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Thanks for the advice y’all, sounds like a fair price for a major metro area and the lawyer seems decent anyway, so I’ll go with him.
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# ? Jan 24, 2018 15:32 |
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# ? Jun 10, 2024 05:57 |
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you Fuckers come in here and steal my bright shining moment.
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# ? Jan 24, 2018 15:37 |
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blarzgh posted:you Fuckers come in here and steal my bright shining moment. Another legal thread success!
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# ? Jan 24, 2018 15:47 |
blarzgh posted:you Fuckers come in here and steal my bright shining moment. get a lawyer
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# ? Jan 24, 2018 16:04 |
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blarzgh posted:you Fuckers come in here and steal my bright shining moment. Prior in tempore, primus in ordine, motherfucker. Fake edit: Actually you should post about it anyway because I'm real curious as to how exactly you'd word it.
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# ? Jan 25, 2018 00:14 |
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This reminds me. My car is sitting in an airport parking lot with a just-expired (this month, so the big numbers on the sticker say 1-18) registration. There is also a temporary paper registration that expired about a week ago on the dash. The new registration is probably sitting in my mailbox at home. Obviously, there was no way for me to actually apply the new registration to my car since I'm not in the same country at the moment. I'm not going to come home to an impounded car am I? New York, if it matters.
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# ? Jan 25, 2018 16:13 |
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KillHour posted:This reminds me. My car is sitting in an airport parking lot with a just-expired (this month, so the big numbers on the sticker say 1-18) registration. There is also a temporary paper registration that expired about a week ago on the dash. The new registration is probably sitting in my mailbox at home. Obviously, there was no way for me to actually apply the new registration to my car since I'm not in the same country at the moment. I'm not going to come home to an impounded car am I? I am not a NY lawyer, but your car is legally parked in an airport parking spot for long term parking. Unless that airport has some specific rules that they'll tow vehicles with expired stickers you're fine. If they run the registration, they'll see that it's valid. This situation probably happens more often than you might expect. Now you might get pulled over and ticketed on your drive home for not having the current tags on the car. I don't know NY law regarding that, either.
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# ? Jan 25, 2018 16:17 |
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KillHour posted:This reminds me. My car is sitting in an airport parking lot with a just-expired (this month, so the big numbers on the sticker say 1-18) registration. There is also a temporary paper registration that expired about a week ago on the dash. The new registration is probably sitting in my mailbox at home. Obviously, there was no way for me to actually apply the new registration to my car since I'm not in the same country at the moment. I'm not going to come home to an impounded car am I? The one time you'd want the snow covering up your car, it all melts.
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# ? Jan 25, 2018 17:02 |
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Dr. Arbitrary posted:I had a family member pay $5000 for a DUI, which was half of what I expected. If you think you can figure it all out on your own, then estimate how many hours it would take and how much your time is worth. Basically this, but also remember that most traffic ticket defense attorneys are using this money to pay his fines, and keeping the rest from what they can negotiate down. In other words, I expect that its not $1,500Fees + $XXX.xxFines, but $1,500 flat which takes care of everything and gets him probation, etc. which is maybe even better than the going rate for his jurisdiction.
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# ? Jan 25, 2018 17:50 |
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blarzgh posted:Basically this, but also remember that most traffic ticket defense attorneys are using this money to pay his fines, and keeping the rest from what they can negotiate down. In other words, I expect that its not $1,500Fees + $XXX.xxFines, but $1,500 flat which takes care of everything and gets him probation, etc. which is maybe even better than the going rate for his jurisdiction. Your system is both hosed up and kind of great, I'm conflicted. Our non-trivial traffic tickets for DUI start at about five grand, but aren't limited; they are a flat 10% of your yearly income. Circa. Some stock broker rear end in a top hat I think got a record 100 000$ + fine couple years past. That has to suck, though obviously it was well deserved.
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# ? Jan 25, 2018 18:08 |
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I would loving love if criminal fines in the USA were set on a sliding scale with regards to income/assets.
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# ? Jan 25, 2018 19:04 |
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Mr. Nice! posted:I would loving love if criminal fines in the USA were set on a sliding scale with regards to income/assets. That would be nice. There was some developer near me who promised a dock for his development, even they had to illegally remove mangroves to do it. It was something like a $1000 fine if they just got rid of them, on a $25+ mil project. Those trees were gone before you could blink. Every time I go by that gated dock I want to bad to just put about 20 locks on it.
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# ? Jan 25, 2018 21:33 |
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My boyfriend was in an accident that totaled his car on the 16th of June, in Jacksonville Florida. He got a new car with a new licence plate two days later. On August 8th, a car in Miami Florida was cited for running a red light, with his old tag. My boyfriend received no notice until now, and has a collection company pestering him for 400 dollars, as well as other DMV fun times. He was not in Miami on August 7th, he was in Jacksonville Beach, and then his apartment, we both have credit card statements from the brewery we visited that day. He's now in Chicago for work, and unable to present himself in court to fight this idiotic mistake. He will be calling the Miami-Dade DMV tomorrow, but what should we expect? What documentation should he have on hand for his phone call? How frustrating is this going to be? Thanks a bunch, we appreciate it. Suspect Bucket fucked around with this message at 02:17 on Jan 26, 2018 |
# ? Jan 26, 2018 02:04 |
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Suspect Bucket posted:My boyfriend was in an accident that totaled his car on the 16th of June, in Jacksonville Florida. He got a new car with a new licence plate two days later. On August 8th, a car in Miami Florida was cited for running a red light, with his old tag. My boyfriend received no notice until now, and has a collection company pestering him for 400 dollars, as well as other DMV fun times. He was not in Miami on August 7th, he was in Jacksonville Beach, and then his apartment, we both have credit card statements from the brewery we visited that day. He's now in Chicago for work, and unable to present himself in court to fight this idiotic mistake. He will be calling the Miami-Dade DMV tomorrow, but what should we expect? What documentation should he have on hand for his phone call? How frustrating is this going to be? Has he requested the evidence of the alleged violation? A quick and incomplete review of the FL statute suggests that he's supposed to be given notice of a right to review whatever evidence is creating a rebuttable presumption against him. If Florida is anything like Illinois then the fact that he wasn't in the car (or even state) wouldn't matter; ownership of a vehicle is enough for personal liability on many citations, such as parking tickets, tollway fines or red light camera violations. For that matter, when you say "totaled" was it actually deemed a total loss and does he have documentation of the same from the insurance company?
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# ? Jan 26, 2018 06:48 |
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Its probably a misread license plate. Should have mailed you something to contest it with if it was a red light camera.
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# ? Jan 26, 2018 07:08 |
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Hey, sorry for the panic, got it all figured out. So aparently the date of the 'violation' was the date it went to the courts. The actual violation was in January, when he was actually in Miami, but the notice never got to him, which is hosed up. So no panic. He'll pay the fine. But to get his licence straightened out, I'm afraid he's going to have to go back to the Florida DMV. Which is super annoying, because he is coming back in Febuary for a long weekend, but we're going camping in the Everglades. The Fort Lauderdale DMV sounds like a terrible camping spot.
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# ? Jan 26, 2018 17:33 |
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Suspect Bucket posted:Hey, sorry for the panic, got it all figured out. So aparently the date of the 'violation' was the date it went to the courts. The actual violation was in January, when he was actually in Miami, but the notice never got to him, which is hosed up. So no panic. He'll pay the fine. But to get his licence straightened out, I'm afraid he's going to have to go back to the Florida DMV. Which is super annoying, because he is coming back in Febuary for a long weekend, but we're going camping in the Everglades. The Fort Lauderdale DMV sounds like a terrible camping spot. FYI - his DL might be suspended if he missed a court date for a traffic ticket. You can check here https://services.flhsmv.gov/dlcheck/?AspxAutoDetectCookieSupport=1
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# ? Jan 26, 2018 17:42 |
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Mr. Nice! posted:FYI - his DL might be suspended if he missed a court date for a traffic ticket. You can check here https://services.flhsmv.gov/dlcheck/?AspxAutoDetectCookieSupport=1 Yeah, it is. Fortunately, he takes the metra pretty much exclusively now. It's just going to be a pain because he's got to get his car registered in IL soon. Silly bullshit. But we're both relived that it's not a case of his identity or licence plate being stolen. I just want to know why the heck he never got any notice in the mail. I blame his former idiot stoner roomate. Suspect Bucket fucked around with this message at 19:43 on Jan 26, 2018 |
# ? Jan 26, 2018 19:41 |
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sleepy.eyes posted:That would be nice. There was some developer near me who promised a dock for his development, even they had to illegally remove mangroves to do it. It was something like a $1000 fine if they just got rid of them, on a $25+ mil project. Those trees were gone before you could blink. Every time I go by that gated dock I want to bad to just put about 20 locks on it. That's lovely. Don't put locks on it. Dump a load of cement on it.
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# ? Jan 26, 2018 21:35 |
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Suspect Bucket posted:Yeah, it is. Fortunately, he takes the metra pretty much exclusively now. It's just going to be a pain because he's got to get his car registered in IL soon. Gonna be at least a hundred in fees to get that license unsuspended, too. If that’s too much on top of the criminal fines, typically florida courts will give you credit for $10/hr of community service you do. Just take that into consideration when you’re figuring out paying fines. The license fees cannot be waived with community service.
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# ? Jan 27, 2018 00:36 |
This is less a legal advice question but a law question. I'm rather disgusted by some of the things that Non-Disclosure Agreements are being used for ... the McKayla Maroney NDA as part of her settlement in the Larry Nassar case exposing her to financial penalties for making a victim impact statement is abhorrent, even if the USGA exempted her from that exposure when the situation came to light. I fully understand the value and moral defensibility of an NDA to cover confidential details, but extending this to obligate people to flat-out lie or cover up crimes is not ok. I am getting involved in local primaries and one of the candidates for the US House has some policy statements regarding legal constructs (he opposes non-compete clauses). 1) By what mechanism would you best place limits on the scope of speech that NDAs can restrict? Laws passed by the House/Senate? How about State or local laws? Court challenges based on constitutional arguments? 2) Are current NDAs already overly broad in such a way that can be contested with a decent likelihood of success, but just limited by not having a well-financed test case yet? 3) What could the unintended consequences of such an action be? Would companies or rich and powerful individuals just be incentivized to dig in their heels and attack victims and deny culpability, resulting in a situation where the victims are actually worse off?
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# ? Feb 1, 2018 05:59 |
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1) you probably cannot federally limit NDAs because it’s unlikely that any clause would cover it. But good news! Whatever state you live in already has established case law on NDAs, non competes, non disparagement, etc and chances are the case law leans towards them being unenforceable. Yet does this matter? Maybe? 2) yes many NDAs out there are likely unenforceable, as are many non competes and non disparagements. Most clauses like these are limited by time and scope and other factors. You also may live in a state where the court has to “blue line” the clause, which means they can find it too broad but then have to rewrite it to be enforceable and then double check whether it’s still applicable. You don’t need a test case, these things have been litigated before and it’s mostly just applying the facts to whatever standards your state court has developed 3) whether the clause is enforceable or not is usually not the main factor. First, the main threat is financial. Is determining the clause to be unenforceable worth how ever many thousands of dollars it’s going to take to resolve it, especially up thru state appellate court? Second, is it worth effecting your reputation in whatever field you work in? Word will get around that you are violating NDAs, non competes, etc. Third, the high profile nature of some cases as you said. Do you want your reputation dragged thru the mud by someone more rich and powerful as you are? Like a lot of things in life, whether it is legal or whether you’ll prevail in court is not always a determinative factor when dealing with NDAs I wrote this really quickly on my phone EwokEntourage fucked around with this message at 06:21 on Feb 1, 2018 |
# ? Feb 1, 2018 06:18 |
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I think its important to remember that an NDA is a private contract between two parties - not some sort of state sanctioned penalty. My limited recollection is that the NDA in this case was part of a prior financial settlement between Maroney and USAG, which is basically par for the course in any civil settlement. She and her lawyers could have limited the NDA to permit her to testify in the event of a subpoena or other order from the Court (and probably did), or they could have stood firm and refused to sign one as part of the settlement. I'm sure both parties signed a mutual non-disclosure because she was likely equally interested in the US Olympic team not telling everyone about what she had been through. In fact, without knowing anything more about the case, I'll bet you $10.00 that not only does a subpoena or court order trump the contract, but that she never has to pay the fine if she does testify. What I'm saying is that I think this particular angle on the bigger news story is probably sensationalized to rile people up, rather than highlighting a new, previously unknown form of injustice.
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# ? Feb 1, 2018 17:03 |
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blarzgh posted:She and her lawyers could have limited the NDA to permit her to testify in the event of a subpoena or other order from the Court (and probably did), or they could have stood firm and refused to sign one as part of the settlement. I've never seen an NDA that didn't have a carveout for disclosure as compelled by applicable law. I strongly suspect one that didn't would be considered a contract against public policy.
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# ? Feb 1, 2018 18:56 |
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ulmont posted:I've never seen an NDA that didn't have a carveout for disclosure as compelled by applicable law. I strongly suspect one that didn't would be considered a contract against public policy. exactly Edit: but those kinds of details are no fun for twitter and stuff.
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# ? Feb 1, 2018 20:46 |
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ulmont posted:I've never seen an NDA that didn't have a carveout for disclosure as compelled by applicable law. I strongly suspect one that didn't would be considered a contract against public policy. blarzgh posted:exactly
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# ? Feb 1, 2018 21:27 |
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Dead Reckoning posted:How does that work in the case of disclosure that isn't compelled by law? My understanding is that the document in this discussion was a victim impact statement, which is provided voluntarily. I know an NDA can't bind one party not to testify about criminal activity, would voluntarily talking about its impact on the victim fall under that umbrella? depends on how the NDA was written, what they agreed to as part of the cash settlement, and whether or not she was subpoenaed for the impact statement.
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# ? Feb 1, 2018 21:41 |
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blarzgh posted:depends on how the NDA was written, what they agreed to as part of the cash settlement, and whether or not she was subpoenaed for the impact statement. I can't speak for every state, but I've never seen a victim subpoenaed for a victim impact statement. I've seen prosecutors read victim impact statements on behalf of the victim but can't imagine why they would force a victim to give an impact statement (assuming they even had the power to do so) when it won't affect the sentence.
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# ? Feb 2, 2018 08:24 |
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Edited because the answer is "get a lawyer." Thanks lawgoons! Bitchkrieg fucked around with this message at 12:46 on Feb 2, 2018 |
# ? Feb 2, 2018 12:23 |
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You should call a lawyer immediately.
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# ? Feb 2, 2018 12:37 |
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KillHour posted:You should call a lawyer immediately. In fact, it's the first thing you should do before you do anything else. This is way beyond legal hints and tips on the internet.
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# ? Feb 2, 2018 12:41 |
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Nice piece of fish posted:In fact, it's the first thing you should do before you do anything else. This is way beyond legal hints and tips on the internet. Okay cool. I had a consult last week and will reach out again today. Thanks folks.
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# ? Feb 2, 2018 12:45 |
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Getting free consults does not equal get a lawyer
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# ? Feb 2, 2018 13:48 |
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euphronius posted:Getting free consults does not equal get a lawyer No poo poo. Let me clarify: I had an initial consult and will reach out today about hiring them.
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# ? Feb 2, 2018 14:46 |
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Wasn't talking to you in particular Just a message for everyone
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# ? Feb 2, 2018 14:46 |
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Here's a message to everyone: lawyers are the worst
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# ? Feb 2, 2018 15:00 |
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checks out
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# ? Feb 2, 2018 15:04 |
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What I really meant was stop being cheap fucks, goons Not you.
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# ? Feb 2, 2018 15:07 |
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I missed it, how bad did that guy gently caress up?
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# ? Feb 2, 2018 15:18 |
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# ? Jun 10, 2024 05:57 |
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I stand by my post, and it had nothing to do with you (honestly, we are just the worst)
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# ? Feb 2, 2018 15:18 |