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qxz9p posted:...assaulted by a friend... Yes, heaven forbid you do anything that prevents this national treasure from being around children. At the very least, maybe you could contractually obligate him to take an anger management course while you're at it.
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Dec 15, 2010 18:16
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baquerd posted:...and yes to your second question. Can you cite that? I don't think I've ever seen somewhere that penalizes someone for attempting to defend themselves by increasing the fine. Of course, many places try to dissuade you from it by lowering the fine.
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Dec 15, 2010 19:01
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entris posted:You should have a lawyer draft it up for you, and have your "friend" pay the lawyer fees associated with that as part of the settlement. Fortunately I'm still really good friends with my ex-girlfriend whose parents are both lawyers, so I may be able to call her and ask if her dad would type something up for me or at least refer me to someone in my area that he trusts. mboger posted:Yes, heaven forbid you do anything that prevents this national treasure from being around children. I have thought about this. Everyone who was there when this happened has suggested the same thing. qxz9p fucked around with this message at 19:42 on Dec 15, 2010 |
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Dec 15, 2010 19:39
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double post
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Dec 15, 2010 19:41
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I'm in Michigan, I was lit on xanax and got whipped. I did all the field tests good, but the girl I was with was really hosed up, so they took me in for a blood test. They gave me this piece of paper that worked as a license for 10 days. It said I had to go to court within those 10 days. I called my super expensive lawyer and he managed to get it so I didn't have to go to court within those 10 days. I think I would have lost my driving privileges anyways, but at this point I just want to get it over with. I also had a xanax in my car, which is schedule 4 so I'm not too worried. How can I get this expedited so I can get my restricted license? I know I am going to lose it for at least a month. Is it only multiple offenders who have to do that thing where they have to wait a year to go in front of a board to try to get their license back?
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Dec 15, 2010 22:40
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The Valuum posted:I'm in Michigan, I was lit on xanax and got whipped. I did all the field tests good, but the girl I was with was really hosed up, so they took me in for a blood test. They gave me this piece of paper that worked as a license for 10 days. It said I had to go to court within those 10 days. One of the general rules of this thread is that if you have a lawyer already, that's the person you should direct your questions to. Also, don't admit to poo poo online like having a Xanax in your car illegally.
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Dec 15, 2010 22:43
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Why didn't you ask your lawyer all these questions?
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Dec 15, 2010 22:43
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eviljelly posted:Why didn't you ask your lawyer all these questions? Because his lawyer is "super expensive" and the Internet is free.
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Dec 15, 2010 23:35
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ChubbyEmoBabe posted:Can you cite that? I don't think I've ever seen somewhere that penalizes someone for attempting to defend themselves by increasing the fine. There probably isn't a cite because penalizing someone for asserting his/her right to trial/due process is illegal. On the other hand is reality. You will be punished for asserting your rights; how much depends on where you are. Here, motions to suppress are an acceptable impediment to judicial efficiency, but asserting your right to trial is not. If you plead, your sentences run concurrently; if you go to trial, they'll run consecutively. ... Valuum, you winner you, unless your super expensive lawyer is an actual expert in Michigan Secretary of State driver's license administrative policies/procedures you need to find a lawyer who is.
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Dec 15, 2010 23:47
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ratbert90 posted:I have a question that hopefully some of you may have come across. In Idaho, you must show a substantial, material, and permanent change in circumstances to modify custody. I can give you a referral for a Treasure Valley lawyer.
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Dec 16, 2010 00:05
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joat mon posted:There probably isn't a cite because penalizing someone for asserting his/her right to trial/due process is illegal. But we were talking about speeding tickets. I have never heard of a traffic court that raises the listed fine for any reason. It's a pretty common misconception people have about traffic court.
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Dec 16, 2010 00:31
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ChubbyEmoBabe posted:But we were talking about speeding tickets. I have never heard of a traffic court that raises the listed fine for any reason. It's a pretty common misconception people have about traffic court. Actually, his second question wasn't about increasing his potential punishment. Reread it.
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Dec 16, 2010 02:35
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ChubbyEmoBabe posted:But we were talking about speeding tickets. I have never heard of a traffic court that raises the listed fine for any reason. It's a pretty common misconception people have about traffic court. They might not raise the listed fine, but if you decide to fight, you're probably going to have to pay more court costs. While the distinction is important from a legal standpoint, it doesn't matter all that much if you're a person trying to figure out whether you want fight a ticket. If you fight and lose, you lose more money than if you just paid up to begin with.
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Dec 16, 2010 02:52
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Incredulous Red posted:Actually, his second question wasn't about increasing his potential punishment. Reread it. ABombInABowl posted:- I don't really have any defense, could I just be up front and try and plea bargain down to a parking ticket violation. (My only other speeding ticket was 9 years ago) Yea, this is actually the question I'm most concerned about. As for higher court fees, that's fine as I'm willing to chalk it up as a learning experience.
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Dec 16, 2010 06:48
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Space Gopher posted:They might not raise the listed fine, but if you decide to fight, you're probably going to have to pay more court costs. While the distinction is important from a legal standpoint, it doesn't matter all that much if you're a person trying to figure out whether you want fight a ticket. If you fight and lose, you lose more money than if you just paid up to begin with. Exactly, his overall "fine" from his perspective is (odds-wise) overwhelmingly going to increased by fighting it for no good reason if the cop does show up. And no, you are likely not going to be able to plead it down. If the cop shows, he may still have personal notes regarding the nature of the incident and he will be pissed if so. In smaller communities as a practical matter, pissing off a cop is a Bad Idea. baquerd fucked around with this message at 09:15 on Dec 16, 2010 |
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Dec 16, 2010 09:12
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The company I work for in NY is starting to impose strict drug testing guidelines that includes oral swabs taken by a "Trained" HR employee. (By trained I mean watch a video and take a multiple choice exam). Is there any recourse to refuse the swabs and specifically ask for a piss test at a qualified test facility like Quest? Also, along with the drug testing policies, they are now asking us for our SSN's and driver license numbers to start pulling credit and driving history. What type of recourse is there if a bad driving record or bad credit score causes them to terminate me? I know HR is saying that isn't why they are pulling the information, but it makes no sense why a company I am already employed by would want to pull my credit history. (note I am in IT, not driving around or in any financial type of position). Thanks!
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Dec 16, 2010 10:40
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zero0ne posted:The company I work for in NY is starting to impose strict drug testing guidelines that includes oral swabs taken by a "Trained" HR employee. (By trained I mean watch a video and take a multiple choice exam). No recourse for drug testing except to try to work it out with them, it's not an illegal qualification for employment and they are free to implement it how they choose. How did you not already give them your SSN? That's required for tax reporting purposes. Could your job potentially involve driving? It doesn't make sense they would want this information unless it could or perhaps for health insurance purposes to negotiate group packages. Depending on your location, you may have no recourse if they fire you due to credit score or driving record, as long as the policy is non-discriminatory towards the protected classes of people.
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Dec 16, 2010 11:03
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Thanks for the quick info baquerd. Now if they decided to fire someone after a credit check or driving record, would they be able to successfully deny you unemployment? I just don't get how companies can use that as a factor in the hiring process... I mean if you have bad credit and are looking for a job, that job is going to help you increase your credit rating, usually. Also, it is update NY (not NYC)
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Dec 16, 2010 15:22
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ABombInABowl posted:Yea, this is actually the question I'm most concerned about. As for higher court fees, that's fine as I'm willing to chalk it up as a learning experience. I figured it was. I have yet to see a place where they increase the fine for an unsuccessful defense. I have *heard* of them adding on court costs and also have *heard* of the judge adjusting the ticket upward from the testimony of the officer that he wrote down the infraction. I've yet to see this cited anywhere. Again, what I have seen is a reduced fine (removal of "court costs" or other wording) for just paying the ticket (or whatever deferred type thing they have) but never an actual increase of the fine or court costs.
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Dec 16, 2010 19:58
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ChubbyEmoBabe posted:I figured it was. I have yet to see a place where they increase the fine for an unsuccessful defense. Well you won't get a decrease in fine as credit for a guilty plea so in relative terms your penalty will always go up for an unsuccessful defense.
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Dec 16, 2010 20:03
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Alchenar posted:Well you won't get a decrease in fine as credit for a guilty plea In my jurisdiction you can, for minor traffic offenses. In Hennepin County, Minnesota, they have hearing officers you can go talk to. Almost everyone who takes the time to do this gets a deal.
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Dec 16, 2010 20:09
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eviljelly posted:In my jurisdiction you can, for minor traffic offenses. Ah, no, I phrased it badly, that's what I meant in context of what he said.
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Dec 16, 2010 20:15
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ABombInABowl: Regardless of what is possible or probable elsewhere, I have seen absolutely nothing that indicates a traffic court in california will add on to the original fine (the one you would have paid if you plead guilty at arraignment) should you be found guilty.
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Dec 16, 2010 20:27
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joat mon posted:There probably isn't a cite because penalizing someone for asserting his/her right to trial/due process is illegal. You don't have to be a jerk. The lawyer is an excellent drug lawyer and the best in Mid-Michigan. Sorry I was worried and thought I would ask a question in the legal question thread.
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Dec 17, 2010 03:00
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The Valuum posted:You don't have to be a jerk. The lawyer is an excellent drug lawyer and the best in Mid-Michigan. Sorry I was worried and thought I would ask a question in the legal question thread. But we do have to be jerks. It is in our nature. Because we are *lawyers*... Incidentally, in my midwestern state, if you contest a ticket and lose, you will pay a lot more. Cheers!
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Dec 17, 2010 03:06
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eviljelly posted:In Hennepin County, Minnesota, they have hearing officers you can go talk to. Almost everyone who takes the time to do this gets a deal. This means you can demand a real judge (they won't offer it, but you can) and the reasonable doubt standard. The city will have to put up a real lawyer to try the case. People actually win traffic court cases in MN. They will give away the farm in Hennepin (well, at least the Minneapolis court) and to a lesser extent Ramsey. The suburbs are less generous. Don't settle for less than a continuance without plea or stay of adjudication in Minneapolis or St. Paul for a "normal" traffic ticket.
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Dec 17, 2010 03:21
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Solomon Grundy posted:Incidentally, in my midwestern state, if you contest a ticket and lose, you will pay a lot more. Cheers! Not true in California, but with a fixit ticket your fine is severely reduced if you fix the issue and have the CHP inspect it and sign off on your ticket. Plus then you don't have to pay court costs. Otherwise, with general traffic infractions, you lose nothing by contesting, and in fact you should contest.
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Dec 17, 2010 04:17
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I rented a space in a parking lot in September. Very low-key deal -- I gave the lady a check, she gave me a sticker, no contract signed. She told me that my check paid for the month of September, and if I wanted to renew I'd have to send a new check. If I didn't send a new check, she'd assume I wasn't renewing and give the spot to someone else. I never renewed and I stopped using the lot in September. Today I get a letter, which basically said: "You haven't payed for these past three months, and you have to notify us in writing if you're canceling. So you owe us $280." I'm going to call her tomorrow in an attempt to straighten this out. But if she refuses to see reason, is this even worth lawyering up? I'm in Pittsburgh PA if it's relevant, thanks in advance 
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Dec 17, 2010 05:36
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No written contract means your word vs hers, and I doubt anyone will believe that a verbal contract would include a term that cancellation should be in writing when the contract itself isn't important enough to be in writing. It probably isn't worth lawyering up.
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Dec 17, 2010 16:16
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In michigan can doctors give out information on when you had appointments outside of being subpoenaed?
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Dec 17, 2010 17:14
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wigtrade.cc posted:In michigan can doctors give out information on when you had appointments outside of being subpoenaed? Not a lawyer, but HIPAA trained. Information is at the federal level. If it falls under the three areas of Payment, Treatment or Operations, then yes. Otherwise, no. Examples: If you are referred to a specialist for a toe problem, the specialist can obtain information about previous visits for the same problem from your other doctors. Insurance companies can obtain information about your visits so that they can pay out your claims. If your mom calls your doctor and asks if you've been there recently (and you are over the age of 18, and she is not the person paying for your treatment), then no they can not release that information. If you think your privacy rights have been violated, information on filing a complaint is here: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html Punishment for violating your privacy rights is pretty limited and in most cases, if your information was shared inappropriately, the only thing that would happen would be that the person who released the information would be reprimanded/fired or the clinic/company would be fined a nominal amount. It would take releasing information on a hugely negligent and significant scale to see any significant fines from HHS. Edit: I should also add that some information can be released with implied consent in emergency situations. For example, if you are unconscious because you were in a car accident, then it is implied that doctors can contact your next of kin/provide basic updates. There's a lot of "let's just use common sense" involved in privacy rights and release of information. vanessa fucked around with this message at 18:30 on Dec 17, 2010 |
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Dec 17, 2010 18:27
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Solomon Grundy posted:... I'm genuinely interested in hearing more about this. Like I have said, I have seen/heard people say this but it's usually hearsay. If there's actually somewhere that does this I will stop telling people it's pretty much their duty to defend themselves against absurd traffic fines. chinchilla posted:I rented a space in a parking lot in September. Very low-key deal -- I gave the lady a check, she gave me a sticker, no contract signed. She told me that my check paid for the month of September, and if I wanted to renew I'd have to send a new check. If I didn't send a new check, she'd assume I wasn't renewing and give the spot to someone else. I never renewed and I stopped using the lot in September. Is the letter from the person you wrote the check to or a collection agency/lawyer? Either way, familiarize yourself with your and everyone elses best friend and first line of defense against bullshit: http://www.creditinfocenter.com/legal/FDCPA.shtml#809 They have a sample letter but I am not saying it is what you should use: http://www.creditinfocenter.com/forms/sampleletter9.shtml Both times I have sent a letter which simply cited the law and asked for the information the law requires I never heard from the agency/person again.
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Dec 17, 2010 19:20
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The Valuum posted:The lawyer is an excellent drug lawyer and the best in Mid-Michigan. The best in Mid-Michigan? I can certainly name a few people who'd be likely to consider themselves "the best," though it's a decidedly subjective field. Great big internet, small small world.
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Dec 17, 2010 21:59
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Alaemon posted:The best in Mid-Michigan? I can certainly name a few people who'd be likely to consider themselves "the best," though it's a decidedly subjective field. I'm trying to figure out who this is too.
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Dec 18, 2010 00:36
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Feces Starship posted:I'm trying to figure out who this is too. I'm not taking a stance as to where they fall on the "best" criteria, but my brain immediately went to a couple of attorneys I know who are really working the medical marijuana field -- I think both are a little more down the Wayne County-ish way to qualify. They've both appeared in front of my judge, though, so they've at least been in the area.
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Dec 18, 2010 00:54
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ChubbyEmoBabe posted:ABombInABowl: Regardless of what is possible or probable elsewhere, I have seen absolutely nothing that indicates a traffic court in california will add on to the original fine (the one you would have paid if you plead guilty at arraignment) should you be found guilty. Indeed this was the case. My cop did show up (in fact, he had an entire courtroom assigned to his cases; 9+ people  ) and I lost. I was denied any possibility to plea bargain but I only have to pay the same fine that I would have had to in the first place and I was still given the opportunity to go to traffic school to erase the points. So after all of this, I was only out my time, and ended up paying the same amount I would have had to paid in the first place.Seeing as how at least 50% of the officers didn't show up, it's probably worth it if you can afford to put the time into appearing in court.
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Dec 19, 2010 00:16
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ABombInABowl posted:Indeed this was the case. Next time, ask for a continuance. Most courts schedule it like that, but they will give you one continuance if you ask. For my ticket I got it changed from 2 PM on a Tuesday to 9 AM on a Thursday, and the cop didn't show.
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Dec 19, 2010 00:55
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I live in Ohio, and I've been working as a pizza delivery driver. Last Wednesday night we were hit with a heavy blizzard, and I was working day shift on Thursday. We have two new hires that I have been training, so one of them was with me that day. Despite the weather conditions (even the main roads were still covered in snow and ice, schools were closed and a Level 1 emergency was declared,) our regional manager demanded that we still make deliveries. I didn't have a problem with it - I had a clean driving record and am no stranger to winter driving. So I was trundling along with the new guy at around 25 mph when I hit a patch of black ice, and then a tree. The impact was enough to tear into my engine, but not enough to trigger the airbags. We use our own cars, so mine is currently out of commission and probably totaled. I'm fine and the new guy is fine. After the accident, our regional manager tried to coerce our store manager into driving instead, but she called him out and he then canceled deliveries for the rest of the day. The company is comping me for lost time, but my question is whether or not I can expect to make the regional manager pay me for repairs or a new vehicle. In my mind, he knowingly sent myself and the new hire into adverse conditions, which he later acknowledged were dangerous enough to cancel deliveries over. Would I be solid in that, or did I screw myself over by deciding to deliver in those conditions anyway? Again, I'm not interested in getting money from the company, just the man. I'm okay and my passenger is okay, but my car is in horrible shape. My car is also insured, and I'm not being cited, if either of those matter.
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Dec 20, 2010 08:23
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Ximum posted:I live in Ohio, and I've been working as a pizza delivery driver. Last Wednesday night we were hit with a heavy blizzard, and I was working day shift on Thursday. We have two new hires that I have been training, so one of them was with me that day. Despite the weather conditions (even the main roads were still covered in snow and ice, schools were closed and a Level 1 emergency was declared,) our regional manager demanded that we still make deliveries. I didn't have a problem with it - I had a clean driving record and am no stranger to winter driving. So I was trundling along with the new guy at around 25 mph when I hit a patch of black ice, and then a tree. The impact was enough to tear into my engine, but not enough to trigger the airbags. There is no realistic prospect for holding a manager personally liable for a business decision under current Ohio law given the circumstances you describe. Your bigger problem may be insurance. Are you an employee, or an independent contractor? Does the pizza place have insurance for you, or are you relying on your personal policy? If you are relying on your personal policy, be aware that it very likely has a clause that disqualifies you for coverage if you were using your vehicle for a business purpose. So if you haven't mentioned to your insurance company that you were driving for business, don't volunteer that information.
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Dec 20, 2010 12:14
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Solomon Grundy posted:There is no realistic prospect for holding a manager personally liable for a business decision under current Ohio law given the circumstances you describe. Your bigger problem may be insurance. Are you an employee, or an independent contractor? Does the pizza place have insurance for you, or are you relying on your personal policy? If you are relying on your personal policy, be aware that it very likely has a clause that disqualifies you for coverage if you were using your vehicle for a business purpose. So if you haven't mentioned to your insurance company that you were driving for business, don't volunteer that information. Um, maybe the US has different rules over contracts of the upmost fidelity but did you just suggest that he commit insurance fraud?
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Dec 20, 2010 16:00
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