Wolfeboro Solid Waste vs Amatucci
1 Attachment(s)
Anyone know what happened at the Wolfeboro Solid Waste Facility?
Looks like whatever happened has gone to NH District Court. Here it is: |
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https://casetext.com/case/amatucci-v-obrien |
Maybe she got arrested for failing to remove a large piece of white Styrofoam before placing that big refrigerator box onto the cardboard area? Contaminated cardboard is such a crime!
........ so, come on now Barney! ... tell me what 'zactly happened here, down at the town dump? But ...... Andy ...... I tell ya ...... that big brown piece of cardboard had a large section of Styrofoam all attached to it ..... it was totally blatant .... I tell you, Andy! ........ Oh ok ...... that explains it ..... :emb: .... and another thing poeple want to get arrested for, is using Styrofoam without a capital S! ... :laugh: |
Run Away Run Away...
I suggest this case IS NOT to be discussed here.
:eek: |
She often takes the town to court for something.
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I found this portion of the record interesting. Apparently the NH speeding laws are not based just on the numbers: 42 MPH in a posted 30 MPH zone, but found not guilty by the court.
"The court found that Amatucci had been travelling forty-two miles per hour in an area where the posted speed limit was thirty miles per hour. The court further found, however, that the prosecution had failed to prove beyond a reasonable doubt that Amatucci had been travelling at a speed that was "unreasonable and imprudent for the conditions existing," and that it had therefore failed to prove a violation of the state speeding statute, N.H. Rev." I am NOT bringing up an OLD argument but I wonder if the speed limits on the water are written the same way? As long as your speed is reasonable and prudent................ I don't want to take the time to do the research but someone with a lot of free time could probably figure this out. Hello Less?.....Less? |
Typical NH small town police department BS. She seems like no angel either...
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There have been many cases filed by her over the years. |
It's the Judge that got it wrong
"The court found that Amatucci had been travelling forty-two miles per hour in an area where the posted speed limit was thirty miles per hour. The court further found, however, that the prosecution had failed to prove beyond a reasonable doubt that Amatucci had been travelling at a speed that was "unreasonable and imprudent for the conditions existing," and that it had therefore failed to prove a violation of the state speeding statute, N.H. Rev."
Traveling at a speed above the limit as posted by the appropriate traffic authority is per se "unreasonable and imprudent for the conditions existing." Speed limit signs are not advisory. The speed limit set for a given roadway expresses the upper legal limit of what is reasonable and prudent. The courts reasoning is completely wrong. |
Reasonable and prudent versus Absolute
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Other States observe the “absolute” principal. In an “absolute” State, the posted limit is the absolute limit and the State only needs to prove that the limit was exceeded. Being a “reasonable and prudent” State is one of a number of reasons most law enforcement officials give leeway up around 12 to 15 MPH, to help ensure a conviction. |
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My post does give some detailed background for those such as myself who were unaware of this this seemingly ongoing theater of the absurd. |
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I suppose it depends upon the officer, and ultimately the court, to make that determination. I would think that would be tough to prosecute and get a conviction. |
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