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November 11, 2011

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Page 10 POST-GAZETTE, NOVEMBER 11,2011 1 David J. Saliba | Attorney at Law J LEGAL Interest Operating a Motor Vehicle in Massachusetts with a License from a Foreign Country SUPREME JUDICIAL COURT OF MASSACHUSETTS 459 Mass. 756; 948 N.E.2d 394 March 7, 2011, Argued * May, 20, 2011, Decided On January 20, 2006, the defendant, Kristian A. Chown, was stopped for speed- ing and then arrested for operating a motor vehicle without a license in violation of G. L. c. 90, 10. As Sergeant Tynan approached the truck he noticed that it had a registration plate from New Brunswick, Canada. He also ob- served that the rear window of the truck had been smashed, with. weather stripping hang- ing out. As he approached the driver's side of the truck, he recognized the driver. Ser- geant Tyrian had been a patron at the res- taurant a few times. The defendant presented Sergeant Tynan with a New Brunswick license, listing a New Brunswick address and containing an expiration date of July 8, 2007, but could not locate and produce the truck's registration. The Court Said: the judge noted that the defendant had produced a valid Canadian license and that, under G. L. c. 90, I0 a nonresident may operate a motor vehicle in Massachusetts "In accordance with sec- tion three {of G, L. c. 90] and ff dully licensed under the laws of the state or country where such vehicle is registered and has such license on his person or in the vehicle in some easily accessible place." While 3 of G. L. c. 90 limits the operation of a motor vehicle owned by a nonresident and regis- tered in a different country to " no more than thirty days in the aggregate in any one year. Because the commonwealth does not contest the validity of the defendant's reg- istration and insurance, and the nature or extent of reciprocal privileges granted by New Brunswick, Canada, to motorists of Massachusetts, the defendant's operation of his truck in Massachusetts beyond the temporal limits set forth was not shown to be unlawful. General Laws c. 90, 10, first par., pro- vides that a "motor vehicle of a nonresident may be operated on the ways of the com- monwealth ... by its owner ... if the nonresi- dent operator is dully licensed under the laws of the state or country where such vehicle is registered and has such license on his person or in the vehicle in some easily accessible place." This case says that a foreign visitor with a valid foreign license may drive in Massachusetts for at least 30 days, News Briefs (Continued from Page I) tive talk radio yakkers keep trying to dismiss it all by saying just what is sexual harassment, making Cain sound like a victim rather than the alleged harasser. The definition of harass- ment: repeated unwanted gestures or speech. Many conservatives think that the feminazis like throwing the term around just to get people. However, if you have been a victim of sexual harassment, you know what it is and if you have wit- nessed it, you know what you saw. Belittling the term doesn't make it disappear or become nothing but mean- ingless rhetoric. Cain is in troubl'e with this story out there in the news. Pretending it is nothing won't work in his favor. Just as joking-about his favorite ice cream that is no longer in production because it was, indeed, a flavor of the month seems foolish to say. U.S. Rep. Paul Brown is onto Something Here U.S. Rep. Paul Brown, R-Georgia was a guest on the Jeff Katz Show a recent morning on Talk 1200 Bos- ton and talking about the Obama Administration's push for national health in- suranceJ He reminded lis- teners what President Obama was saying back when he was selling his health reform plan, aka Obamacare. Remember? "If you like you present health insurance, you can keep it." That was a crock. The drive is on to make everyone pre- pare for socialized, medi- cine. That's what Obama, Reid and Pelosi all seem to want for all of us. They seem opposed to private health in- surance. Brown isn't just a congressman, he is a medi- cal doctor who thinks Ameri- cans want affordable health care and Obamacare is just driving up the costs of health care rather than making things easier for all of us when we go see our own doc- tors. Wouldn't it be nice if we just had one congressman who sounded like Brown? Cain Isn't Able or Prime Time Yet The more I see of Herman Cain, the more I think he should stick to pizza rather than politics. No way, he'll get the nomination. He comes across more George Jefferson than Thomas Jefferson. If only Rick Perry would wake up from his self- induced coma, he actually might have a chance. Mean- while, it appears that Mitt Romney is waiting to be crowned king of the GOP. Mitt wins the nomination; we get four more useless years of Barack Obama and the worsening of the economy and a permanent class of jobless Americans. Perhaps, there is still out there the real Republican who can take Obama down but time is running out fast with the bevy of losers seek- ing the GOP nod. New Jersey'sChris Christie might have been that guy. U.S. Sen. Marco Rubio, R-FL certainly isn't when he talks of his parents fleeing Cuba from Castro when they fled in 1956 before Fidel took over Cuba. It is only three years but there's a world of difference in Cuban history between 1956 and 1959, isn't there? At this point, even Sarah Palin would be a better can- didate for president than the crew in the running. If Florida's ex-governor Jeb Bush wasn't a Bush, even he might be a great candidate. There's an old maxim that says you can't beat somebody with nobody and this years the Republicans are fielding a large crop of nothings. Back In Boston Occupy Boston looks like they're settling in for the long cold winter with Mayor Menino running from his responsibility by allowing these protesters to destroy a section of the greenway, dis- rupt traffic at whim and make a mockery of city gov- ernment. The longer this group is allowed to stay there the more empowered they become. Meanwhile, the costs keep adding up for the 99 percent who are forced through their taxes to pay the tab for this protest. So far, many whacko ex- tremist groups have signed on to Occupy Boston like the American Nazi Party, Com- munist Party USA and David Duke from the Klan. What part of the 99 percent are they part of?. Eventually Occupy Boston must fold up its tents. Will that be a good or bad day for Mayor Menino? Reid Clueless About Jobs Crisis Sen. Majority Leader Harry Reid following the Obama party line thinks the private sector is "doing just fine" and it is govemment in need of help. When he was re- sponding to a question on the Senate floor about a Demo- crat plan to raise taxes to pay another 835 billion bail- out to states stated, "It's very clear that private sector jobs have been doing just fine; it's the public sector jobs where we've lost huge num- bers, and that's what this legislation is all about." He really said that showing how wrong, clueless and insen- sitive he and the Democrats remain to the damage caused by stupid ideas and bailouts from the current occupier at the White House and an-out-of touch Demo- crat leader like Harry Reid. Remember this Quote? "Generations from now, we will be able to look back and tell our children that this was the moment ... when the rise of the oceans began to slow and our planet began to heal." -- BARACK OBAMA, June 3 rd, 2008 ... more than meets the eye OF BROTHERS - THE PACIFIC (12-DVD} IJlBO Home JEYtt. This ultimate collection pairs up Band of Brothers & The Pacific in a special edi- tion gift set depicting WWII. Culled from interviews with survivors of Easy Company, soldiers' journal and letters, Band of Brothers chronicles the experiences of these men who knew extraordi- nary bravery and extraordi- nary fear. They parachuted into France early on D-Day, fought in the Battle of the Bulge, and captured Hitler's Eagle Nest at Berchtesgaden. The Pacific follows the real- life journeys of three U.S. Marines across the vast canvas of the Pacific The- ater during World War II, their first battle with the Japanese on Guadalcanal. Plus, the rainforests of Cape Gloucester, the strongholds of Peleliu, over the bloody sands of lwo Jima, the hor- ror of Okinawa, and their return home after V-J Day. LITTLE HOUSE ON THE PRAIRIE - THE COMPLETE 9 SEASON SET (55-DVD) Lionsgate Little House on the Prairie, which debuted i,n 1974, is one of television's all-time top family dramas brought back in time for the holi- days! The collection con- tains nine seasons and 203 episodes of the beloved series on 55 discs. Special features include the televi- sion pilot movie that birthed the show, along with the Ingalls' unconquerable cour- age as they strive to create a better way of life. Little House on the Prairie cap- tured the hearts and imagi- nations of American fami- lies. A top-rated series throughout its nine-season run, the timeless show's themes of love, discipline, morality and strong values continue to resonate with viewers around the world through its continued syndi- cation. An extraordinary adventures of a young pio- neer family's struggle to build a new life for them- selves on the lawless Ameri- can frontier of the 1870s. Outstanding collection! SPARTACUS: GODS OF THE ARENA (2-DVD) Anchor Bay Ent. The House of Batiatus is on the rise, basking in the glow of its infamous cham- pion Gannicus, whose skill with a sword is matched only by his thirst for wine and women. These are the times a young Batiatus has been waiting for. Poised to over- throw his father and take control, he'll freely betray anyone to ensure his gladi- ators are in the highest demand, and his calculating wife Lucretia is by his side. Together, they will stop at nothing to deceive the masses, seize power, and bleed Capua dry. Starring John Hannah and Lucy Lawless. THE OTHERS (Blu-ray) Lionsgate Celebrate the i0 th anni- versary of the compelling thriller The Others, as Nicole Kidman as Grace, delivers an utterly unforgettable per- formance. While awaiting her husband's return from the war, Grace and her two young children live an un- usually isolated existence behind the locked doors and drawn curtains of a secluded island mansion. Then, when three mysterious servants arrive, it becomes frighten- ingly clear; that there is far more to this house than meets the eye. This sus- penseful hit will keep you guessing. BYE BYE PACIFIER: BIG KID STORIES WITH ELMO (DVD) Warner Home Video Is your child ready to be a Big Kid? To find out, join Elmo and the gang for three major milestones: giving up the pacifier, learning to ride a tricycle, and getting a first haircut, Children will identify with the loveable Muppets and their emotions in this fun and entertaining DVD. Elmo belts out a brand new tune entitled "Big Kid Too," plus a 19-page story and activity book and the clip "Proud." RESCUE ME: THE SIXTH AND THE FINAL SEASON {5-DVD) Sony Pictures Home Ent. The groundbreaking series comes to an unforgettable end in this remarkable five- disc set combining both the tumultuous Sixth Season and the emotional Final Sea- son. As troubled NYPD fire- fighter Tommy Gavin (Den- nis Leary) confronts his need for rescue and redemption, the crew of 62 Truck wages their own climactic struggle to survive and persevere -- both on the front lines and in their personal lives. Embraced by critics and viewers alike for sear- ing, true-to-life perfor- mances and unflinching storytelling, Rescue Me closes out its astonishing run with the most compel- ling season of the series. MOTOWN GOLD FROM THE ED SULLIVAN SHOW {DVD) Motown-Hip-O Taped live on the Ed Sullivan Show classic perfor- mances from 1964-1971 spreading the Motown Sound across America. Enjoy over two hours of HitsviIIe U.S.A. magic from Diana Ross & the Supremes, Four Tops, Gladys Knight & the Pips, The Jack- son 5, Martha & the Van- dellas, Marvin Gaye, Smokey Robinson, Stevie Wonder, The Supremes and The Temptations. Close to 60 hits from the original artists, and they never sounded so good! VISIT THE POST-GAZETTE AT WWW. BOSTON PO STG AZ ETTE.CO M