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! :-)

