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Don't worry I am not assuming it. It just isn't on the Orange County Clerk's website even under the FAQs so I haven't gotten an answer yet. I am scanning through the link below now which is helpful but I didnt see my answer. http://archive.flsenate.gov/data/Publications/2009/Senate/reports/interim_reports/pdf/2009-121ju.pdf
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Mar 25, 2012 07:41
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I would expect the company to offer to settle for the value of the rebate, sans filing fees or any other costs. Unless our plaintiff is prepared to see this through, it will pretty much end up a wash. Alternate, comedy answer: file in the superior court in your jurisdiction. Small claims will generally allow agents, meaning you don't need to be barred in Florida. Real court means their in-house counsel can't appear unless they are admitted in Florida, and they need to hire local assistance. Schitzo fucked around with this message at 09:31 on Mar 25, 2012 |
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Mar 25, 2012 09:27
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I just got into a 2 vehicle car accident around 3am in Atlanta (Fulton county). I was turning left from a side street onto a 3-lane street and was hit on the driver's side. The police officer issued me a citation since, because I was turning left, the other vehicle had the right of way, but I definitely turned with more than enough space; my guess is that they were either speeding or didn't have their lights on at that time (though they were on after the accident). I'm a grad student so I only have liability; as far as my car goes, I'll need to replace my windshield and the driver's side door. I fully intend to argue for my case in court, but given that I was turning left, it seems like the default position is to rule against me. Is there any chance of the court finding in my favor? 
Josh Lyman fucked around with this message at 16:42 on Mar 25, 2012 |
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Mar 25, 2012 09:49
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Someone has posted my content* on an ad-infested "joomla demo" site. Seems like an obvious attempt to circumvent copyright claims. I've prepared an email requesting it be removed, as well as an official DMCA takedown notice that I will send to their hosting company should that fail to elicit the desired response. I think I have all my bases covered? *emo-teen angst poem from +10yrs ago
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Mar 25, 2012 22:59
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Schitzo posted:I would expect the company to offer to settle for the value of the rebate, sans filing fees or any other costs. Unless our plaintiff is prepared to see this through, it will pretty much end up a wash. I would too, the question is how to get them to do it without actually having to pay the filing fee? Just send them a certified letter saying next step is a suit, here is the evidence? Re comedy option: unfortunately that'd be a two way street. I can go to the required pretrial conference as an agent for my mom with written permission.
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Mar 25, 2012 23:51
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Lord Gaga posted:I would too, the question is how to get them to do it without actually having to pay the filing fee? Just send them a certified letter saying next step is a suit, here is the evidence? I don't see much harm in sending a demand letter. One other thing to look at is whether any sort of consumer protection law applies. In my jurisdiction, for example, certain "unfair practices" can result in an automatic fine. Alternately, blow up their twitter account with your issue, if they have one. That tends to get some entry-level warm body to respond. Schitzo fucked around with this message at 06:09 on Mar 26, 2012 |
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Mar 26, 2012 06:04
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Schitzo posted:Alternately, blow up their twitter account with your issue, if they have one. That tends to get some entry-level warm body to respond. Today we faxed over the documentation to their claims review people or whatever. Getting past gatekeepers was an issue but hopefully we are beyond that. If this seems like why would you put this much effort into this...My mom is pissed. When you piss her off you should be afraid. For example very recently the small-town mayor got confrontational about her parking the the P.D. parking lot and walking next door to the hospital where she works. Boy did he slouch when she went after him about it at the city council meeting. She also got video from the police. The Chief of Police gave her a very sly thumbs up when she walked in and he just sank. Obviously the Mayor has no authority over who parks where. ...That is also the night that I learned that the Chief of Police knows my first and last name and the car I drive despite me never telling him my name when I have spoken to him. Like without seeing me he asked if she was Lord Gaga's mother when she told him her name. EDIT: Luckily he shared with her a favorable opinion. Still not sure how comfortable I am with that. Lord Gaga fucked around with this message at 06:22 on Mar 26, 2012 |
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Mar 26, 2012 06:17
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I legally advise you to begin lurking in the E/N section so you will be well-versed in how to create your inevitably necessary thread.
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Mar 27, 2012 02:39
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woozle wuzzle posted:I legally advise you to begin lurking in the E/N section so you will be well-versed in how to create your inevitably necessary thread. I already do. I loves me some first world problems and "HOW DO I BREAK UP WITH MY INTERNET FRIENDS?????!!" threads. Honestly, I respect her for her I won't be pushed around attitude.
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Mar 27, 2012 02:46
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e: my bad, stupid post. not sure what came over me.
entris fucked around with this message at 04:51 on Mar 27, 2012 |
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Mar 27, 2012 02:47
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Redacted.
Lord Gaga fucked around with this message at 16:21 on Mar 27, 2012 |
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Mar 27, 2012 03:11
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Lord Gaga posted:Did you honestly expect anything positive to come from something phrased in such a smug way? No offense but here's an insult phrased as a rhetorical question. Also you missed the point. He's just saying his mother gets determined when slighted. Also- here's the chip that was on your shoulder, you don't really have to put it back there.
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Mar 27, 2012 03:13
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entris posted:e: my bad, stupid post. not sure what came over me. I'm not sure how being snarky in reply to gratuitous stories about his mother is unwarranted. He's already spent much more time with much worse results than if he had just written a series of angry tweets on their wall, as someone already suggested.
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Mar 27, 2012 12:49
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blah_blah posted:I'm not sure how being snarky in reply to gratuitous stories about his mother is unwarranted. Yeah I dunno, I don't think us lawgoons should be snarky in this thread unless the person posting is doing the "Well, I don't like your (non)opinion about my legal issue, so I'm going to argue with you even though I don't know anything about the law" thing.
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Mar 27, 2012 14:57
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Josh Lyman posted:I just got into a 2 vehicle car accident around 3am in Atlanta (Fulton county). I was turning left from a side street onto a 3-lane street and was hit on the driver's side. The police officer issued me a citation since, because I was turning left, the other vehicle had the right of way, but I definitely turned with more than enough space; my guess is that they were either speeding or didn't have their lights on at that time (though they were on after the accident). IANAL but if you were in his lane of travel, it doesn't really matter what he did, especially because the likelyhood of you proving it is close to zero. If you don't have witnesses or documented proof, video, pictures etc, that he was speeding or had his lights off, why would a judge take your word for it? The known facts are: you entered another vehicles lane of travel. That vehicle struck yours. Baring proof of something else, your car was in another vehicles lane, which caused that vehicle to strike yours.
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Mar 27, 2012 15:32
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blah_blah posted:I'm not sure how being snarky in reply to gratuitous stories about his mother is unwarranted. One. I wrote one anecdote. Sorry if you did not find it humorous. I promise not to post a second unless it is required. Extra effort or not I enjoy learning about the law and I think knowing the process and rules of small claims court is important and useful.
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Mar 27, 2012 16:24
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jassi007 posted:IANAL but if you were in his lane of travel, it doesn't really matter what he did, especially because the likelyhood of you proving it is close to zero. If you don't have witnesses or documented proof, video, pictures etc, that he was speeding or had his lights off, why would a judge take your word for it?
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Mar 27, 2012 18:40
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Josh Lyman posted:he actually swerved out of his lane into me  Do you mean he was already merging into the lane, or that you have some sort of notion that he actually swerved out of his then-current trajectory and into your vehicle? Would this be him turning his vehicle in the opposite direction from the direction your vehicle originated? For example, if you were turning left across a road, you would have gone from his right-to-left; thus, he swerved to the left to avoid the just-appearing vehicle on his right.
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Mar 27, 2012 18:48
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Green Crayons posted:
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Mar 27, 2012 19:36
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I'm not sure if this is a state by state law, but in the state of Ohio can you get a marked lane violation if there are no lines on the road whether it be center or shoulder?
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Mar 27, 2012 23:41
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Josh Lyman posted:Your last paragraph describes what he might have been trying to do, but based on the point of impact and the location of our cars at impact, I was nearly across his lane and had he simply stayed in his lane, there very likely may have been no collision. It doesn't matter since you were crossing into his lane of travel unsafely.
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Mar 28, 2012 00:56
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hello internet posted:I'm not sure if this is a state by state law, but in the state of Ohio can you get a marked lane violation if there are no lines on the road whether it be center or shoulder? Even given such little detail, probably. Ohio Revised Code Section 4511.25 posted:(A) Upon all roadways of sufficient width, a vehicle or trackless trolley shall be driven upon the right half of the roadway
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Mar 28, 2012 01:54
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Josh Lyman posted:I do have pictures of the accident site showing that the other driver made no effort to brake (no tire marks) and he actually swerved out of his lane into me, but again, I'm skeptical that will matter. This would matter for insurance purposes, but probably not for trying to get out of the ticket.
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Mar 28, 2012 03:08
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CDG posted:This would matter for insurance purposes, but probably not for trying to get out of the ticket.
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Mar 28, 2012 03:10
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IANAL but "Sure I pulled out in front of him but I probably could have made it if he had slammed on his brakes harder" might get you laughed out of court. Accidents happen and it sucks that his split-second reaction didn't turn out to be the right one but that doesn't make the accident his fault.
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Mar 28, 2012 03:53
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Josh Lyman posted:So... I'm going to have to go to court to pay a ticket for "failure to yield"? I didn't even know that was a ticketable offense. IANAL, and don't know the exact definition in Georgia, but you can get a ticket for it. If you have a pretty clean driving record you can try to plead it down when you go to court, but it really is up to the court. Given the facts stated, I'd say you were legally in the wrong regardless of the actions of the other party. As far as liability, you'd have a pretty good chance of arguing that the other parties negligence was the majority.
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Mar 28, 2012 03:54
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CDG posted:IANAL, and don't know the exact definition in Georgia, but you can get a ticket for it. If you have a pretty clean driving record you can try to plead it down when you go to court, but it really is up to the court. Given the facts stated, I'd say you were legally in the wrong regardless of the actions of the other party. As a person who used to work as a claim adjustor, he might have a chance to argue that the other party had some negligence, but since he had to yield the right of way, and clearly did not, the majority of the negligence is on him. In GA, they have modified comparative negligence, which means you can recover from the other party the percent of your damages that were their fault, unless you were 50% or more at fault. The poster was almost certainly 50% or more at fault, so he isn't going to get anything back from the other party.
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Mar 28, 2012 04:10
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IANAL, I am not your lawyer, and I don't know poo poo about the state you're in. But if you're just trying to get a lower ticket from the court, don't go to the court and explain about how the other person is at half fault when you already have a ticket, the other person doesn't have a ticket, and you don't have a case about how the person is at half fault. Go in, explain to the judge that you generally drive carefully, you don't get into accidents, you obey speed limits, and you always use your turn signal. This one instance was an aberration from your usual impeccable driving because [insert truthful reason here]. You are exceptionally sorry, you misjudged the situation, and you are thankful that nobody got hurt. You are exceptionally sorry about inconveniencing the other guy. You are a man of modest means, and you ask that the court take leniency on you because of everything you just said. Traffic court judges will have heard the whole spiel before, but they are generally more receptive to that than someone who wants to blame the other guy who didn't get a ticket.
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Mar 28, 2012 04:15
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Josh Lyman posted:I just got into a 2 vehicle car accident around 3am in Atlanta (Fulton county). I was turning left from a side street onto a 3-lane street and was hit on the driver's side. The police officer issued me a citation since, because I was turning left, the other vehicle had the right of way, but I definitely turned with more than enough space; my guess is that they were either speeding or didn't have their lights on at that time (though they were on after the accident). What's your driving record like? In GA there's a plea called "no lo contendre" (called nolo, just meaning I don't contest it) where you essentially get a freebie every 5 years if you've got a clean record, and you take driving school. You get no points or record, other than the fact you took that plea for the 5 year timer. If you're pretty clean and have that available, it's the thing to do. (pretty sure it's 5, I don't pracitice in GA but got a ticket there, hehe) You have to pay the court costs and do the driving school, but that's it.
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Mar 28, 2012 06:30
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Green Crayons posted:But if you're just trying to get a lower ticket from the court woozle wuzzle posted:What's your driving record like? For what it's worth, my license and registration are in Ohio (since I'm a student in Georgia). My general position on the situation is that even though I don't feel like it was "my fault" and even though it was a genuine accident (i.e. there was no mistake that I would go back and do differently), someone is going to be legally liable and that someone is likely me. Josh Lyman fucked around with this message at 10:57 on Mar 28, 2012 |
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Mar 28, 2012 10:51
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joat mon posted:Even given such little detail, probably. I "went onto the line" by "three inches" on a road without lines making a turn in the middle of the night on a low traffic street. The cop even said I immediately straightened it out but still decided to be a prick about it.
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Mar 28, 2012 15:28
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hello internet posted:I "went onto the line" by "three inches" on a road without lines making a turn in the middle of the night on a low traffic street. The cop even said I immediately straightened it out but still decided to be a prick about it. Gooogle the statute, google scholar the statute to see if any rulings apply to you, read the rules of traffic court, put on a suit, go to court.
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Mar 28, 2012 15:32
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Josh Lyman posted:I'm still a little fuzzy on this. Since it's unlikely I can change any sort of legal judgement, why do I have to go to court? Can't I just pay some fine and be done with it, like a speeding or parking ticket? It depends. Read the citation the officer gave you. Does it say you need to show up? Does it say you can show up if you choose to? That's what's going to answer your question. If, like a traffic ticket, it says that you have the option to pay a fine and be done with it, you might still have the option to show up in court. That's what we're referring to when we say you might have an opportunity to get a lower/lesser ticket or offense. If you are respectful, remorseful, and explain things to the judge, he or she has the power to change the citation to something less severe. That does not always happen, see the above posters' comments for advice on handling that situation. If, instead, it's a more serious citation, you might have no choice but to appear and you cannot solve things with a simple check in the mail. I do not know much about how those work. Josh Lyman posted:My general position on the situation is that even though I don't feel like it was "my fault" and even though it was a genuine accident (i.e. there was no mistake that I would go back and do differently), someone is going to be legally liable and that someone is likely me. Okay. We need to talk about this. There are two types of "legally liable" that apply here: criminal and civil. The citation by the police officer falls under the criminal heading. From the cop's perspective, it was "your fault." You turned from a side street onto a major road, entered someone else's right of way and caused a traffic accident. Full stop. They might have been speeding, doesn't matter. They might have had their lights off, doesn't matter. It is easily possible for both parties to receive citations, and for both parties to be criminally at fault. For these purposes, you made a mistake. You merged without enough room. Liability to the other driver for damage caused to their car, on the other hand, is civil. That's what we're discussing when we start talking about negligence. For these purposes, if the other driver was speeding, or had their lights off, or swerved into you, that might reduce your liability to them. In your state, if the other posters are correct (odds are they are), you're dealing with a comparative negligence standard. That means you (or they) can recover from one another the amount you were damaged, reduced by the % that you were at fault. But if you were over 50% at fault, they don't have to pay you. All of the pieces of evidence you've collected will be useful here - pictures of the accident, the fact that you were cited and not them, etc. In reality, civil liability isn't going to be something you pay, or they pay. Instead, it's something your insurance companies fight about, and you'll probably be dealing with your insurance adjuster to handle it.
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Mar 28, 2012 15:56
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Josh Lyman posted:I'm still a little fuzzy on this. Since it's unlikely I can change any sort of legal judgement, why do I have to go to court? Can't I just pay some fine and be done with it, like a speeding or parking ticket? FYI, in my experience (limited), when you go down to Fulton County Municipal Court, the Solicitor will automatically knock your charge down 1 level.
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Mar 28, 2012 16:28
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Josh Lyman posted:I'm still a little fuzzy on this. Since it's unlikely I can change any sort of legal judgement, why do I have to go to court? Can't I just pay some fine and be done with it, like a speeding or parking ticket? They don't give tickets for "hit some dude", the ticketed offense is for the cause of an accident. Failure to yield means that you pulled out into traffic when you shouldn't have (not enough room, road conditions were unsafe, etc) and caused an accident. If you were tailgating someone and they suddenly stopped and you rear-ended them, you'd be cited for Following too Closely, not "rear-ended other vehicle". But as others have said, if you go down to Fulton County court, you'll probably have better results on the ticket. I had an accident on I-75 2 years ago and they dismissed the ticket entirely. I'm not 100% sure why (I thought it better not to ask), but I have a pretty stellar driving record. Yours is worse than mine, based on what you've said, but maybe you'll get lucky. If you dress nice, speak clearly and succinctly, and don't make excuses you'll look better than 95% of the other defendants and should do fine.
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Mar 28, 2012 17:04
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Thanks everyone for your words. They make me feel more at ease about my situation (unfortunate as it may be). I guess I'll go down to the Fulton County court and say something along the lines of Green Crayons posted:Go in, explain to the judge that you generally drive carefully, you don't get into accidents, you obey speed limits, and you always use your turn signal. This one instance was an aberration from your usual impeccable driving because [insert truthful reason here]. You are exceptionally sorry, you misjudged the situation, and you are thankful that nobody got hurt. You are exceptionally sorry about inconveniencing the other guy. You are a man of modest means, and you ask that the court take leniency on you because of everything you just said.
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Mar 28, 2012 17:10
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I went to a prom at my girlfriend's school recently and they had one of those photobooths you can rent. So people hopped in behind the veil and took silly pictures and then they print out the side. Now students are being called into the principal's office, being showed their pictures of flipping off the camera with their dates, and being told to have both parents sign the picture-card that printed off and turn it into the school. Not a big deal but apparently someone is complaining that it's an invasion of privacy (ethically) and I'm curious as to whether there may be a legal argument too. After all, legal adults going to a paid event, not signing any agreement, and then being recorded in a photobooth which arguably insinuates privacy because of the veil, seems pretty sketchy. And demanding the return of the print out doesn't seem any more legitimate. My gf is a student attending an officially sanctioned event at her school (if that makes a difference legally), but I am not.
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Mar 28, 2012 21:10
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My landlady has apparently neglected to pay my water bill (it's outlined in the lease) and my water was just turned off. I live in Maryland, which defers a lot of these types of things to the counties, but I'm having a lot of problems finding what my rights and options are in this situation. I'm fairly certain that I can break the lease without penalty, but I don't know how long I would be able to remain in this apartment until I move (the earliest I could move in to another place would be the 5th). She's known about this for probably 2 months now; I'm pretty fed up. Any help would be appreciated.
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Mar 28, 2012 22:04
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Winszton posted:I went to a prom at my girlfriend's school recently and they had one of those photobooths you can rent. So people hopped in behind the veil and took silly pictures and then they print out the side.
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Mar 29, 2012 00:03
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Winszton posted:I went to a prom at my girlfriend's school recently and they had one of those photobooths you can rent. So people hopped in behind the veil and took silly pictures and then they print out the side. If you're in the US, it's just tough. That event counts as school grounds when you're on it, just like a football game. Outside of something like a bathroom stall, there's no expectation of privacy in terms of school discipline. Schools have a lot more latitude with that than the police.
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Mar 29, 2012 00:08
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