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BigHead posted:Third, you could try to convince him to continue the case until you're old enough to get a license. Once you get your license, courts are usually loathe to convict you of not having a license. Age isn't the issue (I'm 22), the primary reason that I don't have a license is because insurance costs more than I have been able to afford. The process of getting a license generally takes quite a bit of time - how do I go about having the case continued? Also, are the two incorrect dates on the ticket worth mentioning in court? And of course, thanks for the advice.
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Jan 14, 2011 05:01
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Zodijackylite posted:Also, are the two incorrect dates on the ticket worth mentioning in court? No. You broke the law, and a clerical error doesn't change that. Besides, arguing "the cop did a lovely job" doesn't get you very far with judges. But you might get some mileage out of pointing out that you were keeping a drunk off the roads.
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Jan 14, 2011 05:11
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momtartin posted:So I apologize if this isn't the right thread for this, but I didn't think it deserved it's own thread, and I didn't see one about speeding tickets before hand. Tonight I got my first speeding ticket ever tonight (I live in NC). I was doing 15 over in a 35. The cop didn't run my record or anything (it's clean except for one accident 9 years ago in Ohio), but told me I could go to court and ask for a PFJ (Prayer for Judgment). Either that or I can get an attorney (For a $171 ticket, that seems a little extreme). Can someone explain to me what the best procedure to handle this is? I obviously don't want it to hit my insurance rates, and I've got no problem just paying the fee outright and not having it hit my record. If I'm reading the various pages I've found right, in order to avoid points on your insurance, you'll need to plead it down to 10 over or less, or take the PfJ. Since you posted this 6 days ago, you've probably gotten the lawyers' solicitations, one of them might not be a bad idea if you want to save the PfJ in case you need it in the next three years. Presumably, you should be able to handle the PfJ yourself. Out of morbid curiosity, was this on Six Forks?
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Jan 14, 2011 23:55
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Booklegger posted:If I'm reading the various pages I've found right, in order to avoid points on your insurance, you'll need to plead it down to 10 over or less, or take the PfJ. Since you posted this 6 days ago, you've probably gotten the lawyers' solicitations, one of them might not be a bad idea if you want to save the PfJ in case you need it in the next three years. Presumably, you should be able to handle the PfJ yourself. I have gotten a ton of lawyer solicitations, and I'm contemplating taking that, especially if I can get this new job I interviewed for. How hard is it to get the PJC though? As for the location, you're close, it was on E. Millbrook right before Falls of Neuse.
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Jan 15, 2011 01:11
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momtartin posted:I have gotten a ton of lawyer solicitations, and I'm contemplating taking that, especially if I can get this new job I interviewed for. How hard is it to get the PJC though? I get the impression that PfJs are mind-numbingly routine, but that's based purely on how many of my friends & acquaintances over the years have gotten them, and not any actual knowledge. Dude, bottom of the hill on Millbrook is the single most famous speed trap in all of Raleigh, there's a reason no one speeds on that section of road.
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Jan 15, 2011 23:11
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I'm not sure if this is the best place to ask or what, but I'm a little confused/concerned with a recent eBay issue I've had. I sold a product (2 gb of computer RAM) on eBay, the highest bidder paid within 24 hours, and I sent the package out shortly after. Then, he contacted me recently:  when and how was the memory shipped? Sorry, got busy and forgot to forward you your info.I shipped the memory out Monday via UPS. Tracking number: 1ZAT59420395924174 If I were you, I'd get my dates straight. According to UPS the item was shipped on the 12th. That's Wednsday to most people who are able to think. If it had been shipped out onmonday, it would've been here by now. Nice going brain surgeon. I'm very sorry for the confusion. I had to work extra long hours on Monday due to an unforeseen information security incident, and the rest of the week suddenly looked like I was going to be working a lot of overtime. Had I known this the prior week, I wouldn't have had the auction end on a Sunday. To rectify this, I sent it at the Office Depot mini hub that's located at my office on Monday. As you see on the tracking page, it says "Shipped or Billed on", which to me, probably means they had trouble getting it out on time, or simply, my account wasn't debited until that day. I should have messaged you with the circumstances, that was my mistake. However, I'm not sure why the confusion you suffered from this incident merited name-calling and an overall unprofessional tone. Looking at your history, it seems like it's not just me, but that this is an ongoing issue you have with expressing your concerns to sellers. As such, I really don't feel comfortable dealing with you. I've refunded your money, and I've had UPS intercept the package. Have a very pleasant day, and again, I give you my deepest consolations for the stress I've caused. Your actions in having the package intercepted and refunding my money has bought you a law suit for fraud and the monies that your actions have now caused me to lose. I sincerely hope that you are happy with what you have brought upon yourself. It's going to prove an extreemely expensive move on your part.This conversation is verbatim. Is there anything I need to be worried about? Can he hunt me down and sue me? I'm not sure whether I should call his bullshit or whether any lawyer would ever take his case...
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Jan 17, 2011 04:18
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[IANAL] According to ebay's TOS, the auction is considered a contract, which you broke. If he does proceed, you may get in poo poo with ebay, since you did break their TOS, which states you may not "fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity". It sounds like neither of those conditions was met when you decided to crawfish on the guy because he was a prick. I doubt he will do poo poo beyond bitch at ebay, since he's suffered no meaningful damages. In the future, give people tracking info quickly, and if they're cunts, give them bad feedback afterwards.
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Jan 17, 2011 04:36
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But if, let's say, he were to claim that his business DEPENDED on these sticks of memory and somehow he lost millions of dollars from a client because they didn't get there like he was planning... would he be able to sue me for any percentage of the losses due to my negligence? Edit: Also, eBay doesn't allow us to leave bad feedback for buyers any more. The best I would have been able to do is give him positive feedback with a negative message... which would largely go unnoticed.
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Jan 17, 2011 04:41
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FreshShoez posted:But if, let's say, he were to claim that his business DEPENDED on these sticks of memory and somehow he lost millions of dollars from a client because they didn't get there like he was planning... would he be able to sue me for any percentage of the losses due to my negligence? He'd have to prove he lost millions. He doesn't sound like someone who has millions to lose. IANAL. Edit: Can't you just not leave feedback? If he's a small time ebayer, that's kind of annoying, since if you don't have so much feedback over six months or something... (Haven't used eBay a lot lately.)
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Jan 17, 2011 04:43
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FreshShoez posted:Is there anything I need to be worried about? Can he hunt me down and sue me? I'm not sure whether I should call his bullshit or whether any lawyer would ever take his case... You have very little to worry about. You did break a contract and in theory he could sue you in small claims court, but the amount he would be awarded is probably zero, and otherwise a very small number. Virtually no one in his position would bother filing; it's too much work for too little gain. So don't lose any sleep over it. Incidentally, he is basically correct that he could sue you for "the monies that your actions have now caused [him] to lose." But how much money could you have caused him to lose? Since you refunded his payment, little to nothing. Even if he does file suit, he won't get much out of you other than wasting some of your time. Fake edit: If he somehow lost millions, he would have a better claim against you, but I still think he'd be laughed out of court since RAM is readily available and he could have gotten it elsewhere with little difficulty.
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Jan 17, 2011 04:47
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FreshShoez posted:But if, let's say, he were to claim that his business DEPENDED on these sticks of memory and somehow he lost millions of dollars from a client because they didn't get there like he was planning... would he be able to sue me for any percentage of the losses due to my negligence? He'd have a duty to mitigate his losses, meaning that he should get off his rear end down to the nearest Best Buy and purchase a stick of ram. The most he could claim in damages would be the difference between the eBay price and the retail price.
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Jan 17, 2011 04:54
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Would sending him a link to the Microcenter website (there's a MicroCenter 7 miles from his house) with the exact product he ordered, only for $30 more, be a wise or unwise move? Maybe something to the effect of "To help mitigate the losses you've incurred, I've located the product you need ... etc etc"? Should I just forget about it all together? I think I should. This guy has me way too worked up.
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Jan 17, 2011 05:10
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FreshShoez posted:Would sending him a link to the Microcenter website (there's a MicroCenter 7 miles from his house) with the exact product he ordered, only for $30 more, be a wise or unwise move? Maybe something to the effect of "To help mitigate the losses you've incurred, I've located the product you need ... etc etc"? Should I just forget about it all together? I think I should. This guy has me way too worked up. If it'll help you sleep at night, go nuts, but it's not necessary to email him. I am not your lawyer, of course, and nothing here was advice.
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Jan 17, 2011 05:22
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FreshShoez posted:Would sending him a link to the Microcenter website (there's a MicroCenter 7 miles from his house) with the exact product he ordered, only for $30 more, be a wise or unwise move? Maybe something to the effect of "To help mitigate the losses you've incurred, I've located the product you need ... etc etc"? Should I just forget about it all together? I think I should. This guy has me way too worked up. Just forget about it. All that would do is rile him up some more which, while funny, cannot have positive consequences for you.
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Jan 17, 2011 06:34
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Alright. I'm forgetting about it. No more communications unless there's a lawyer involved. I get way too pissed off about people like this. I'm calm. Real calm. Gettin some gin, then I'll be calmer. Thanks for the help folks.
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Jan 17, 2011 07:55
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Booklegger posted:I get the impression that PfJs are mind-numbingly routine, but that's based purely on how many of my friends & acquaintances over the years have gotten them, and not any actual knowledge. I'm fairly new to this part of Raleigh, so I didn't know about it until it was too late,  Lesson learnt
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Jan 18, 2011 00:55
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I don't know if this is the correct place to ask but I assume this doesn't warrant a whole new thread. This is a legal drafting question: what exactly are the differences when you use the terms "shall", "will", "may", and "must" in legal documents and contracts? I'm really prone to using "shall", which I'm told recently is a bad habit akin to picking your nose and should be stopped before I hurt myself (or more importantly, clients). I had thought for the longest time that "shall" implies a legal obligation on a person in a future time sense, but I have also been told it doesn't imply a legal obligation, but neither interpretations are contradictory to each other (P = NP??? OH GOD SO CONFUSED  )
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Jan 18, 2011 04:28
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Are you an attorney?
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Jan 18, 2011 17:14
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The Saddest Rhino posted:This is a legal drafting question: what exactly are the differences when you use the terms "shall", "will", "may", and "must" in legal documents and contracts? It is good practice to try to avoid language that would present even a very small chance of confusion. Use "may" or "must." The word "shall" does usually mean the same thing as "must," but dictionaries also include alternate definitions closer to "may." http://www.merriam-webster.com/dictionary/shall The easiest solution for a drafter is just to not use "shall."
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Jan 18, 2011 17:15
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In California does breaking your lease cancel your right to a final walk through or itemized list of damages? I have been scouring the civil code and can't find anything that says this but it also seems to assume walks throughs and such are done while you still live there.
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Jan 18, 2011 17:19
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The Saddest Rhino posted:I don't know if this is the correct place to ask but I assume this doesn't warrant a whole new thread. We only spent like a week or two on drafting, and I'm sure I've scrapped my notes on the topic. Nevertheless, my recollection (mixed with personal preferences): "Shall" gets used to impose an obligation on a party. And only for that purpose. "Landlord shall keep the property in good repair." "Tenant shall shovel the sidewalk." "Shall" does not get used in any other sense. In this scheme, "Rent shall be due on..." is wrong; "Rent is due on..." is correct. In other words, my suggestion is to use "shall" only to mean "must" or "is required to" (and to consider favoring those when possible).
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Jan 18, 2011 20:25
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The meaning of "shall" changes entirely on the context of the sentence. In plain English it just indicates a future conditional, ie; on condition X there shall be condition Y. Condition Y could be a duty or a requirement or an option or anything, which is why 'shall' is a bad word to use and you should just indicate exactly what you mean.
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Jan 18, 2011 20:47
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I'm a recipient in a will trust and I think that the executor/trustee on the trust is shafting me royally. The trust has a no-contest clause, which makes me afraid to talk to a lawyer. I just want to be able to verify that I am actually being given what is listed in the will and that the executor/trustee isn't just keeping everything for themselves and giving me some money and telling me it's no contest so I'll just accept what I've been given and walk away. State is Michigan, I haven't deposited the check I've received yet (check was a personal check from a joint account of the deceased and the executor/trustee). Can I at least talk to a lawyer about this without losing what I've already received (in case the will DOES actually say I am to be given what I was given)? Better yet, is asking a lawyer to make sure that everything was distributed according to the will be considered contesting it?
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Jan 19, 2011 01:01
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Fire Storm, you can and should talk to a lawyer. No-contest clauses are enforced in Michigan (except when the contestant has probable cause), but getting legal advice is in no way contesting a will or trust. If you sue, that would be contesting. See a lawyer.
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Jan 19, 2011 01:36
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Fire Storm posted:I'm a recipient in a will trust and I think that the executor/trustee on the trust is shafting me royally. If you are a named beneficiary in the Will, or a beneficiary under trust provisions in the Will, then you likely have the right to request a copy of the will / trust agreement, and you likely have the right to request an accounting of the trust assets. If the executor or trustee is screwing around with distributions to beneficiaries, you can lawyer up and fight that - that is suing for a breach of fiduciary duty, not suing to contest the will. Suing to contest a will generally means that you are bringing suit to claim that the will itself is invalid - so don't worry about getting some generalized legal help just to find out what's in the will, that won't qualify as contesting. Questions: Who else are recipients of the trust? What is the relationship between yourself and the trustee? Has the will been probated? If so, you can probably get a copy of the will from the clerk's office where it was filed.
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Jan 19, 2011 01:49
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We have an upcoming Small Claims Court case in Washington for a car accident The backstory: The girlfriend was driving home and a driver failed to yield to her and destroyed the front of the car pretty well. She was fine and free of injury. Police came, issued tickets to the guy who hit her and her as neither had car insurance; Yeah, I know. We requested a copy of the police report to see what if any cause determination was made on it; They ticketed the guy for the accident and included the diagram and standard information. We're set for a case next month. We believe this is the primary proof we will have to rely on so; Is this admissable? It sounds like it should be. We're trying to get repair quotes as well as vehicle value post/prior to wreck; Is there a way to get these reports and not have them excluded as heresay? We sat through a few cases in court today to get an idea of what we need to prepare. So far we have: Large Photos of Damage Repair quotes Vehicle value prior/post accident quotes Towing & Inpound reciepts Transportation costs incurred post incident We're looking at the cost of the car, towing, misc transportation hardships since the accident. The car is a 1997 Cavalier with 100k on it; I know its a piece of poo poo car but its still worth something as it was in good shape prior to this incident.
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Jan 19, 2011 02:05
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eviljelly posted:Are you an attorney? Doing pupillage. Not quite there yet. Talibananas posted:It is good practice to try to avoid language that would present even a very small chance of confusion. Use "may" or "must." Alaemon posted:"Shall" gets used to impose an obligation on a party. And only for that purpose. "Landlord shall keep the property in good repair." "Tenant shall shovel the sidewalk." Alchenar posted:The meaning of "shall" changes entirely on the context of the sentence. In plain English it just indicates a future conditional, ie; on condition X there shall be condition Y. Condition Y could be a duty or a requirement or an option or anything, which is why 'shall' is a bad word to use and you should just indicate exactly what you mean. Thanks for the help, guys. I think that answers the question as to why "shall" shouldn't be used all the time, but part of my work involves amending other people's drafting. If there's obligation imposed, should I just remove all mentions of "shall" and just use "must" then? (if there isn't I'll change it to "will"?)
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Jan 19, 2011 02:48
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I recently received a speeding ticket and I've decided to fight. I really don't care if I loose so I've subpoenaed the Trooper who pulled me over. I found the Regulations Manual for the Washington State Patrol but I am having the hardest time finding the section that talks about when they sit by the side of the road and Tag people with radar. I just don't know what they call it.
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Jan 19, 2011 04:08
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mambo italiano posted:I recently received a speeding ticket and I've decided to fight. I really don't care if I loose so I've subpoenaed the Trooper who pulled me over. mambo italiano posted:I found the Regulations Manual for the Washington State Patrol but I am having the hardest time finding the section that talks about when they sit by the side of the road and Tag people with radar. RCW 46.61.470 posted:(1) No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A "speed trap," within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap. mambo italiano posted:I just don't know what they call it.
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Jan 19, 2011 05:27
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Thank you for the help. I do appreciate it.
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Jan 19, 2011 05:59
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mambo italiano posted:Thank you for the help. I do appreciate it. For completeness, can you let us know how it goes?
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Jan 19, 2011 07:40
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joat mon posted:By getting a subpoena for the trooper you've thrown away your only chance of winning - hoping he doesn't show up. He may want to look into the code to see what foundational documents (if any) are required for admission. In Minnesota, we needed to have a calibration record from both before and after the reading to be admitted. And yes, sometimes we didn't have it or it was flawed. There was a car that for like 2 months had the wrong Radar serial on the record sheet. Lots of dismissed tickets, but they had to go to trial to get that dismissal. Minnesota also banned using the radar in "lock" mode. --- With radar, you have a small chance. The way radar works is that it is kind of like a flashlight. It spreads outs. If you were far away enough it can capture any number of vehicles. It will display the highest speed. Laser has a much, much narrower beam. The spread over the operational distance is minimal. If it was raining you have a strong case. If he was shooting through glass, the ticket should be tossed (some cops actually do this). Here is how a speeding ticket case is supposed to go down: Officer gives his qualifications Officer says that he tested the guns calibration before the shift Officer saw you. He visually estimated you speed as [something near the listed speed] He then used his radar device which came up with [X] mph which confirmed his estimate He stopped you in a county the court has jurisdiction over (for the love of god, if he forgets to mention where he stopped you, don't have him mention it on cross because he's killed his case. Very rare, but it has happened) He IDed you. (He will point you out) You may have admitted speeding You get found guilty. Really the only place you can derail is in the middle. You probably won't beat the radar. However, note that radar is supposed to only confirm the officer's estimate. It is not supposed to be the primary evidence, the officer's estimate is (really. Many cops don't really know this, but they know the script and it is supposed to be in the script Many judges don't, only a few grizzled judges who remember the early days or radar or pedantic assholes know). You can exploit this, because he will say he estimated your speed from much further away than he could have. or the timing will be off. How far away can you estimate speed from? How far away was this car? How long does it take you to estimate speed? How long did you read the car on radar. Where was the car when you finished reading by radar? If this time doesn't add up, if he says he estimated you 500 feet away, that took 3 second and he read you for 3 seconds at which point you were 100 feet away. And your ticket is for 70 mph, you can point out that that is impossible given that 70mph is 102 ft/s. And then you can call all his estimations into question. And maybe you win. And then you still lose because traffic court is almost always a kangaroo court (I used to prosecute traffic). nm fucked around with this message at 10:40 on Jan 19, 2011 |
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Jan 19, 2011 10:26
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nm posted:
How do you make this point to the judge? Do you make a motion to dismiss after the officer is dismissed? Just curious.
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Jan 19, 2011 17:54
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charliecantsurf posted:We requested a copy of the police report to see what if any cause determination was made on it; They ticketed the guy for the accident and included the diagram and standard information. In my state, the police report is (mostly) considered hearsay, but can be used to refresh recollection. Subpoena the cop and ask him if he remembers the case. When he says "no" then ask if he prepared a report and if it would refresh his recollection. Hand him the report then ask him whatever info you found important from the report. However, he probably won't be permitted to testify as to his determination of cause or citation.
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Jan 19, 2011 18:16
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charliecantsurf posted:.... IANAL, but you sound like you are on the right path. Here's some good toilet reading that can answer a ton of the more generic questions you seem to have: http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter0-1.html Good luck and remember that embellishing or outright lying will do you no good. Character and honesty is probably as important as evidence in small claims.
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Jan 19, 2011 19:17
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joat mon posted:By getting a subpoena for the trooper you've thrown away your only chance of winning - hoping he doesn't show up. So should I ask the court to throw away the Subpoena? Originally I was trying to go with the "He was on in the shoulder" defense because I remember reading a guide that stated that Officers are required to follow all legal street laws and your not supposed to sit in a shoulder unless there is an emergency and he clearly was just trying to catch people coming around the curve. That is why I went looking for their SOP book. I'm still looking for the guide in question but its a big internet. As for my story; I was in my work truck passing a Semi truck while in an area of the road where the N. bound lane expanded to 2 lanes. the truck was going the speed limit but I decided to pass it anyway, I should have followed my gut feeling but I've had an experience where i was behind a semi and it picked up a rock and cracked my windshield. A new windshield cost my company $300 when that happened and my boss wasn't happy. By the time I passed it, I went around the bend of the curve and he tagged me right away. he was in the opposite lanes shoulder and he had to do a U-turn to come get me. Question2: does a troopers radar gun automatically react to when it senses a car or does the trooper need to pull a trigger or push a button? and it is wouldn't that be against RCW 46.61.470 ( the code quoted a few posts above?) I will definitely keep the thread updated on how this goes.
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Jan 20, 2011 04:52
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My girlfriend and I are in a lease at an apartment complex with which we've had many water problems. We still have 6 out of 12 months left of our lease and we want to get out asap. Not knowing much about the Nebraska landlord/tenant law I'm not sure what to do. Here are some pictures if they might help with determining whether or not there is a way to break the lease.    
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Jan 20, 2011 05:07
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I work as a cashier/bagger at a college town Kroger. Now, I understand wanting to schedule people more, but they're beginning to mandate students give them their school schedule. Management would like to decide what hours we are available, rather than letting us part time workers tell them our availability. It seems awfully intrusive and forceful, considering I have a life outside of Kroger and a school schedule doesn't reflect group meetings, homework, or other miscellaneous obligations. I understand that our given availabilities don't need to be followed when being scheduled and they can technically schedule us whenever they please within the constraints of the contract we signed when we were hired. My question is this: Is Kroger forcing students to give them school schedules legal? If it helps, I'm in Virginia. To be perfectly honest, I'm asking this question more to be able to say "gently caress no, that's illegal" to management than anything. I plan on mapping out everything I do and bullshitting when applicable to make my schedule reflect my current availability anyway if it's legal. I just really hate the bullshit management likes to pull here.
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Jan 20, 2011 05:46
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zabraba posted:... I understand that our given availabilities don't need to be followed when being scheduled and they can technically schedule us whenever they please within the constraints of the contract we signed when we were hired. - Kroger is not forcing you to do anything. - This "mandate" probably isn't even a condition of employment - Did it occur to you that they want to employ students and understand they have clear schedules and would like to simplify the process? To answer all of your questions: You did not sign a "contract" (of employment) when you were hired. If they don't like your attitude/smell/favorite band/favorite class/etc tomorrow they can fire you without explanation. Discrimination and/or harassment are pretty much the only laws covering non-contractual employment.
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Jan 20, 2011 06:17
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RE: Speeding tickets - I understand that some jurisdictions have allowed a person to petition for the source code/technical information of the radar gun that nailed you - as well as maintenance logs/calibration for the gun. Some jurisdictions drop a case rather than giving up the technical data, or the company which makes the gun may refuse and thereby you can point to your right to face your accuser, i.e. the radar gun and have its results thrown out as inadmissable. Totally not a lawyer, but I have read of this being successful. http://law.freeadvice.com/general_practice/traffic_law/speeding_radar.htm http://www.expertlaw.com/forums/showthread.php?t=31090&page=1 http://www.fluther.com/21047/is-a-radar-gun-a-witness-against-a-speeding-motorist-can/ http://www.aidoann.com/sanjose-ticket/0919-subpoena.html Any thoughts on that sort of strategy?
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Jan 20, 2011 07:10
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