Cause of action in a traffic violation?
3 attorney answers
Generally, yes it does. A New Hampshire ticket, in the form of a complaint, lists in summary form the facts and circumstances complained of which resulted in a violation of an applicable statute. For instance, a speeding ticket generally lists where the violation occurred, by whom, the car driven, the speed limit of the zone, the speed complained of, and the method used by the officer (as the subscribing witness) to measure the putative violator's alleged speed. If you are thinking about bringing a motion to dismiss a ticket for failure to state a cause of action, don't. Unless the ticket is materially defective, (i.e. reads that you were pulled over on I-93 in Lincoln, but in fact you were stopped on Rt 101 in Dublin) you will only upset the judge. Good luck!
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I don't understand the question. A cause of action against whom? Are you talking about fighting your ticket or somehow bringing an action because you got a ticket?
Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.
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A valid "cause of action" is just the individual elements to a legal endpoint. You need an intent to violate (mens rea) and the action (actus reus). So for speeding you need the intent to speed (or control) and the action breaking the limit. Your question is circular.