Kubota RTV and CAR Accident.

[Tig]

Glad everyone is ok. For what it's worth a friend of mine had a similar accident last summer while driving a car. 4 way Flashers on, turning left. Hit by a passing car. She was charged.

 

[TWO GUNS]

( Quote ) The cop based the sitation on 3 reasons,

2. SMV signs allow drivers to pass anywhere, even on a double yellow line ......


THIS STATEMENT BOTHERS ME MUCH !!!! I'm Sorry, but I'm not saying that the officer did not say this ..... BUT, I don't know of any state that allows anything to cross a double yellow line in flowing traffic ... PERIOD !!!!

....... TWO GUNS

 

[joes_427_vette]

You may want to pay the forfeiture and wait for the last shoe to drop ( the lawsuit from the cars ins. co. ) Any vehicle ie tractor, lawn mower, ATV, used as a vehicle to travel on public highways is held to motor vehicle laws requiring a drivers license and insurance. How do you think intoxicated persons on these vehicles get arrested for DUI ? Another point I can't understand is how can you receive a traffic summons without drivers license information ? Farm related and outside employment are two different animals. This is clearly a public safety issue.

 

[Jw5875]

End this thread as to all of the Legal "Opinions Etc."

DO NOT USE ANY ADVICE / OPINIONS THAT YOU HAVE READ ON THIS WEB/PAGE.


CONSULT WITH YOUR ATTORNEY AND KEEP IT PRIVATE!

Good Luck!


JW5875

 

[Dmace]

Any vehicle ie tractor, lawn mower, ATV, used as a vehicle to travel on public highways is held to motor vehicle laws requiring a drivers license and insurance. How do you think intoxicated persons on these vehicles get arrested for DUI ?

No they aren't. Heck, in NH you don't even need insurance. You do not need a drivers license to operate a tractor (AG or lawn) or other SMV on a public road as long as it is allowed. I need a registration plate for my tractor to go on the road but not a license.

And those intoxicated persons on these vehicles get OUI's (operating under the influence) and not DUI's.

Although this could differ between states...

 

[20 20]

And those intoxicated persons on these vehicles get OUI's (operating under the influence) and not DUI's.

Although this could differ between states...

It does

I even know of a person getting a DUI while in a wheel chair.

 

[Big Bri]

Sorry to hear about your brother. Glad he is ok as well as the other driver.
this is JMO from the way i understand the law. If someone was passing your brother, weather legal or not and your brother hits him in the side he is at fault as the other driver has already commetted to that lane. Just because he may have broken the law by crossing a double yellow your brother still had the responsiablity to look and yield to what was in that lane. Kind of like if i was driving 70mph in a 50mph zone and some one pulled out in front of me and i hit them. yes i was breaking the law by going to fast but the other driver is still at fault for not yielding.
in Louisiana if you are turning left you have to yield to cars that are passing, no passing zone or not. i have a friend who just went through this last year while turning into his drive way. His house is next to a school didn't look behind him turned into a passing cars rear wheel. He was sited and told he was at fault. His wife is a lawyer, they took it to court and lost.
I wish you luck, but also think you should find another way to get your brother to work 20/200 means he see's things at 20' that you and i can see at 200'. a car going 60mph will travel that 200 feet faster than your brother will have time to see him to react.
good luck
brian

 

[20 20]

And the fact that the officer said nothing about it confirms that.

This confirms nothing, I'd suggest getting the police report?

If anything he is a safer driver than 90% of everyone else out there, due to his impairment he is overly cautious. No radios, or cell phones, or fast food. He CAN see well eonugh to even get a license, with special glasses to help see signs. But he didn't feel comfortable and felt he would be safer to everyone else going this route. But that is the only thing stopping him from getting a license, is the inability to read the smmall road signs, NOT because he cant see to "drive".

He may be safer{sounds like he's sensible} but the law is still the law. As someone said insurance companies love this type of stuff. You also wrote "he doesn't feel as though he should have a lic, safer doing it this way." How well do you think a statement like that will hold up with the other guys insurance?

Regardless of how it turns out, I comend him for actually trying to make it on his own. Too many out there would just use this as an excuse to sit at home and live on everyone else's money, i mean welfare

Disability and welfare are 2 different things.

I also think it is great that he is trying to make it on his own, but that has nothing to do with this accident. The other person's insurance only cares about one{1} thing and that is MONEY $$$$.

As other have suggested get some legal help, I have a feeling you're going to need it????

 

[Ken45101]

I even know of a person getting a DUI while in a wheel chair.

Or on a horse! (PA I believe).

But yes, the need for operator's license/registration plates, etc. varies widely from state to state.

AFAIK, there is zero requirements in Ohio for equipment used for farm operations (they just added a marker lights after dark requirement a few years ago) . BUT in the incident here, it was NOT used for farm operations, a totally different situation.

Ken

 

[20 20]

Ken45101; I was just reading a story about a DUI on a horse. The guy beat the ticket........ he claimed the horse new its way home he was passed out and there was no way he could have been driving it. I wonder if horses should get free straw {or something} at the bars so they could be designated carriers ?