What is the test for a motorcyclist to be charged with a motor vehicle offence?
"New York", United States of America
The following excerpt is from People v. Powlowski, 172 Misc.2d 240, 658 N.Y.S.2d 558 (N.Y. City Ct. 1997):
Facts constituting every element of the offense charged must be factually alleged (People v. Baron, 107 Misc.2d 59, 438 N.Y.S.2d 425). This includes the element of two or more convictions for a violation of any subdivision of section eleven hundred ninety-two within the preceding ten years (Vehicle and Traffic Law 1193[1] ).
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