19 Interesting Driving-Related Legal Rulings From This Year
There are hundreds of motorists-related cases that come through the court system each year, but most never attract the attention of the average motorist. What follows is a collection of interesting legal rulings from this year that you may not have heard about, but could affect you or someone you know.
The list was culled from the archives of TheNewspaper.com, a valuable source of information for drivers across the country. A short summary is included with each ruling and clicking on the title will take you to a more-full featured article.
1) Maryland Attorney General Upholds Right to Video Traffic Stops
Maryland attorney general rules that state police were wrong to charge motorist with felony for recording his traffic stop.
2) Oregon Appeals Court Overturns Car Impound On Driver Property
Cars cannot be seized from the driveway of the owner without a warrant, according to Oregon Court of Appeals.
3) Texas: Court Rules Home Offers No Escape From DUI Arrest
Texas appeals court rules that making it home is not enough to escape a drunk driving charge.
4) Minnesota Appeals Court: Avoiding Police Justifies Traffic Stop
Minnesota Court of Appeals rules that legal driving away from a police officer is suspicious.
5) California Court of Appeal Publishes Red Light Camera Hearsay Decision
California Court of Appeal declines traffic camera company request to depublish Santa Ana appellate decision.
6) Tennessee Court Rules Overturns Turn Signal Traffic Stop
Tennessee Appeals Court rules police must show failing to signal caused a hazard to initiate a traffic stop.
7) Indiana Appeals Court: Pulling Gun During Traffic Stop Requires Cause
Indiana Court of Appeals rules that police officers should not pull their gun during a routine traffic stop.
8) Massachusetts Court: Cops Powerless Outside Jurisdiction
Massachusetts Appeals Court rules cop unable to arrest for traffic misdemeanor outside his jurisdiction.
9) Oregon Appeals Court Throws Out DUI Eye Test
Oregon Appeals Court throws out common field sobriety test known as vertical gaze nystagmus.
10) New Mexico Supreme Court Overturns DUI Without Driving
New Mexico Supreme Court rules that driving under the influence of alcohol charges requires proof of driving or intent to do so.
11) Ohio Supreme Court Upholds Speeding Ticket By Visual Guess
Police officers in Ohio can issue speeding tickets based on sight, state supreme court rules.
12) Florida Attorney General Rules Photo Tickets Are Public Records
Red light camera tickets in Florida turns sensitive, private information into a public record.
13) West Virginia Supreme Court: DUI Does Not Require Proof Of Driving
Drunk driving fines may be imposed without proof that the accused ever drove, the West Virginia Supreme Court ruled.
14) Wisconsin: Slow Driving Not Cause For Traffic Stop
Wisconsin Appeals Court rules that slow driving does not create a pretext for a traffic stop.
15) Louisiana Supreme Court: Phone Tips Justify Traffic Stop And Search
Motorists in Louisiana can be stopped and searched based on anonymous phone tips, the Louisiana Supreme Court ruled.
16) Hawaii Supreme Court Strikes Down Another Speeding Ticket
Police speedometer calibration testimony inadmissible without proper foundation, Hawaii Supreme Court rules.
17) Oregon Supreme Court Upholds Motorist Blood Draws
Police in Oregon can draw blood from motorists accused of drunk driving without making any attempt to obtain a warrant.
18) Minnesota Supreme Court Rules DUI Possible in Inoperable Vehicle
Minnesota Supreme Court upholds drunk driving conviction on a man asleep behind the wheel of an undriven, possibly inoperable vehicle.
19) Ohio Appeals Court: Driving With Caution Is Not Suspicious
Ohio Appeals Court rules that police cannot stop a driver for exercising caution at a flashing yellow light.
To keep up-to-date with the latest motorist-related news, bookmark the NMA’s news feed and keep reading this blog.
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[...] Practically every day, some law is created or some legal issue is decided that affects drivers across the USA. For those of you who want to keep informed on these legal decisions, the National Motorists Association has created a summary of 19 Interesting Driving-Related Legal Rulings From This Year. [...]
Thanks Randall for the comments. I did read the MD event that you are talking about along with looking at all of the videos not just the short one in the article that the link pointed to. Did you see it. The cop should not have drawn his gun. He should have run over the guy. It was far from a simple traffic stop. He was breaking many laws when he was driving, making it dangerous for others and should have been put in jail for his driving. Why do you think he had a camera on his head? It was to video his reckless driving.
Your comments about driving irratically during the day or night is fine. It was every sign of impared driving even if he was driivng during the day but since it was 3 am there are far more percentage of drunks on the road. He should have been stopped even if it was during the day. It was not just one instance of slowing down to almost a stop on the roadway.
The MD was really interesting and when the incident first happened I wrote my delegate with outrage. Hopefully they will look at this law next session and I think the guy still hasn't been gone to court for it yet. Anyway how is a conversation arguably outside on a PUBLIC road with a PUBLIC employee in a PUBLIC incident violate this law. After all police have been recording for about 6 or 7 years now in MD, so they would be breaking the law too because i certainly didnt give permission to record my now supposed private conversation the last time i got pulled over.
I have not read all of these but I did read number 19. It goes to show that a court does not always do the correct thing. The story was that it was 3 am and a drunk stopped in the middle of a block and then proceeded and then almost came to a complete stop at a yellow flashing light at an intersection. The ruling was that this was he could not be stopped because it is not against the law to drive slow and was not a sign that the driver was impeded by alcohol. Who else here does not know that very slow speeds or very high speeds or varying speeds is not a sign of probable drunk driving at 3 am?
Are you saying that it's safe to assume someone doing that is drunk or are you saying that logical people on the road know there is probably something wrong when a driver is driving super slow on the road at 3am. Personally i think the time of day shouldnt matter in any case, just because you have more drunk on the road at night doesn't mean everyone is. But serously OHIO dosen't have a drive too slow law or impeding flow of traffic law?
Ok, I just read the article, I think the judge was correct because he did not commit a traffic violation. I could go up the road right now and do the same thing and be sober. Though it would be highly unlikely for me to do so perhaps I saw an animal in the road or what i thought to appear to be an obstruction as i approach the flashing yellow at 3 am. Maybe I was tired and not realizing the yellow was flashing, it's not illegal to drive tired. it maybe unsafe but not illegal.
I wanted to comment on his driving not breaking the law. I do not think it is against the law to use your entire lane of roadway either but it seems fine to be able to stop someone if the are weaving back and forth irratically within a lane. I guess you are saying it is against the law to stop someone unless they get into an accident first.
if a person is not driving correctly at night, if he is tired, and the police sees this, he should stop the car and check on the driver even if he was driving legally but irratically like you say. What if he falls asleep when the car is stopped in the middle of the road. A possible accident would happen. You do not think the police should do anything in such a case?
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