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Posted by admin | Posted in Beads and Jewelry Making | Posted on 27-09-2011

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Snowman Driving a School Bus Christmas Ornament
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School Bus Driver Bouncey Ball For Kids of All Ages
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50852 GROTE RED STOP LAMP SCHOOL BUS TRUCK
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2012 HOT WHEELS HANNA BARBERA THE JETSONS SURFIN SCHOOL BUS HW HOTWHEELS SILVER
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Large Yellow Plastic School Bus Vehicle Toy Car
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Fisher Price Little People Stop N Surprise School Bus
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Virginia Marked School Bus Cross- Examination Reckless Driving Highway Lawyers Attorneys

OLYVE GRAEF MOORE v. COMMONWEALTH OF VIRGINIA
Supreme Court of Virginia
April 24, 1961

During defendant's trial for passing a school bus that was discharging passengers, defendant and another defense witness testified that they had not seen the bus. Defense counsel asked two witnesses for the state how the markings on the bus conformed with the regulations of the State Board of Education (board). The trial court held the questions were improper and immaterial. Defendant was convicted of unlawfully operating a motor vehicle in a reckless manner.

Issue:

Whether the burden was on the Commonwealth to show that the school bus was properly marked or identified, in order to convict the defendant?

Observation and Holding:

The court observed that it is true that the driver of the bus and the police officer said it was so marked. However, their statements were merely expressions of their opinions. The defendant had the right to test their knowledge of the regulations involved, and of the facts attending the actual markings and identification on the bus. She had just as much right to show by cross-examination, as by her own evidence, whether or not the bus was properly marked. It might have been developed that there was some defect in its markings: that its painting had become defaced or obliterated; or otherwise deceptive. The ruling of the trial court that it was the duty of the defendant to show that the regulations of the State Board of Education had not been complied with was, in effect, a holding that the burden was on the defendant to establish her innocence.

The court held that "it follows that the rulings of the trial court in denying the defendant the right to cross-examine the Commonwealth's witnesses, and in refusing to allow counsel for defendant to argue before the jury that in order to convict Mrs. Moore of reckless driving, it was necessary that the jury find that the school bus was marked in accordance with required regulations, were erroneous and prejudicial to the defendant."

Accordingly the court reversed the judgment and remanded the case for a new trial.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

About the Author

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

School Buses