Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Auracounts
Sep 21, 2006

joat mon posted:

It's unlikely she is or you were an independent contractor. Biggest giveaway: an independent contractor doesn't have a 'boss.'

(snip)

The first (and only) private firm I worked for tried to pull this crap on me; one of many reasons I'm overjoyed not to be there anymore.



Quick derail, but this sounds eerily familiar. Mind if I ask what state you're in?

Adbot
ADBOT LOVES YOU

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

joat mon posted:

It's unlikely she is or you were an independent contractor. Biggest giveaway: an independent contractor doesn't have a 'boss.'

Often not the case in copyright. Just saying.

It's a balancing test, and not always clear, but the factors involve things like "Do you work regular hours, do you report to a supervisor with hiring/firing authority, do you have an employee manual, do you pay taxes, are you eligible for benefits, do you report your hours, do you supply your own tools, is there someone with right to control your work, etc."

IIRC the supreme court has given guidance that the taxes and benefits eligibility are the most important factors with others (hiring/firing authority, employee manual) having greater weight than others, but none are presumptive.

The case involving the factors, CCNV v. Reid, is a good place to start -- even though it's a copyright/work-for-hire case, it's a clear distinction of the factors used in determining an employer/employee relationship.

Leif. fucked around with this message at 18:32 on Jun 12, 2010

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Auracounts posted:

Mind if I ask what state you're in?

Oklahoma.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

SWATJester posted:

Often not the case in copyright. Just saying.
Sorry, I didn't mean to imply that the 'boss' test was a legal one.

Colorado law presumes you to be an employee, unless:

Colorado Revised Statutes 8-40-202(2)(b) posted:

To prove independence it must be shown that the person for whom services are performed does not:
(A) Require the individual to work exclusively for the person for whom services are performed; except that the individual may choose to work exclusively for such person for a finite period of time specified in the document;
(B) Establish a quality standard for the individual; except that the person may provide plans and specifications regarding the work but cannot oversee the actual work or instruct the individual as to how the work will be performed;
(C) Pay a salary or at an hourly rate instead of at a fixed or contract rate;
(D) Terminate the work of the service provider during the contract period unless such service provider violates the terms of the contract or fails to produce a result that meets the specifications of the contract;
(E) Provide more than minimal training for the individual;
(F) Provide tools or benefits to the individual; except that materials and equipment may be supplied;
(G) Dictate the time of performance; except that a completion schedule and a range of negotiated and mutually agreeable work hours may be established;
(H) Pay the service provider personally instead of making checks payable to the trade or business name of such service provider; and
(I) Combine the business operations of the person for whom service is provided in any way with the business operations of the service provider instead of maintaining all such operations separately and distinctly.

But Silver String, here's something new...

Colorado Employment Law blog posted:

On June 2 [2009], Governor Bill Ritter signed into law HB 1310, which provides significant penalties for misclassifying individuals as independent contractors. For willful violations, a business may be fined up to $5,000 per misclassified employee for the first offense, and up to $25,000 per misclassification for subsequent violations. This new law only adds to the existing misclassification pitfalls, including potential fines, penalties and liability associated with failure to pay appropriate payroll taxes, minimum wage or overtime, and benefits. Such penalties add up quickly if a large number of individuals were misclassified

There's good stuff on the blog, including a write-up of a 2008 Colorado Court of Appeals case on the independent contractor / employee analysis.

joat mon fucked around with this message at 19:32 on Jun 12, 2010

Offrampmotel
Mar 18, 2006
Guitar God

joat mon posted:

It's unlikely she is or you were an independent contractor. Biggest giveaway: an independent contractor doesn't have a 'boss.'

The IRS's page on the subject

The IRS's old test for employee/independent contractor I think this one is more informative; the new test gives a little more wiggle room, but the basics are unchanged.

The first (and only) private firm I worked for tried to pull this crap on me; one of many reasons I'm overjoyed not to be there anymore.

I wish I would have known that back then. It would have saved me about $10,000

Arson
Dec 9, 2003

SPF 45 a day keeps the oncologist away.
I have a question about a traffic ticket I received. The officer stated I was being given the ticket for not using my turn signal.

I'm curious about this because this section of highway (like so many areas around here) has 2 lanes that expand when an exit nears. When the exit lane expands from the highway into the third lane there is an area of about 50-75 yards where there are no markings on the road before the dotted white lines continue. This is pretty common, but in my area these portions of road seem particularly long before the new lane lines begin. I notice that a large majority of drivers here treat this type of lane move as a merge and pull into the lane without signaling.

I live in South Carolina. What are the laws regarding lane changes when the road is unmarked? Also, what would it take for me to get a copy of the video that was recorded in the police vehicle?

Sizzlechest
May 7, 2007
Posting this again...

I had two root canals less than a month ago from a dental group. I went to see a dentist within that group to get the crowns, and she said she needed an endo to look at the work done. I just had the consult yesterday and he said they need to be redone. Now I have yet another consult with the endo who's going to do the actual work in two weeks. Assuming he says they both have to be redone, I don't feel I should have to pay for the first root canals. If I had to go to court, what are my rights?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Arson posted:

I live in South Carolina. What are the laws regarding lane changes when the road is unmarked? Also, what would it take for me to get a copy of the video that was recorded in the police vehicle?

South Carolina Code of Laws, Title 56 posted:

SECTION 56-5-2150. Turning movements and required signals.
(a) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal as provided for in this section.

You'll need to make a Freedom of Information Act (FOIA) request with the jurisdiction to which the cop belongs to get the video. Call them up and ask how to make a FOIA (foy-uh) request. There's a decent chance they'll say no, even though there's caselaw that say they have to turn over a copy of the video. Then you'll need to lawyer up if you really want the video.

Arson
Dec 9, 2003

SPF 45 a day keeps the oncologist away.

joat mon posted:

You'll need to make a Freedom of Information Act (FOIA) request with the jurisdiction to which the cop belongs to get the video. Call them up and ask how to make a FOIA (foy-uh) request. There's a decent chance they'll say no, even though there's caselaw that say they have to turn over a copy of the video. Then you'll need to lawyer up if you really want the video.

If it is indeed require that you use your turn signal on unmarked portions of roads (sounds like it) then I probably won't contest it. Thanks for the information.

edit: :siren: I notice that the police officer cited the wrong code on the ticket. Does this change things? The code cited does not exist. I know some errors in tickets before have had them thrown out.

Arson fucked around with this message at 07:18 on Jun 13, 2010

Jyrraeth
Aug 1, 2008

I love this dino
SOOOO MUCH

I have a question about Canadian copyright law.

An acquaintance of mine asked me to do a logo for his band. He sketched out most of it, and I put it into Illustrator and made a vector of it. I've changed it around, and edited a lot of it. It's a lot more refined than it was before, and I've put in a few good hours into it. Who owns the copyright? Also, what kind of legal leg do I have to stand on to get paid for work like this? He's not exactly the most trustworthy person, and I'm sure he'd try to get this for free, or for an unfairly low price.

Chances are it's not going to be worth any commercial value (unless his dreams come true and his band gets famous) but I'd still like to know. Thankya.

Trillian
Sep 14, 2003

Jyrraeth posted:

I have a question about Canadian copyright law.

An acquaintance of mine asked me to do a logo for his band. He sketched out most of it, and I put it into Illustrator and made a vector of it. I've changed it around, and edited a lot of it. It's a lot more refined than it was before, and I've put in a few good hours into it. Who owns the copyright? Also, what kind of legal leg do I have to stand on to get paid for work like this? He's not exactly the most trustworthy person, and I'm sure he'd try to get this for free, or for an unfairly low price.

Chances are it's not going to be worth any commercial value (unless his dreams come true and his band gets famous) but I'd still like to know. Thankya.

You should have had a written contract before delivery if you were concerned about this.

a forbidden love
Apr 28, 2005

"It was never meant to beep boop be"
Seems like I'm back for more legal advice.

I'll make it short and simple. I'm a sailor stationed in Japan and I bought a new Dodge Avenger R/T 3.5L from the ENCS contractors on base about 12 months ago. Around the 10th month mark of having the car as I was driving to another base for college courses it stalled on me. There was an electrical failure which trapped me in the car for a couple of minutes and with no way to warn the traffic behind me that I was stalled. After what seemed to be forever I finally got out of the car and set up a flare and a reflective triangle (it was about 0600 in the morning). It was at this point that I noticed the smoke coming out from the hood of my car. I opened the hood and a plume of smoke made me turn my head away. When the smoke finally cleared I was greeted by a nice fire in the fuse box.

I've talked to the people at ENCS and they admitted that when they brought the cars over to japan they had to rewire the electrical system to meet Japanese specs. The problem is that the mechanic they hired to do the change wasn't Dodge certified, moreover they knew that the change caused fires. They said they did their "best" to contact me about the potential problem. I never received any emails or phone calls or any other form of contact.

Now I'm stuck without a car. Well, after the whole incident they took it to a chrysler dealership here in japan and a dodge certified mechanic "fixed" the problem and all associated problems. I'm honestly scared to get back into that drat death trap. I talked to the JAG here and I told him what I wanted (my money back in full) the first one I got was a reservist who was really confident that we could win this case. Unfortunately the reservist had to leave and my case was passed on to a more junior lawyer who isn't as optimistic.

The regional manager agreed to speak to me and find out if we could solve this "amicably". I told him what I wanted and he pretty much told me that it wasn't going to happen and that I most likely won't be able to sue them either because their headquarters is in switzerland. I find this all hard to believe because why the hell would the navy agree to do business with a company that would basically have no way to be held accountable for gently caress ups?

I would like for any awesome legal goon to verify if the Exchange New Car Sales headquarters are actually in Switzerland and if there are any alternate means to convince ENCS that it is in their best interest to just give me my money back.

If anyone could please help me out I would be greatly appreciative.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Sizzlechest posted:

Posting this again...

I had two root canals less than a month ago from a dental group. I went to see a dentist within that group to get the crowns, and she said she needed an endo to look at the work done. I just had the consult yesterday and he said they need to be redone. Now I have yet another consult with the endo who's going to do the actual work in two weeks. Assuming he says they both have to be redone, I don't feel I should have to pay for the first root canals. If I had to go to court, what are my rights?

You have a theoretical dental malpractice case, but I doubt that it is financially worthwhile to pursue. In order to pursue the case, you would have to hire an expert dentist and maybe an endo at a cost of thousands and thousands of dollars to testify that your dentist failed to meet the standard of care. Unless half your face rots off as a result of the bad work, I don't think the damages are likely to support the cost of prosecuting the case.


a forbidden love posted:

Seems like I'm back for more legal advice.

I'll make it short and simple.

No, not short and simple. Very, very complicated. Due to the military / out of country issues - I can't even tell you the laws of which country would apply - Japan, U.S. (and if so, whether military law or some state's law) or Swiss. You are unlikely to get a competent answer to this question over the internet.

Solomon Grundy fucked around with this message at 13:49 on Jun 13, 2010

a forbidden love
Apr 28, 2005

"It was never meant to beep boop be"

Solomon Grundy posted:

No, not short and simple. Very, very complicated. Due to the military / out of country issues - I can't even tell you the laws of which country would apply - Japan, U.S. (and if so, whether military law or some state's law) or Swiss. You are unlikely to get a competent answer to this question over the internet.

Figures. Can I get a referral to a competent lawyer? It seems like the JAG can't be bothered to at least find out the actual jurisdiction for me. I'm no lawyer or PR exec but wouldn't it behoove the Dodge corporation to acquiesce to my simple request instead of risk having my issue go public? I could make this very public and very bad. well thanks again.

a forbidden love fucked around with this message at 14:12 on Jun 13, 2010

Sizzlechest
May 7, 2007

Solomon Grundy posted:

You have a theoretical dental malpractice case, but I doubt that it is financially worthwhile to pursue. In order to pursue the case, you would have to hire an expert dentist and maybe an endo at a cost of thousands and thousands of dollars to testify that your dentist failed to meet the standard of care. Unless half your face rots off as a result of the bad work, I don't think the damages are likely to support the cost of prosecuting the case.

I'm not looking to sue for pain and suffering or any punitive damages. I just want to recover the out of pocket costs for the original $350 payment and whatever out of pocket I need to pay to get it fixed. I suspect the total for me will be way under $3,000. That's why I brought up small claims court.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

a forbidden love posted:

I've talked to the people at ENCS and they admitted that when they brought the cars over to japan they had to rewire the electrical system to meet Japanese specs. The problem is that the mechanic they hired to do the change wasn't Dodge certified, moreover they knew that the change caused fires. They said they did their "best" to contact me about the potential problem. I never received any emails or phone calls or any other form of contact.
Get evidence of this somehow; written, recording, etc.

a forbidden love posted:

The regional manager agreed to speak to me and find out if we could solve this "amicably". I told him what I wanted and he pretty much told me that it wasn't going to happen and that I most likely won't be able to sue them either because their headquarters is in switzerland. I find this all hard to believe because why the hell would the navy agree to do business with a company that would basically have no way to be held accountable for gently caress ups?

I would like for any awesome legal goon to verify if the Exchange New Car Sales headquarters are actually in Switzerland and if there are any alternate means to convince ENCS that it is in their best interest to just give me my money back.

There is another level above the regional managers,

Exchange New Car Sales
175 Crossways Park Dr
Woodbury, NY 11797
Telephone: 516-921-2800

Military Car Sales
GmbHWesterbachstr. 23
61476 Kronberg/Ts.
Germany
Telephone: 06173-704-256 or 06173-704-257
Custserv@militarycars.com

you might also try the Seoul office listed in the Customer Bill of Rights (below)

There are two alternate means I can think of:

1. ENCS has its own lemon law, called the Customer Bill of Rights. Note that you have to contact the regional corporate office in writing before you have any work done for subsequent repairs. That is, they make it as much of a pain in the rear end as they can to meet the requirements.

2. The Commanding General in the area has the power to ban military members from patronizing merchants that cheat servicemembers. For legitimate and semi-legitimate businesses, the threat of being banned or probated by the base is a powerful incentive. The SJA will be able to tell you about this process. It will help if others are getting screwed too.

joat mon fucked around with this message at 04:16 on Jun 14, 2010

Solomon Grundy
Feb 10, 2007

Born on a Monday

a forbidden love posted:

Figures. Can I get a referral to a competent lawyer? It seems like the JAG can't be bothered to at least find out the actual jurisdiction for me. I'm no lawyer or PR exec but wouldn't it behoove the Dodge corporation to acquiesce to my simple request instead of risk having my issue go public? I could make this very public and very bad. well thanks again.

I don't even know where to start to find you a referral. It is a very weird legal issue. If JAG won't help you, I don't know where else to turn.


Sizzlechest posted:

I'm not looking to sue for pain and suffering or any punitive damages. I just want to recover the out of pocket costs for the original $350 payment and whatever out of pocket I need to pay to get it fixed. I suspect the total for me will be way under $3,000. That's why I brought up small claims court.

I don't know the laws of your state, but in my state, it wouldn't make a difference what damages you seek, you still need a standard-of-care expert to demonstrate malpractice, and that costs thousands. So unless your state's laws are very different, I don't think it is worth it. But you never know, the dental practice may respond to your small claims complaint by offering you "nuisance value" - i.e. a few thousand - to avoid the costs of defense.

Arson
Dec 9, 2003

SPF 45 a day keeps the oncologist away.

Arson posted:



edit: :siren: I notice that the police officer cited the wrong code on the ticket. Does this change things? The code cited does not exist. I know some errors in tickets before have had them thrown out.

Hoping for an update on this part, if anyone has any input.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Arson posted:

the police officer cited the wrong code on the ticket. Does this change things? The code cited does not exist. I know some errors in tickets before have had them thrown out.

Hoping for an update on this part, if anyone has any input.

Were you within city limits? It could be a municipal code under which you were cited. You can use google to find the city's municipal laws. You could also try something like "south carolina [the code citation listed on the ticket]." What was the code cited on the ticket?

Is there a narrative explanation of the violation, like "failure to signal lane change" as well as a citation to a code? You seem to have a pretty good idea what you were cited for. So long as you've been given adequate notice of what you're supposed to be defending against, that'll probably be good enough. To get beyond that generic answer, you need to see an attorney who practices before that particular traffic court to get an idea what will happen.

Is merely switching to an exit lane without signaling the only thing that you did or failed to do? Surely there's something more....

cat_herder
Mar 17, 2010

BE GAY
DO CRIME


Okay. I live and work in Albuquerque, New Mexico, Bernalillo County. I'm biologically female, mentally ambiguous, and a survivor of sexual trauma and schoolyard abuse.

I work for a nationwide, Illinois-based corporation, as a wage-slave in a retail setting. I've been with this company since 2007, and by most accounts I'm doing well. I've never been promoted, however; I've been in the same position, despite being at this store since it opened in late 2008, and doing most of my immediate superior's same activities. If I don't, of course, I get in trouble for it, but I'm certainly not being paid as much as him.

Today I was called in on my day off to work a department that I rarely work in, but I needed the money so I went. My immediate superior was also working that day (we rarely see each other), and he came out to bug some of the clerks and I. At one point, he isolated me from the other employees and made a cruel, sexist remark regarding Midol and my apparent "constant(ly) using it". I was so humiliated, angry, hurt, and generally distraught that I didn't even know what to say for several seconds, but anger and fear overrode basically everything else.

What I did in return can be construed as assault, though I didn't hit him; I grabbed his shirt and told him to never say that to me again, or I'd report him for sexual harassment. He replied that he'd report me "for abuse". I went to try and apologize for my actions afterwards, and see if he'd apologize for the crude sexist remark, but he had already left for the day.

Here's my dilemma: I'm kind of used to people twisting things and telling those with authority over me to get me in trouble (it's my brother's favorite tactic). I'm afraid of this guy doing that to me, and going in Friday to find that I no longer have a job. I'm also unsure as to what will happen to me if I do report it. I want to, and I know I have a case (though there's no recording of it, so I'm afraid it'll be seen as "he said she said" and thrown out), but I'm afraid that if I do report it, he'll report me, or, if I tell the truth about everything that happened (and I probably would), I'd be reprimanded or fired on the spot.

I don't know what to do, I make less than $14k/yr and can't afford a lawyer, and I'm TERRIFIED to go into work now. What should I do? Have I completely hosed myself over? Should I just call in and quit? I'm scared and hurt and still humiliated by it all. This is the first I've recounted it without crying.

Loopyface
Mar 22, 2003

meteloides posted:

What I did in return can be construed as assault, though I didn't hit him; I grabbed his shirt and told him to never say that to me again, or I'd report him for sexual harassment.

That wouldn't be "construed" as assault, it'd most likely be classified as battery. However much he was out of line, you went way overboard when you grabbed him. If any employee ever grabbed me like that, subordinate or not, I would make it my job to get them fired. He was probably, and very likely, way out of line with his comment, but you trumped his actions.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

meteloides posted:

At one point, he isolated me from the other employees
Perhaps he was trying to be a good supervisor and "praise in public, correct in private."

meteloides posted:

and made a cruel, sexist remark regarding Midol and my apparent "constant(ly) using it".
Perhaps he was trying to euphemistically/ indirectly tell you you were being a bitch.

meteloides posted:

I was so humiliated, angry, hurt, and generally distraught that I didn't even know what to say for several seconds, but anger and fear overrode basically everything else.
and I'm TERRIFIED to go into work now. What should I do? Have I completely hosed myself over? Should I just call in and quit? I'm scared and hurt and still humiliated by it all. This is the first I've recounted it without crying.
Perhaps you need some medication and/or counseling for anger management, persecution/victimhood issues and anxiety.

Perhaps I'm being a dick.

...but that's the impression I get from your post.

Should he have said that? No. Is it legally actionable* sexual harassment? No, single instance hostile work environment claims have to be more egregious than this. Should you have grabbed him? No. Is it assault and battery? Yes.

Go to work Friday. If you don't show up, you will be fired, for not showing up. If you show up and you're fired, try to explain the situation to the next higher boss.
If fired, you'd have a much better shot at making a case of retaliation for complaining about sexual harassment than you would at making a sexual harassment case. Unfortunately, they have a very plausible reason for firing you that is not retaliation for complaining about sexual harassment; that assault and battery.

*Title VII, Civil Rights Act of 1964. Your company's internal policies on sexual harassment may be different.

quepasa18
Oct 13, 2005

JudicialRestraints posted:

Did you do more than $840 in damages? If not you are probably gonna come out ahead. Again, talk to your local lawyer, he knows Californian "Law" and I do not, but around here you can usually recover for the failure to pay the security deposit in a timely fashion.

You're in WI, aren't you (if I'm remembering correctly)? There law here is double the security deposit, but you are still liable for damages caused. So, as you suggested to the OP, if he did less than $840 in damages, he'll at least get something back.

Arson
Dec 9, 2003

SPF 45 a day keeps the oncologist away.

joat mon posted:

Were you within city limits? It could be a municipal code under which you were cited. You can use google to find the city's municipal laws. You could also try something like "south carolina [the code citation listed on the ticket]." What was the code cited on the ticket?

Is there a narrative explanation of the violation, like "failure to signal lane change" as well as a citation to a code? You seem to have a pretty good idea what you were cited for. So long as you've been given adequate notice of what you're supposed to be defending against, that'll probably be good enough. To get beyond that generic answer, you need to see an attorney who practices before that particular traffic court to get an idea what will happen.

Is merely switching to an exit lane without signaling the only thing that you did or failed to do? Surely there's something more....

I was within city limits, yes, but I was pulled over by a state trooper. In any case, I'm fairly certain it was written incorrectly because the code cited is off by a single digit. Looking at the ticket it's not just an issue of handwriting. Searching for city and state codes I get nothing. Searching for the actual violation I find the code someone else cited before and, again, the ticket is off by a single digit. There is a written explanation: "no turn signal"

According to the officer, I was pulled over for failing to use my turn signal when moving into the exit lane. As the road is unmarked there I've never thought was necessary to signal, and neither do most other people. It feels like a merge. According to the actual code, though, you must signal whenever moving side to side on a road. The officer also chided me for not using my turn signal when moving off the road. I had assumed he was chasing after someone else, and given that the exit lane is narrow and only one lane I was trying to move aside to allow him to pass. Once I realized it was me he was after I just came to a stop. He only cited me for the initial failure to signal though.

I've found a few traffic attorneys in my area. I think I'll consult them to see how ticket errors are commonly handled around here.

Busy Bee
Jul 13, 2004
If someone is getting a deferred sentence / deferred judgment for a felony and the period is two years until it goes off the record. Does that mean that that person will be a convicted felon for those two periods, or anything to do with a felony will show up on his record?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Busy Bee posted:

If someone is getting a deferred sentence / deferred judgment for a felony and the period is two years until it goes off the record. Does that mean that that person will be a convicted felon for those two periods, or anything to do with a felony will show up on his record?

Generally, a deferred sentence is where the person pleads guilty and the judge defers a finding of guilt (i.e., a conviction) and the sentence for a set period of time. If the person behaves during that time, the judge will allow him/her to withdraw his/her plea of guilty and will dismiss and expunge the case.

During the time a person is on a 2 deferred, he/she can answer the question "have you ever been convicted of a felony?" with a truthful "No." If the question is, "have you ever pled guilty to a felony," he/she will have to answer "yes."

The arrest will show up on an NCIC background check, and during the deferred period, the contents of the court file (including internet-available records) will be open to the public.

This is the way my State does it. Your mileage may vary.

beejay
Apr 7, 2002

Arson posted:

I was within city limits, yes, but I was pulled over by a state trooper. In any case, I'm fairly certain it was written incorrectly because the code cited is off by a single digit. Looking at the ticket it's not just an issue of handwriting. Searching for city and state codes I get nothing. Searching for the actual violation I find the code someone else cited before and, again, the ticket is off by a single digit. There is a written explanation: "no turn signal"

Simply said, it doesn't matter if they made a mistake on the ticket. They can fix it later. I will paste some information here from the AI resources thread on tickets. You should read the whole post if you plan on trying to fight the ticket. http://forums.somethingawful.com/showthread.php?threadid=2400008#post325053528


einTier posted:

Let’s first clear up some misconceptions, urban legends, and myths.

Number one, if the information on the ticket is wrong, then the ticket will be thrown out. Maybe. Probably not. When you’ve had over 60 tickets, just about anything that can be written down wrong has probably been written down wrong on one of those tickets. I have never had a ticket dismissed because of erroneous information. Not one time. You have to realize that a ticket is not a strict legal, binding document. It is simply an accusation. This is why they tell you that signing it isn’t a admission of guilt. The officer is simply recording the facts as he saw them, and in lieu of him taking you to jail, you’re agreeing that you are aware that he has accused you of wrong doing and that you will show up to the court to settle the matter. That’s all it is. If there’s erroneous information on it, he can certainly amend or change the ticket. He doesn’t even have to do this before it arrives in the courtroom for your trial. If you choose to go this route, and I highly, highly, highly recommend that you don’t, because it’s a gamble, this is your only shot – dispute the information in court. What you’ll need to do is get him to verify under oath the information on the ticket as true to the best of his recollection, then you will have to prove that the information on the ticket is incorrect. If it’s really an egregious error, then you might cast enough doubt on his testimony to get the ticket dismissed. If he can’t remember what color car you were driving, or what the license plate number was, or what road you were on, then maybe he was so incompetent at the time of the citation that he couldn’t reasonably be sure you were speeding. Again, it’s a gamble, and a pretty high stakes one.

Arson
Dec 9, 2003

SPF 45 a day keeps the oncologist away.

beejay posted:

Simply said, it doesn't matter if they made a mistake on the ticket. They can fix it later. I will paste some information here from the AI resources thread on tickets. You should read the whole post if you plan on trying to fight the ticket. http://forums.somethingawful.com/showthread.php?threadid=2400008#post325053528

Thanks for the information. I think I'll consult a traffic attorney and see what comes up. I appreciate everyone's feedback.

Busy Bee
Jul 13, 2004

joat mon posted:

Generally, a deferred sentence is where the person pleads guilty and the judge defers a finding of guilt (i.e., a conviction) and the sentence for a set period of time. If the person behaves during that time, the judge will allow him/her to withdraw his/her plea of guilty and will dismiss and expunge the case.

During the time a person is on a 2 deferred, he/she can answer the question "have you ever been convicted of a felony?" with a truthful "No." If the question is, "have you ever pled guilty to a felony," he/she will have to answer "yes."

The arrest will show up on an NCIC background check, and during the deferred period, the contents of the court file (including internet-available records) will be open to the public.

This is the way my State does it. Your mileage may vary.

So for the question "have you ever pled guilty to a felony" will he/she have to answer "yes" for the rest of his/her life? Or can he/she truthfully say "no" after the deferred period is over?

Also, what is their condition on traveling to other countries? I know that some countries, especially Asian countries, don't like it when felon's travel to their country. I guess since he/she is not a convicted felon, it does not matter. Do you know anything about this? Thank you.

Javid
Oct 21, 2004

:jpmf:
Before worrying about what countries will allow you to visit them, worry if you'll be allowed to leave this one during the suspended period. You may even have to get permission to leave the county/city, depending.

Runaktla
Feb 21, 2007

by Hand Knit

meteloides posted:

What I did in return can be construed as assault, though I didn't hit him; I grabbed his shirt and told him to never say that to me again, or I'd report him for sexual harassment. He replied that he'd report me "for abuse". I went to try and apologize for my actions afterwards, and see if he'd apologize for the crude sexist remark, but he had already left for the day.

While technically yours is considered an "assault and battery" all you did was grab his shirt. Say he goes through the trouble of paying for a lawyer/court costs to sue you, I'd imagine the judge would say "Um ok, you win. I award you $1.00, hope your attorney's fees were worth it."

Mdubb
Oct 12, 2008

by Fistgrrl
I have a question about a divorce my sister is about to go through. She and her husband have been considering a divorce, and for the most part decided to part amicably. However, the reason for the divorce is pretty much all his fault.

First of all, he refuses to support her. My mother and I have been doing so since he signed up for the army and was deployed. On top of any normal financial help you'd expect a husband to give his wife, the army gives him a housing allowance, which is specifically given to him to help support his household back home, and he gives her none of that. The military has rules regarding what he is doing, and failure to use your housing allowance properly can result a number of punishments, including garnishment of wages. He also refuses to allow her to live with him since he was deployed, claiming it is because of her disability(epilepsy), which he knew about well before they were married. She has received approval from doctors and the military to live with him, but he simply finds or creates more excuses every time one of his reasons is debunked. This has been going on for about 2 years.

Second, we've recently found out that he has a relationship, possibly an affair with another women, since he was deployed. We've found messages going back many months, and the woman actually posted pictures on Facebook the other day of the two of them in various sexually provocative poses.

Aside from the things listed above, she actually loses benefits she was getting before they married. Her disability check was cut in half, she lost her health insurance, etc., which is why we have had to support her. I have no idea if such a situation could result in damages or alimony paid to her if we took this to court. So mainly what I'm wondering if we should try to keep this cheap and simple, or she should lawyer up, and try to take him to the cleaners. We've pretty much gone from just wanting him gone, to wanting to see him punished.

We're currently living in Kansas, and he has been living in Texas the last two years, but has recently been redeployed to Germany. I doubt he will try to file on his end, because he likes stealing the housing allowance, and has whined about losing it if they get divorced. They have no kids, and have been married about 4 years.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Mdubb posted:

I have a question about a divorce my sister is about to go through. She and her husband have been considering a divorce, and for the most part decided to part amicably. However, the reason for the divorce is pretty much all his fault.

First of all, he refuses to support her. My mother and I have been doing so since he signed up for the army and was deployed. On top of any normal financial help you'd expect a husband to give his wife, the army gives him a housing allowance, which is specifically given to him to help support his household back home, and he gives her none of that. The military has rules regarding what he is doing, and failure to use your housing allowance properly can result a number of punishments, including garnishment of wages. He also refuses to allow her to live with him since he was deployed, claiming it is because of her disability(epilepsy), which he knew about well before they were married. She has received approval from doctors and the military to live with him, but he simply finds or creates more excuses every time one of his reasons is debunked. This has been going on for about 2 years.

Second, we've recently found out that he has a relationship, possibly an affair with another women, since he was deployed. We've found messages going back many months, and the woman actually posted pictures on Facebook the other day of the two of them in various sexually provocative poses.

Aside from the things listed above, she actually loses benefits she was getting before they married. Her disability check was cut in half, she lost her health insurance, etc., which is why we have had to support her. I have no idea if such a situation could result in damages or alimony paid to her if we took this to court. So mainly what I'm wondering if we should try to keep this cheap and simple, or she should lawyer up, and try to take him to the cleaners. We've pretty much gone from just wanting him gone, to wanting to see him punished.

We're currently living in Kansas, and he has been living in Texas the last two years, but has recently been redeployed to Germany. I doubt he will try to file on his end, because he likes stealing the housing allowance, and has whined about losing it if they get divorced. They have no kids, and have been married about 4 years.

There wasn't a question in this post.

echopapa
Jun 2, 2005

El Presidente smiles upon this thread.

Mdubb posted:

I have a question about a divorce my sister is about to go through. She and her husband have been considering a divorce, and for the most part decided to part amicably. However, the reason for the divorce is pretty much all his fault.

First of all, he refuses to support her. My mother and I have been doing so since he signed up for the army and was deployed. On top of any normal financial help you'd expect a husband to give his wife, the army gives him a housing allowance, which is specifically given to him to help support his household back home, and he gives her none of that. The military has rules regarding what he is doing, and failure to use your housing allowance properly can result a number of punishments, including garnishment of wages. He also refuses to allow her to live with him since he was deployed, claiming it is because of her disability(epilepsy), which he knew about well before they were married. She has received approval from doctors and the military to live with him, but he simply finds or creates more excuses every time one of his reasons is debunked. This has been going on for about 2 years.

Second, we've recently found out that he has a relationship, possibly an affair with another women, since he was deployed. We've found messages going back many months, and the woman actually posted pictures on Facebook the other day of the two of them in various sexually provocative poses.

Aside from the things listed above, she actually loses benefits she was getting before they married. Her disability check was cut in half, she lost her health insurance, etc., which is why we have had to support her. I have no idea if such a situation could result in damages or alimony paid to her if we took this to court. So mainly what I'm wondering if we should try to keep this cheap and simple, or she should lawyer up, and try to take him to the cleaners. We've pretty much gone from just wanting him gone, to wanting to see him punished.

We're currently living in Kansas, and he has been living in Texas the last two years, but has recently been redeployed to Germany. I doubt he will try to file on his end, because he likes stealing the housing allowance, and has whined about losing it if they get divorced. They have no kids, and have been married about 4 years.

It is difficult to start a divorce against someone who is on active duty due to the Servicemembers' Civil Relief Act.

If the guy is cheating or not sending his family support payments home, call his commanding officer. They usually get on the guy's case for that.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester
Before you do that, though, realize that you are not going to be successful attacking a servicemember for how they spend their BAH. It's not going to happen.

Nihilanth
Jan 23, 2007
I live in Missouri.
Not sure whether this is more appropriate for tcc or here, but...
I've recently been considering moving in with a pretty close friend of mine. Only problem is I know for a fact he sells weed.

If it's his name on the lease, and I live with him, would I be guilty of anything if he got busted? What if I just feign ignorance?

entris
Oct 22, 2008

by Y Kant Ozma Post

Nihilanth posted:

I live in Missouri.
Not sure whether this is more appropriate for tcc or here, but...
I've recently been considering moving in with a pretty close friend of mine. Only problem is I know for a fact he sells weed.

If it's his name on the lease, and I live with him, would I be guilty of anything if he got busted? What if I just feign ignorance?

I think that you are making a poor life choice if you move in with someone who regularly breaks the law. Someone who is willing to take that kind of risk is unlikely to respect other rules, like a lease agreement. Find somewhere else to live, at least until the federal government finally legalizes weed.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Nihilanth posted:

would I be guilty of anything if he got busted?
The way to find that out for sure will only cost a stay at jail, thousands of dollars, months out of your life, and the risk of a record that will make nearly every aspect of your future a lot suckier.

Or you could take the coward's way out and DON'T DO IT

Nihilanth posted:

What if I just feign ignorance?
I'm sure the cops will believe you, because nobody involved in a crime would feign to a police officer.

Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer

joat mon posted:

The way to find that out for sure will only cost a stay at jail, thousands of dollars, months out of your life, and the risk of a record that will make nearly every aspect of your future a lot suckier.

Or you could take the coward's way out and DON'T DO IT

I'm sure the cops will believe you, because nobody involved in a crime would feign to a police officer.

Plus that puts him at risk of lying to the police.

"Officer, I had no idea."

"Okay, I knew but I had nothing to do with it."

"Wait, my roommate told you what?"

Adbot
ADBOT LOVES YOU

sighnoceros
Mar 11, 2007
:qq: GOONS ARE MEAN :qq:
The following is a purely hypothetical situation.

If someone were fired from a job, and told it was for stealing money out of a cash register, but the company refuses to review surveillance video, how does something like that affect that person's ability to collect unemployment? Suppose the company states to the unemployment office that the person was fired for stealing, do they have to back it up with a police report or anything else or can they just lie and prevent that person from collecting? For sake of argument, let's say this takes place in Pennsylvania.

edit: not sure if this is the best place for this question, if there's a better place for it I'll post there.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply