17 March 2008

17 March 2008 - 17 March 2008 May have quiz on chapters 1...

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17 March 2008 May have quiz on chapters 1 to 3 Page 27 State v. Stanko Stanko – Accused at driving at unreasonable speed. Went 85 mph. Police officer argued it is unreasonable speed. Defendant claims it is not unreasonable speed. Claims that since he was a race car driver and his car was in a reasonable condition, also there was no one else in the street, it was not unreasonable. Statute: Drive careful and prudent and at reasonable speed given circumstances of car, weather, and road. And not unreasonably endanger persons or property. Road – narrow, no shoulders Weather – dry Car – fast and in good condition PO – unreasonable. Stanko – reasonable Stanko – found guilty at trial. Does statute clearly define reasonable speed? Holding Statute does not clearly define reasonable speed and is voided for vagueness. Dicta: Void for vague definition PO – No opinion about what was reasonable under circumstances. PD in Montana has no guidelines to define reasonable.
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This note was uploaded on 04/07/2008 for the course CJ 0501 taught by Professor Gravitz during the Spring '08 term at RIT.

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17 March 2008 - 17 March 2008 May have quiz on chapters 1...

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