To: Poohbah
I read the Ohio statute. The Ohio law applies to interstate travelers only if they cannot prove by a preponderance of the evidence that they have violated the law of their home state.
The burden on her, with regard to the child restraint charge, is to prove that Michigan law didn't require her to have the child in a safety seat.
If she is convicted, it will be because she didn't prove the Michigan law permits the child to be out of a safety seat, or because they prove another violation, unrelated to the baby being out of a baby seat, has been committed.
76 posted on
06/20/2003 9:40:16 AM PDT by
SarahW
To: SarahW
It is undisputable that she was nursing a child. They will offer no evidence or testimony to the contrary.
It is undisputable that she is has a Michigan residence. The plate says Michigan, they themselves say she is from Michigan. They will offer no evidence to the contrary.
The burden of "preponderance of the evidence" was evident the day she was stopped.
82 posted on
06/20/2003 9:58:27 AM PDT by
RgnadKzin
(Is ignorance of the law an excuse only for LEO?)
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