that no sign= no due process. When you enter the state of VA- you are subject to a bunch of warning signs- "Your entering the state of Virginia"& "it is illegal to use radar detector", just to name a few. Why would the state be under law to meet an obligation of warning here but not somewhere else? If the proceeding road was 55 at what point did I receive the necessary instruction to make an adjustment? Especially when some 20 miles later when speed drops to 35 there is a warning sign before it.
Do the BRP's Park police operate to enforce state law within their juristion or is there a different standard of enforcement altogether? When examining policies and proceedures, or requirements of calibration records or any rules that the "Prosecution" must follow in court. Will these be VA statues and rules or Fed rules? I cant find anything expressing any detail of requirements BRP's PP must meet. But I can find tons of rules for Virginia's courts to follow as a whole.
Thanks for the DP defense. I'm now researching that info.
Re: Failure to Warn on a Roadway
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learningTHElaw
Do the BRP's Park police operate to enforce state law within their juristion or is there a different standard of enforcement altogether? When examining policies and proceedures, or requirements of calibration records or any rules that the "Prosecution" must follow in court. Will these be VA statues and rules or Fed rules? I cant find anything expressing any detail of requirements BRP's PP must meet. But I can find tons of rules for Virginia's courts to follow as a whole.
Thanks for the DP defense. I'm now researching that info.
You were cited under the CFR, which is basically an independent statute.
IF no federal counterpart law on speeding, etc., is codified in federal law, they can file a charge under the Assimilative Crimes Act.
In other words, you commit an act on federal property within Virginia, as all federal properties are within a state, if the feds do not classify it as a crime but VA does, the feds can charge under the ACA.
Then we can get into concurrent jurisdiction with the state or exclusive jurisdiction with the feds, as the constitution affords states the power to cede land to the feds. VA and MD ceded land to the feds to create Washington, D.C.
Re: Failure to Warn on a Roadway
OK, I'm running into dead end's on the due process research. I can find info relating to accident and lack off signs and railways and lack of signs but nothing w/ reference to speed limit signs or entering on federal property signs. Any direction would be great. Also I was reading about affirmative defense. and wanted to know if I might be able to go this route. Motion to dismiss: under rule 8, specifically- failure of consideration or contributory negligence. Since it seems that the law is so vague and lack specific details. I see so many rules and details when it comes to the individual states. Another Thing I notice that the officer has only had a basic radar training more than 4 yrs ago. I found that all the states require a re-certification at least by 1 yr. not more than 3yrs. And this was handed down by the Fed to the states to adopt as they saw fit. Tickets have been dismissed due to this fact as new technology is being introduce the lack of officer training in the ever changing world of radar. Plus I was told that they dont keep repair records or calibration the unit itself. THANK YOU for your comments.