Wednesday, December 1, 2010

statutory construction at its finest . .

According to the Washington Post, a Virginia man cited for driving by a school bus with its lights flashing and stop sign extended was found not guilty by a Fairfax County Circuit Court judge based on the language of the statute allegedly violated.

The statute reads, "A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway . . . "  And since the defendant hadn't failed to stop the school bus, which was already stopped, he couldn't have been guilty of violating the statute.  The prosecutor's argument as to the "clear intent" of the statute was not persuasive.

I have a feeling that Justice Scalia would appreciate that outcome . .

(njs)

http://lawprofessors.typepad.com/legalwriting/2010/12/statutory-construction-at-its-finest-.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0147e04d66d2970b

Listed below are links to weblogs that reference statutory construction at its finest . . :

Comments

Guilty.

Posted by: Regina Vann | Mar 15, 2017 11:02:16 AM

Post a comment