Jaywalking and Intersection Crossings

Many of us may have heard the term "jaywalking", while on the other hand, many of us may not have heard of it. Well, Jaywalking is a term use to describe walking in a street in a careless manner, as well as crossing a road when it is illegal to do so.

In several countries, as well as from Province to Province, or State to State, it is illegal to be a partaker of jaywalking and if a pedestrian is caught in the act, he or she can be fined. Therefore, in order to prevent pedestrians from crossing major and minor roads in a careless manner, designated points are marked for pedestrians to use in order to cross the road in a safe manner. So, to this end, there are pedestrian crossings at many intersections.

Disadvantages and Advantages of Intersection Crossings

I have heard many people saying that they prefer not to use the designated crossing at intersections because they find them very dangerous. As strange as this should sound, it is not strange at all. Indeed, in recent times children and adults have been hit by a vehicle while crossing at a crossing, which includes those at intersections.

Some of the reasons put forth concerning how dangerous crossing at an intersection is, are, red light runners, turning vehicles and quick changing crossing signals. While all these reasons may be valid, accidents can be reduced if we keep our eyes on the traffic before stepping onto the street as well as while crossing it.

On the other hand, an intersection crossing gives the assurance that we will be able to cross the road without having to "fight" with a steady flow of traffic. This is so important especially when crossing with children. Additionally, if for any reason, a vehicle should hit you while walking on the crossing and charges are brought against the driver, you have the advantage because it's assumed you were using the road in a responsible manner. On the other hand, Jaywalking does not provide these assurances.

However, in many countries its government has been working to make the streets safer for both drivers and pedestrians. One such resent project is the pedestrian scramble in Toronto.

So, legal or not, it is always prudent to be careful when using the roads.

Massachusetts Breathalyzer Refusals

If you refuse the breathalyzer in Massachusetts, the police department will immediately suspended your license in Massachusetts or your privilege to operate a motor vehicle if you have an out of state license. You can challenge this license suspension.

It is important to contact an attorney immediately because you only have fifteen days from the date of the arrest to challenge the license suspension. This fifteen day period includes weekends and legal holidays. The process for challenging the suspension begins by appearing at the Registry of Motor Vehicles in Boston to request a hearing regarding your refusal to submit to a chemical test. The hearings are held only in Boston regardless of where the offense occurred.

Because the hearings are done on a walk in basis, often the RMV will request a continuance to obtain a copy of the police report and report of refusal that must be prepared by the arresting officer. This report of refusal that the police must send to the RMV provides the legal authority for the Registry to suspend your license. The report of refusal must contain the following information to provide a basis for the license suspension:

First, the report must be made under the pains and penalties of perjury and set forth the grounds for the officer's belief that the person arrested had been operating a motor vehicle under the influence of alcohol; second, the report must state that such person refused to submit to a chemical test upon request by the officer. Third, the report must identity an officer who witnessed the refusal, which requires that an officer other than the officer requesting the chemical test state that the motorist refused the breathalyzer test.

Although motorists are often unsuccessful at the Registry obtaining a license reinstatement, the motorist is permitted to appeal the suspension to the district court, where the judge is going to review the record to ensure that the RMV complied with the law in issuing the suspension. It is at the district court that a motorist may be able to obtain reinstatement on the grounds that the RMV or police department failed to comply with Massachusetts law in issuing the license suspension.

You may be able to get your suspension for refusing the chemical test in Massachusetts vacated. It is important to call an attorney immediately as the fifteen day time period is strictly enforced.