Bikers beat down cager
Are you guys actually debating whether the guy in the car (I'm not cool enough to call them cagers, since I drove my truck today) actually broke a traffic law?
Just wondering, 'cause that would be a stupid debate, since beating up him or his car didn't require the bikers in question to give a $^&^# about whether he broke the law, much less prove it.
I'd like to read the rest of this, but 2 pages is more than I can stand.
Last edited by hollowpoint; Sep 8, 2010 at 06:23 PM.
2 states, VA and MO, have no legislation at the state level defining no-passing zones. However, both require an "unobstructed" view in order to pass and it's possible that a judge would consider a double-yellow line to be prima facie evidence of an obstructed view. In both cases, local ordinances could also govern in the absence of state law.
VT and PA both appear to require physical signs at the side of the road for a no-passing zone to be absolutely enforceable. However, as in MO and VA, it remains possible that a judge would consider the existence of a double-yellow line to be prima facie evidence of an obstructed view. It is also possible (though unlikely given the fact that it would cost more to pursue than it's worth) that under a sustained challenge from a DA, a higher court may rule that roadway markings constitute a form of signage.
In any case, I'm not sure that a total of 4 states (two of which almost certainly have a patchwork covering of local ordinances governing passing lane markings) constitutes "many" states allowing persons to pass on a double-yellow.
2 states, VA and MO, have no legislation at the state level defining no-passing zones. However, both require an "unobstructed" view in order to pass and it's possible that a judge would consider a double-yellow line to be prima facie evidence of an obstructed view. In both cases, local ordinances could also govern in the absence of state law.
VT and PA both appear to require physical signs at the side of the road for a no-passing zone to be absolutely enforceable. However, as in MO and VA, it remains possible that a judge would consider the existence of a double-yellow line to be prima facie evidence of an obstructed view. It is also possible (though unlikely given the fact that it would cost more to pursue than it's worth) that under a sustained challenge from a DA, a higher court may rule that roadway markings constitute a form of signage.
In any case, I'm not sure that a total of 4 states (two of which almost certainly have a patchwork covering of local ordinances governing passing lane markings) constitutes "many" states allowing persons to pass on a double-yellow.
I had a close call years ago passing a guy that turned left.
I stopped in time.
But I learned to not be so quick to pass, unless I am dam sure he ain't gonna turn.
Even that has nothing to do with beating up an old guy who made a mistake, and using 14 helpers to do it. (or beat up his car, whatever).
The old guys actions were error.
The young guys actions were intentional.
Any body here actually okay with getting your *** kicked by 15 guys whenever you make a mistake? Anybody?
The Best of Harley-Davidson for Lifelong Riders
2 states, VA and MO, have no legislation at the state level defining no-passing zones. However, both require an "unobstructed" view in order to pass and it's possible that a judge would consider a double-yellow line to be prima facie evidence of an obstructed view. In both cases, local ordinances could also govern in the absence of state law.
VT and PA both appear to require physical signs at the side of the road for a no-passing zone to be absolutely enforceable. However, as in MO and VA, it remains possible that a judge would consider the existence of a double-yellow line to be prima facie evidence of an obstructed view. It is also possible (though unlikely given the fact that it would cost more to pursue than it's worth) that under a sustained challenge from a DA, a higher court may rule that roadway markings constitute a form of signage.
In any case, I'm not sure that a total of 4 states (two of which almost certainly have a patchwork covering of local ordinances governing passing lane markings) constitutes "many" states allowing persons to pass on a double-yellow.
I'm not sure your research amounts to a "50 state survey", but it is certainly helpful. I was perhaps exxagerating in saying "many" states. How about "some" states? But since this incident took place in PA, and PA is (as I said) one of the states that requires a "physical sign", it would seem to me the only relevant point is this:
In this incident, in this state, the presence of double yellow lines does not definitively establish that a motorcyclist passing a car was acting illegally or improperly.
Quite a few people here seemed to assume otherwise. Call it a "technicality" or make jokes about lawyers and "exceptions" if you like. But when the time comes, you'll be glad for a lawyer who actually knows the law.
By the way, I think you'll find that North Carolina has the same rule, unless it has changed in recent years. As I said, I haven't taken the trouble to research how many other states might also have this rule. It's kind of not all that important to me right at the moment. Feel free to have a look, if you like.
I don't remember seeing anywhere the "bikers" actually touched the driver....



