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When an arrest is on an inapplicable roadway.

By Marks & Katz, LLC

   Photo from website of U.S. District Court (W.D. Mi.). In driving-related prosecutions, an initial critical question is whether the driving was on a roadway that even applies to the criminal statute involved. The analysis starts with the text of the applicable criminal statute (e.g., driving while suspended statutes on this issue may be more beneficial -- or not -- to defendants than drunk driving statutes) and proceeds to court interpretations of the statute. Even for an offense as relatively minor as suspended driving, this issue is important beyond any risk of a suspended driving conviction, to include the risk of more criminal charges following if, for instance, the police then conduct an inventory search of the car (suspended drivers are not permitted to drive their cars away from the police) and find a stash of drugs...continue to full post

Full post as published by Underdog on February 20, 2008 (boomark / email).