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FindLaw_John

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Everything posted by FindLaw_John

  1. Yes, it's possible to be cited for DUI/DWI while operating a vehicle on private property. Additionally, a citation may appear in the mail later on or he may be issued one by an officer. In light of your friend's previous infractions I would suggest that he consult with a local DUI Defense Attorney for advice and guidance. Your friend can find a DUI Defense Attorney in Missouri by using FindLaw's Lawyer Directory. Many of the attorneys listed even offer free consultations, so there's no harm in making a few calls. Best of luck.
  2. As the previous poster mentioned, it might be worth your while to at least speak with a local trust attorney for advice and to learn of any options you may have. You can find a Washington state trust attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations, so there's no harm in making a few calls. Best of luck, and let us know what you find out.
  3. Captain18 said... Does anyone know what the law infraction, and fines associated with, a 16 year old, Licensed driver( Provisional) driving with another person in the passenger seat ( 15 years old ) . There was no other adult in the car. What was the driver cited for? What laws/codes? Captain18 said... What could the fines be, and citations involved? Maryland's website for reviewing their statutes is a bit of a mess to link to. You can see the applicable statutes related to licensing by visiting the Maryland Code website, clicking on Transportation, and then Title 16. Read through to find the applicable statutes and see what penalty/punishments are stated. Additionally, a Maryland traffic ticket attorney listed in the FindLaw Directory can also explain what's possible. Many of the lawyers listed in the Directory even offer free consultations. Best of luck, and let us know what you find out.
  4. Were you ever served with a complaint or given notice that you were being sued? Lacybean said... Is there any way to get my license back while trying to Appeal the judgement? You'd have to contact the FLHSMV to see if there are any options. You might be able to qualify for a restricted license for the time being. Additionally, a local traffic ticket lawyer could probably advise you on your options as well.
  5. mrsbcullens said... Simply: will i be wasting my time to fight $105, ticket? You might be. You didn't mention the state (or the state law or ordinance violated), but in some states it's against the law to park on the side of the street if your vehicle is facing oncoming traffic. I.e. A vehicle parked on the right side of the street must be pointed (parked) in the direction of travel.
  6. lnjustice said... but they say he needs to have that taken off. How do we go about doing that legally? Unfortunately, unless the content provider is willing to take the articles down (I'm assuming local news outlets), I don't know that you have any sort of "legal" case to have them removed. If the stories posted on the internet strictly express the facts - arrested, charged, then there's not much legal basis to have them taken down, as those things actually occurred. Now, if there are untrue statements that have been made and posted then that might be another story.
  7. Duskfire said... I should like to be updated on the threshold of No Fault law and threshold I'm guessing that question was supposed to have something else on the end? I'm not familiar with New York law on the matter, though through some cursory Google searches I did find a great deal of discussion related to no-fault accidents in New York state. You might also consider contacting some personal injury attorneys in New York through the FindLaw Lawyer Directory. Many offer free consultations, and should be able to inform you of the current state of the law.
  8. You can read about expungement in Louisiana's Revised Statute 44:9. You may also want to try reviewing some of the resources available here on FindLaw for Louisiana related to expungement and criminal records. If you're eligible for expungement, a local criminal defense attorney ought to be able to guide you through the process. You can even speak with a Louisiana criminal defense attorney by taking advantage of the free consultations that many listed in the FindLaw Directory offer. Best of luck.
  9. Have you already accepted the plea bargain in front of the judge? Have you already been sentenced?
  10. dumbasspopo said...my question is can a cop take appart your car without a k9 unit if u just give him permission to search your car not take it appart? The key here would be to determine whether the officer exceeded the scope of your friend's consent to the search (of the vehicle). This would be an argument best made by the attorney representing your friend, as he or she would have all the necessary facts of the situation as well as have the ability to conduct the necessary research to determine whether it'd be a worthwhile argument. The standard for measuring the scope of a person's consent under the Fourth Amendment is that of objective reasonableness: what an ordinary reasonable person would have understood to be the scope of consent by the exchange between the officer and the consenting person. You can read more about vehicle searches as applied to locked containers at the previous link for more information. If your friend doesn't have a criminal defense attorney, he should consider speaking with one in Texas by using the FindLaw Lawyer Directory. Many of the lawyers listed even offer free consultations, so there's no harm in making a few calls. Best of luck.
  11. th4315 said...what the law for dwi in state of mo for private property What exactly do you mean? Or rather, what circumstances led you to ask this question?
  12. I'm unfamiliar with the proposed legislation in question, but you're welcome to search for it by using California's Legislative Info website. Additionally, you might consider contacting your local representative to locate the bill number (if it exists) and express your opinion.
  13. boris2623 said... My feeling is that I was scammed by a curbstoner and I wonder if I can sue or have any other way of at least partially recover my losses. Anyone can sue for virtually anything. Whether you'd succeed or not is another matter entirely. What you've described may be indicative of the vehicle having extensive body work performed, but some of the things you describe could also simply indicate that that it's an older car that may have had certain parts replaced over time and other parts that have simply worn out. Furthermore, one has to wonder why an inspection wasn't performed prior to the purchase of the vehicle. If the seller is unwilling to work with you to "recover your losses" then your only real option would be to sue. It would be your responsibility, however, to prove that "major bodywork" or however it's worded in the contract was actually performed. That might take some investment of time and money. You'd want to consider the value of the vehicle, what was paid, and how much you could possibly stand to gain after covering your expenses.
  14. As some of the others have mentioned, keeping your already existing trust might not be a bad idea if you'd like to try to keep your son out of the probate process. You can read about ways of avoiding probate here on FindLaw. It might be worth the time to contact a local estate planning attorney for advice. He or she could review your existing trust and discuss your wishes and let you know if your current plan accomplishes those goals, and if not, how you can go about achieving them. You can find a local estate planning attorney by using FindLaw's Lawyer Directory. Many of the attorneys listed even offer free consultations, so there's no harm in making a few calls. Best of luck, and let us know what you end up doing.
  15. twowheeler123 said... Was it legal for him to confiscate my license? I'm not familiar with Colorado's laws and procedures, but confiscation is not unusual in some states following certain types of citations. twowheeler123 said... What can I expect at the arraignment? Read about what to expect at Arraignment, here, at FindLaw. twowheeler123 said... How can I fight this for complete dismissal? Strategic advice would be something you'd need to discuss with your attorney. He or she should be familiar with the applicable codes charged against you and be able to advise you on how to successfully defend against them.
  16. I take it you're not asking about "any" vehicle - but a police vehicle, correct? If so, Ohio statute ORC - 4511.041 provides exceptions to traffic rules for emergency vehicles. You can read the conditions that must be met as well as the statutes excepted at the link provided.
  17. Consider thumbing through Ohio's rules of procedure or evidence to see the period of time for which the opposing party must respond to a discovery request.
  18. lee19854 said... WHAT CAN I DO TO THE WATER COMPANY ? What do you mean? Didn't you run into the water company's property? lee19854 said... I TOLD THE COPS BUT THEY DID NOT DO ANY THING . Was a police report taken? Can the other vehicle and/or driver be identified? lee19854 said... AND OR THE PERSON WHO ALMOST HIT ME THAT LEFT THE THAT ACCIDENT AFTER I WAS IN THE CEMENT PATCH ? Have you contacted your insurance company? Did you exchange insurance information with the other driver so as to attempt filing a claim with her insurance? lee19854 said... I AM SCREWD BECAUSE MY TRUCK WAS TOTTLED DO TO AIR BAGS? Is this a question? Does your insurance policy not cover the repair or value of the vehicle?
  19. lyndsay4269 said... Is there a procedure in which the family of an inmate can get his property back if he pled guilty to the crime? What is the item has blood on it? Exactly what type of property are you trying to retrieve? Was it used as evidence at trial? Additionally, in what state does this concern?
  20. Perhaps this simplification draft paper on Relevant Conduct and Real Offense Sentencing will offer some insight.
  21. cheen1986 said... i would like to know what kind of time this charge holds Grand theft in the third degree is considered a third degree felony in Florida. It appears to be punishable by up to 5 years in prison and up to $5000 in fines (these penalties apply to first-time offenders). cheen1986 said... what i should do? No one here can answer that question for you. That's a decision for you and/or your attorney to make. That said, warrants never go away. It's usually best to resolve them rather than let them haunt you at every turn. I would suggest speaking about this matter with a Florida criminal defense attorney. Many of the lawyers listed in the FindLaw Directory offer free consultations, so there's no harm in making a few calls. Best of luck.
  22. momofalltrades said... what advise can you give me on that and what the out come might be when all the court dates are completed No one here can offer legal advice. Direct legal questions are the best types of inquiries that can allow community members to respond. As for the outcome at trial - no one here can predict the future. He'll either take a plea deal, be found guilty, or be acquitted most likely. If convicted then he could faces imprisonment and/or fines. Your husband ought to consider speaking with a California criminal defense attorney for advice on how to proceed (as well as for assistance in preparing a defense). Best of luck.
  23. montaniosa said... Do I need a lawyer for these or I will just go ahead and pay for the fine. As with any criminal proceeding, you may want to consider speaking with an attorney. montaniosa said... My main concern however ,although it is a minor misdemeanor,It's gonna show on my record whenever they do background check on me.How can I possibly eliminate this showing on my records? It might be difficult to get such an offense expunged so soon (if it's possible). Additionally, know that even when records are expunged, most government agencies that pull background checks can still see even sealed/expunged offenses. That said, you can find information on West Virginia's expungement procedures here, on FindLaw. montaniosa said... I am applying for my citizenship at this time. Like the previous poster, I don't know how or whether that would affect your application. For a definitive answer, however, I would encourage you to get in touch with a West Virginia immigration attorney who should be able to advise you appropriately.
  24. AmiJoBurch said... Isnt he supposed to tell me if i ask what the results are? I'm not familiar with Missouri's laws and procedures, but typically, no. AmiJoBurch said... Also Id only had one drink and really doubt i was close to the legal limit. One can still be prosecuted for DUI/DWI even if they haven't exceeded the legal BAC limit. AmiJoBurch said... I was orignally pulled over for failure to stay in my lane Which the ticket states it was a 3or more lane hwy. However it was only a two lane hwy. Could I get that ticket thrown out? Unlikely. It's a clerical error at best - doesn't affect the underlying offense. AmiJoBurch said... Also on one ticket it shows im being charged with a Class A Misd. And on the other paper work it shows im being charged with a Class B Misd. Im so confused as to why that is. I need some advice on what to do. Unfortunately, because no one here can see the paperwork, I doubt anyone can explain that discrepancy either. I would strongly suggest that you review this matter with a local DUI defense attorney before going to court. He or she should be able to explain what you're facing and how to proceed. You can find a Farmington, Missouri DUI defense attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations, so there's no harm in making a few calls. Best of luck.
  25. I assume you've tried contacting management at the bank to see if they can help sort out what you describe to be a paperwork problem, correct? If you need the assistance of an attorney, consider contacting a Florida consumer protection attorney by using the FindLaw Directory. Many of the attorneys listed offer free consultations, and you can call around until you find one who can communicate in Spanish. Best of luck.
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