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  1. #1
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Negligent Driving Second Degree

    i am going to have to look into this a bit deeper. I hearing Ms. Mucklestone at kcdc about 6 months ago. she was citing motion to dismiss state v leach violation....i will see what i can find out about this. With respect to this post the OP was cited for the statute plus subsection 2....makes no sense to me....I will research this argument and why exactly the courts in our area allow this motion to dismiss.....

    However, your explanation above makes alot of sense if we look at it just as you put it...

    I guess thats why you are the man, the myth and the legend when it comes to these darn things! :-)

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Negligent Driving Second Degree

    I agree that the original poster alleged that he/she had been cited for a violation of paragraph (2), however, "streetfighter" interjected that he/she had been cited for 46.61.525 -- apparently with no subsection. However, since only one subsection of that law defines an offense, I'm thinking that the court will allow it.

    I agree with you that paragraph (2) does not create a citable offense. So, I'd be very interested in how that case turns out. I hope "reallydumb" returns to let us know.

    Meanwhile, I also believe that very few judges are intimately familiar with EVERY appellate decision. When an attorney stands up in court and says, "Your Honor, I ask that this case be dismissed for failure to comply with State v. Leach", few judges will actually go look it up. In other words, an attorney can bluff, but a pro se would have a much harder time. I, too, have heard many good things about the Mucklestones -- and it never hurts to have a good reputation.

    Barry

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