Carl Isben writes: HB 55 Again, not needed. The code they cite, relevant to each of their issues as to being "subject to the penalty provided for in 61-8-711" is 61-8-711. 61-8-711(1) states it is already a misdemeanor to violate any provision of "this chapter unless the violation is declared to be a felony." ALL the traffic regulation codes are in Title 61, CHAPTER 8, Part 1 - Part 9. This covers ALL moving violations. 61-8-711 says it is a misdemeanor to violate any of them. Unfortunately, the way they have worded their addition, it seems to mandate an arrest for the person to be subject to the appropriate fine ("upon arrest and conviction"). Seems a bit harsh to arrest for most of these type violations. The wording seems to imply that if they are not arrested (i.e. the cops issue a ticket only) then there would be no fine, even on conviction. That seems odd.
Carl Isben writes: HB 55 Again, not needed. The code they cite, relevant to each of their issues as to being "subject to the penalty provided for in 61-8-711" is 61-8-711. 61-8-711(1) states it is already a misdemeanor to violate any provision of "this chapter unless the violation is declared to be a felony." ALL the traffic regulation codes are in Title 61, CHAPTER 8,
ReplyDeletePart 1 - Part 9. This covers ALL moving violations. 61-8-711 says it is a misdemeanor to violate any of them. Unfortunately, the way they have worded their addition, it seems to mandate an arrest for the person to be subject to the appropriate fine ("upon arrest and conviction"). Seems a bit harsh to arrest for most of these type violations. The wording seems to imply that if they are not arrested (i.e. the cops issue a ticket only) then there would be no fine, even on conviction. That seems odd.