a friend and fellow motorized bicycle rider was arrested for riding a 'moped' even thought the law is pretty clear that he was on a motorized bicycle. charged him with driving under suspension.
http://www.motoredbikes.com/showthread.php?t=6800
he was stopped for speeding, originally. the law is unclear about penalties for speeding on a motored bicycle, so they racked him up with the 'moped' charge.
2007-09-30 11:25:08 · 9 answers · asked by Happy 5 in Politics & Government ➔ Law & Ethics
yeah , i know i spelled 'ambiguous' wrong
2007-09-30 11:25:56 · update #1
Move away from Arizona.
That is the best advice you will ever get. I have bee not jail there. It was not cool.
2007-10-01 03:59:02 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What we call "making laws up off the cuff" is what they call "interpretation of the law". That's how they can get away with it. Every Judge is different so you could appeal and win but it would probably cost more in legal fees. Unfortunately, there aren't any options that can guarantee you win so you just need to decide how far you want to take if at all.
Good Luck!
2007-09-30 18:38:27 · answer #2 · answered by Georgia Peach 4 · 2⤊ 0⤋
judges may have more power than the president. they can toy with and effect people's lives to a great degree. legally they cannot just make up laws "off the cuff", but that doesn't stop some of them from trying, and some of them get away with it. your friend's best bet is a jury trial with a common sense jury, but even they can be a little hard to find.
2007-09-30 18:34:19 · answer #3 · answered by White 5 · 2⤊ 0⤋
We live in a country where our president has gotten rid of the consitution. We live in a country were our president has said that the Constitution is a goddamn peice of paper and that the US Supreme Court is not that important (2005) Do you really think state courts arent just making it up as they go along most of the time? Oh come on....... oh oh....... you still think your vote counts dont you?
2007-09-30 18:55:49 · answer #4 · answered by Stephanie 7 · 0⤊ 0⤋
They have a great deal of discretion, which results in power, but in theory, this should be balanced by the people's right to apeal to a higher court.
2007-09-30 18:31:01 · answer #5 · answered by trooper3316 7 · 2⤊ 0⤋
The entire common law system was created by judges. So yes, they can basically do that. If you feel that it was unconstitutional or directly conflicts with the statutes in the U.S. Code, then you can always appeal it.
2007-09-30 18:35:02 · answer #6 · answered by Eisbär 7 · 1⤊ 1⤋
Well........now that depends.
Basically the power of a judge is directly in proportion to the pay-off, payola, or incentive he receives.
Given the right ...um....what's the word here......(bribe) ...um incentive, he can do just about anything....
2007-09-30 18:49:13 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Of course they can, its the judicial system! Didnt OJ get found innocent? Anything can happen!
2007-09-30 18:32:13 · answer #8 · answered by Anonymous · 2⤊ 1⤋
Isn't speeding speeding
2007-09-30 18:31:38 · answer #9 · answered by Anonymous · 0⤊ 1⤋