People v Lounsbury
May 23, 2016OUTCOME: Dismissed
Amanda Lounsbury was charged with failing to exercise due care for an emergency vehicle stopped on the side of the highway. In the supporting deposition issued by the state police trooper, there was no ... statement that the stopped emergency had it's emergency lights activated. Judge James M. Law denied the Defendant's motion to dismiss the traffic ticket and scheduled at trial. At trial, the trooper testified that the emergency lights were activated, and Judge Law convicted Amanda Lounsbury. Two (2) points were assessed on her license. On appeal, Judge Felix Catena of Montgomery County Court reversed the conviction of the trial Court and dismissed the ticket for failing to exercise due care for a emergency vehicle. Judge Catena found that the traffic ticket was jurisdictionally defective because it did not include sufficient factually allegation to support the charge.
