To: Chemist_Geek
I did not intend to misspeak. In the context of the statutes involved, you will have to agree that in Michigan, she cannot be charged with 257.710d because of (2), and because of ORC 4511.81(F), ORC 4511.81(A) and (B) are trumped by that Michigan statute.
Also, Ohio 4511.202 is trumped by 4511.81(D), already posted. They cannot charge her with ANY OTHER CRIME than the child restraint violation. And that is a "minor misdemeanor" in Ohio, and for that she cannot be arrested, only issued a citation.
Your contention of the other Michigan statutes is irrelevant in this context. In order for her to be charged for anything other than the child restraint law in Michigan, there would have to be mens rea - evidence of actual harm or erratic driving.
86 posted on
06/20/2003 10:05:01 AM PDT by
RgnadKzin
(Is ignorance of the law an excuse only for LEO?)
To: RgnadKzin
Also, Ohio 4511.202 is trumped by 4511.81(D), already posted.So the one state law trumps the other? I think not. In any event, it is completely unreasonable to demand that a police officer review all of the statute laws in question in a traffic stop situation.
88 posted on
06/20/2003 10:13:48 AM PDT by
mhking
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