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Drunken Lullabies posted:It's really funny seeing you guys get angry though. We're not angry, heh. Not a single one of us is emotionally invested in your success or failure. I would like to know what state you are in, though, so I can go pull your state's right-of-way rule.
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May 17, 2012 20:46
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entris posted:We're not angry, heh. Not a single one of us is emotionally invested in your success or failure. I would like to know what state you are in, though, so I can go pull your state's right-of-way rule. Id post my state but if you read through my posts in this thread it should be pretty obvious.
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May 17, 2012 21:28
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Could you post your dash cam footage here, for science?
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May 17, 2012 21:33
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Dogen posted:You can't appeal traffic tickets most places, can you? Normally you can, but the fact that you usually have to post a bond for the amount of the ticket dissuades people from trying it.
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May 17, 2012 21:35
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So I'm not sure if this is a legal question per se, but I felt like this might be a good place to try to ask. I was in a car accident in Georgia on Sunday that wasn't my fault (I was rear-ended while I was stopped at a stop light). It was my first car accident and I was really frazzled at the time, so we didn't call the cops, but I got some info of the girl who hit me (unfortunately, I missed a lot that I should've gotten too, like her license plate number). I have her name, phone number, and driver's license number, but I don't have her address, car model, or plate number. I called her insurance company the next day and they told me her policy expired and that all they could give me was a letter of denial saying she no longer has a policy with them. I've tried calling her every day since Sunday, but she never picks up, I'm near certain she's avoiding my phone calls. When I called the police, they told me I could fill out a personal report of accident, but since I didn't call 911 at the time of the accident, there's not much else I can do with the police. Do I have any options here or any chance of seeing some money from this girl to repair my car? Or did I royally screw myself by not calling 911 at the time of the accident?
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May 17, 2012 23:08
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Sauterne posted:So I'm not sure if this is a legal question per se, but I felt like this might be a good place to try to ask. I was in a car accident in Georgia on Sunday that wasn't my fault (I was rear-ended while I was stopped at a stop light). It was my first car accident and I was really frazzled at the time, so we didn't call the cops, but I got some info of the girl who hit me (unfortunately, I missed a lot that I should've gotten too, like her license plate number). I have her name, phone number, and driver's license number, but I don't have her address, car model, or plate number. Do you have uninsured motorist on your policy? If so just file the claim that way. You'll be out your deductible and your insurance company will go after the other driver if they can. If they recover anything, they'll pay you back all or part of your deductible after.
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May 17, 2012 23:53
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Insurance is the way to go. You could sue her, but it's probably a money losing proposition.
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May 18, 2012 00:08
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CDG posted:Do you have uninsured motorist on your policy? If so just file the claim that way. You'll be out your deductible and your insurance company will go after the other driver if they can. If they recover anything, they'll pay you back all or part of your deductible after. Unfortunately I only have the lowest form of insurance (I think liability and collision?). Is there anything else I might be able to do to go after the other driver? quote:Insurance is the way to go. You could sue her, but it's probably a money losing proposition. Sauterne fucked around with this message at 00:17 on May 18, 2012 |
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May 18, 2012 00:14
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It's worth calling your insurance company and asking them rather than just assuming you don't have the coverage. Uninsured motorist coverage isn't very expensive and in my state (Texas) you have to sign additional documents explicitly declining it.
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May 18, 2012 00:59
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I live in AZ. This is a 'almost happened' story, and I want to know what would have happened had I really hit a pedestrian. About noon today I was stopped at a red light; I was in the second 'go straight' lane in a downtown area. There was a large van to my left, blocking any sight, and a left-turn only lane to his left. The light turned green and the crosswalk was clear, so I stepped on the gas. Thankfully I hit the brake a few seconds later because a pedestrian jogged out in front of the other van to my left and right in front of me. She didn't look at any of the incoming traffic because she was busy waving at a bus outside the intersection to apparently wait for her. I didn't hit her and I am so insanely thankful for that. But if I had, the fault would entirely fall on me, right, because I am in a vehicle, and even if I could somehow prove she ran across a crosswalk in front of other traffic on a No-Enter-the-Crosswalk red light, if I could prove I wasn't able to see her because the van to my left blocked my vision, it would have been my fault still?
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May 18, 2012 01:13
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Andy Dufresne posted:It's worth calling your insurance company and asking them rather than just assuming you don't have the coverage. Uninsured motorist coverage isn't very expensive and in my state (Texas) you have to sign additional documents explicitly declining it. GA is the same, uninsured motorist coverage must be declined. Double check your policy to make sure. Other than that small claims court, but if the damage isn't too expensive, its probably better to just let it go.
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May 18, 2012 01:40
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Cowslips Warren posted:I didn't hit her and I am so insanely thankful for that. But if I had, the fault would entirely fall on me, right, because I am in a vehicle, and even if I could somehow prove she ran across a crosswalk in front of other traffic on a No-Enter-the-Crosswalk red light, if I could prove I wasn't able to see her because the van to my left blocked my vision, it would have been my fault still? From what I've read of AZ's laws, if she entered the crosswalk from a sidewalk or island on a "don't walk" signal then she wouldn't have the right of way and you probably wouldn't be at fault. If she had entered the crosswalk legally on the "Walk" signal and was still there when your light turned green, she still has the right of way provided she doesn't "loiter or unduly delay crossing the roadway." It'd probably come down to whose story the cop believes regarding the crosswalk signal, and whether there were any witnesses who saw the pedestrian enter the crosswalk on a "Don't Walk" signal. I don't think arguing that the van blocked your vision would help any; it might actually hurt, since it's still your responsibility to exercise due care to avoid squishing pedestrians and one could argue that suddenly accelerating through a crosswalk despite not being able to see if a pedestrian is approaching is not exercising due care.
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May 19, 2012 14:22
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I'm Spanish and here health related laws usually affect the country as a whole , not as a single state , so there goes my questions . With the current trend of aborting / birth laws in the USA , most states are actively trying to outlaw it in some way ? Most of the laws that have been passed ( like the one in TX about hearing the fetus before aborting ) make a difference between an at-will abortion , an abortion because of the health status of the fetus ( IE , it's gonna be  , so you can abort ) , and an abortion related to a rape ?
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May 19, 2012 15:15
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MrKonarski posted:With the current trend of aborting / birth laws in the USA , most states are actively trying to outlaw it in some way ? MrKonarski posted:Most of the laws that have been passed ( like the one in TX about hearing the fetus before aborting ) make a difference between an at-will abortion , an abortion because of the health status of the fetus ( IE , it's gonna be For example, the Texas law does not require that the doctor explain the sonogram images to the woman if she is getting an abortion because of rape or incest or because the fetus has 'an irreversible medical condition or abnormality." Oklahoma's newest attempt at a law like this (the previous one was struck down as unconstitutional) does not have a forced explanation requirement like Texas does; all it requires is that the doctor offer to let the woman hear the heartbeat.
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May 19, 2012 16:41
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Thank you , Of those 17 you spoke about , you'd say they'll also outlaw the abortion in rape cases or malformations ?
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May 19, 2012 16:44
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dennyk posted:I don't think arguing that the van blocked your vision would help any; it might actually hurt, since it's still your responsibility to exercise due care to avoid squishing pedestrians and one could argue that suddenly accelerating through a crosswalk despite not being able to see if a pedestrian is approaching is not exercising due care. Yeah, I think this is the key thing. People always try to argue extenuating circumstances in stuff like this...but it doesn't matter. The fact remains that it was possible to ease out until you could see around the van. That you (hypothetically) didn't do this is your fault.
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May 19, 2012 16:46
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MrKonarski posted:Thank you , Of those 17 you spoke about , you'd say they'll also outlaw the abortion in rape cases or malformations ?
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May 19, 2012 19:30
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I live in Massachusetts. I lost my job delivering pizzas about a month ago because I got in an accident. I applied for unemployment and they gave it to me because the accident, by it's very nature, was not deliberate. So now my ex-employer has appealed this and I guess I'm wondering if there's any reason this could not go my way? The appeal notice says: quote:The issues to be heard are whether there is substantial and credible evidence to show that the claimant left work voluntarily with good cause attributable to the employer or it's agent, or involuntarily for urgent, compelling and necessitous reasons, or by discharge for deliberate misconduct in wilful disregard of the employing unit's interest, or for the knowing violation of a reasonable and uniformly enforced policy or rule, unless the violation was the result of the employee's incompetence If I'm reading that right I should be good, but I don't know anything about this and am wondering if there's anything I'm not seeing.
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May 19, 2012 20:51
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MrKonarski posted:Thank you , Of those 17 you spoke about , you'd say they'll also outlaw the abortion in rape cases or malformations ? That will vary by state. Where I am, (Oklahoma) yes. Abortion would be legal only to "preserve the life of" the woman. e: Here's a state-by-state explanation.
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May 19, 2012 20:56
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Ill try to keep this as short as possible. About a month ago I left a Shoprite and I bought some floss picks, but had a roll of floss in my back pocket when I was leaving the store. They didn't believe me when I said I had forgot about it(I did), and I eventually just gave in and said I intended to shoplift it just so I could go home. The floss I "shoplifted" cost $1.49. I returned it to them on the spot, they wrote down my information and told me I wouldn't have any other problems. I've never shoplifted anything else in my entire life, or done any other crime. I haven't even gotten a speeding ticket etc. Today I got a letter in the mail from Glass Gardens Recovery Service in Rochelle Park NJ hitting me with a $150 punitive charge. **Here is the text of the letter they sent me** GLASS GARDENS RECOVERY SERVICE P.O. BOX 7047 ROCHELLE PARK, NJ 07662 Case # ------------ Date of this letter: May 18, 2012 Actual Damages: $0.00 Punitive Damages: $150.00 Total Damages: $0.00 Store Location: Wharton Date of Incident: 4/8/2012 RE: My name My Address My name again Our records indicate on the date and in the store listed above, you were engaged in conduct covered by N.J.S.A 2A:61C-a also N.J. Shoplifting Law Section 2-C-20-11 which allows a merchant to recover its actual damages not to exceed $500.00 in addition to punitive damages not to exceed $150.00(See copy of Law attached hereto). You will also note that his state law permits Shoprite Supermarkets to file a civil lawsuit against you to recover these damages. In order to avoid the cost and inconvenience to all concerned, ShopRite Supermarkets is willing to Accept Punitive Damages of $150.00 plus $0.00 Actual Damages, if you make payment now. Payment of $150.00 in Total Damages should be made today by MONEY ORDER or CASHIERS Check payable to Glass Gardens Recovery Service and set to: Glass Gardens Recovery Service, P.O. Box 7047, Rochelle Park, NJ 07662. With your payment, please include the case number, which is located at the top of this letter. In the event payment is not received in twenty[20] days from the above date, any lawsuit filed against you will be for the maximum allowed by law. Please note these damages are permitted by law as a civil remedy and will have no effect on criminal prosecution, if any, by law enforcement officials. **Here is the text of the law in question** State Statute New Jersey: Chapter 214, Assembly 1443 Amendments. A person who commits the offense of shoplifting...shall be liable to the merchant in a civil action in an amount equal to the following: (1) The value of the merchandise as damages, not to exceed $500, if the merchandise cannot be restored to the merchant in its original condition; (2) Additional damages, if any; arising from the invident, not to include any loss of tiem or wages incurred by the merchant in penalty payable to the merchant in an amount up to $150; and (4) if the merchant institutes suit pursuant to the act, reasonable attorney's fees and reasonable court costs. Now, it seems like I'm pretty much screwed here, but is there any way I can weasel out of this? As one could imagine, I'm not too happy about paying $150 for "shoplifting" something that costs less than two dollars. Thanks in advance for any reply. edit: I also signed something admitting my guilt on the day in question, so if this actually goes to court I'll be screwed. Peggy Hill Pussy fucked around with this message at 06:44 on May 20, 2012 |
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May 20, 2012 06:25
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"any way I can weasel out of this?" Not really because you admitted to the crime and agreed to the "punishment" via the thing you signed. Only in america can theft be 'for profit'. You may get your money back down the road if you tell a LP asshat to "gently caress off" when you have legally purchased item(s). E: Story as told it's the same sad story: "I would like to talk to a lawyer." ChubbyEmoBabe fucked around with this message at 06:53 on May 20, 2012 |
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May 20, 2012 06:50
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ChubbyEmoBabe posted:"any way I can weasel out of this?" As my reading, they're asking for the maximum damages. I'd be tempted to tell them to go to hell. I wouldn't ignore an actual lawsuit being served on you though, but this does not appear to be that. I would be shocked to see them file a suit over $150. That said, I'm certainly not a NJ attorney, and I'm certainly not your attorney. I'd recommending talking to one. edit: quote:An important consideration with respect to civil penalties is the fact that a merchant is entitled to recovery of his or her reasonable attorneys’ fees in securing the civil relief provided under N.J.S.A. 2A:61C-1. Recovery of attorneys fees is, however, conditioned upon two facts: (1) the defendant has been convicted of shoplifting; and (2) the defendant was served with a demand for payment and failed to respond or rejected the demand within 20 days of notification. nm fucked around with this message at 07:35 on May 20, 2012 |
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May 20, 2012 07:31
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^^People say LOL all the time but I seriously did when I read the edit. ... "in and said I intended to shoplift it just so I could go home" Is what I took to mean he/she signed some one of those "yes I have harmed you financially by theft from you" under duress and I'm pretty sure those hold up in court, no? Not contradicting you nm, your advice has always been solid across many forums. If they can fight that poo poo I am all ears.
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May 20, 2012 07:55
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Peggy Hill Pussy posted:I eventually just gave in and said I intended to shoplift it just so I could go home. (1) Why the gently caress would you do that, it's mind-boggling... (2) In what way were they preventing you from leaving? Purely out of curiosity I have an extra question about this for the thread: is it legal in the US for a private party to detain someone like this against their will? (I would think not... But then I remember Texas exists.) If so, for how long? Can they be physically restrained? What's to keep them from just holding a person until they give in, as was apparently Peggy's case? My brother worked for CVS for years. The policy there explicitly disallowed restraining or even touching suspected shoplifters; if a suspected shoplifter continued to walk away, they were supposed to call the police and then the police would handle it. Of course the cops rarely put much effort into it unless it was a significant theft or the perp was well known to them already, because they have better things to do. There's no chance that the cops would do anything other than laugh if the store called and asked them to track down a guy who walked out with a roll of dental floss and then gave it back.
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May 20, 2012 07:57
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Choadmaster posted:(1) Why the gently caress would you do that, it's mind-boggling... (1) People have literally be murdered because they have to confessed to crimes. Look up "duress". It's pretty much an symbolism of torture, "if you don't admit to this we will ruin your life." Lawyers exist for this very basic function of "justice". (2) According to state laws in most states you can "detain" or "citizens arrest" at will by varying crimes/situations. The problem is that you have no protection from criminal or civil prosecution. E: Why do lawyers get so much poo poo? Who started that message?
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May 20, 2012 08:20
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ChubbyEmoBabe posted:^^People say LOL all the time but I seriously did when I read the edit. That said that whole thing sounds like an admission signed under duress. Can you get out of it for $150? Unlikely.
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May 20, 2012 08:53
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Peggy Hill Pussy posted:Ill try to keep this as short as possible. About a month ago I left a Shoprite and I bought some floss picks, but had a roll of floss in my back pocket when I was leaving the store. They didn't believe me when I said I had forgot about it(I did), and I eventually just gave in and said I intended to shoplift it just so I could go home. The floss I "shoplifted" cost $1.49. I returned it to them on the spot, they wrote down my information and told me I wouldn't have any other problems. I've never shoplifted anything else in my entire life, or done any other crime. I haven't even gotten a speeding ticket etc. How long did they keep you in the store? Any physical restraint?
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May 20, 2012 12:55
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CDG posted:How long did they keep you in the store? Any physical restraint? It's embarrassing to say, and in retrospect it was extremely stupid to admit to it, but it was no more than 30 minutes. Two men were standing in the doorway, and they wouldn't move if I got up and tried to leave (I tried it). They told me if I signed off on a paper admitting my guilt I would never hear anything more about it, so I thought it would be stupid not to sign it. I've never experienced anything like this before, it was extremely humiliating for me. I've never had a run-in with the law, so excuse my extreme ignorance, but how much does it usually cost to consult an attorney in NJ, to ask them about this?
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May 20, 2012 18:21
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You can usually use a city bar association to get a referral, which guarantees something like a 30 minute consultation for $30-50.
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May 20, 2012 18:38
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Peggy Hill Pussy posted:It's embarrassing to say, and in retrospect it was extremely stupid to admit to it, but it was no more than 30 minutes. Two men were standing in the doorway, and they wouldn't move if I got up and tried to leave (I tried it). They told me if I signed off on a paper admitting my guilt I would never hear anything more about it, so I thought it would be stupid not to sign it. I've never experienced anything like this before, it was extremely humiliating for me. Don't feel bad. The positions of authority aren't light and we in general are taught at a young age to do what we are told by those who are in those positions over us. gently caress, I know it was a while ago, but at my first job an assistant manager decided to have some fun with me. He told me point-blank that he had heard me talking with a coworker and at one point I had swatted the coworker with a washrag. This was sexual harassment, said the AM, despite me protesting otherwise, and he took me to the back office to 'take a statement' from me. He and his buddy AM talked about this and gave me a sheet of paper with a cover on it, and I was ordered to sign it without being able to read what I was signing; if I didn't, they wouldn't let me leave the office. So I signed it, freaking out the entire time, and went back to work my shift. Thankfully my mom picked me up and is no idiot; she asked why I was crying and I told her. So my mom, all 230 pounds of her, went into the restaurant and asked to speak to the AM. The AM, who had never seen my mom before, came out thinking he had to console a customer angry about a lovely meal. Instead my mom explained who she was, and when he didn't seem bothered, she ordered him out of the store and into the parking lot where I was. There and only there did the AM realize I didn't take the poo poo as a joke, and he had a lot of backpedalling to do, especially since my mom reminded him that I was underage. In the end nothing happened, the entire joke was never spoken of again, and the AM was always uneasy whenever my mom stopped by to the point he gave her free meals to either placate her or continue to buy her silence on the matter. The point is that I should have known better, that I shouldn't have signed it, but when you are told you only have to sign this little thing and everything is cool, you sign it. And that is how they get you. Out of curiosity, where is the store owner/manager in all this?
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May 21, 2012 06:01
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Peggy Hill Pussy posted:It's embarrassing to say, and in retrospect it was extremely stupid to admit to it, but it was no more than 30 minutes. Two men were standing in the doorway, and they wouldn't move if I got up and tried to leave (I tried it). They told me if I signed off on a paper admitting my guilt I would never hear anything more about it, so I thought it would be stupid not to sign it. I've never experienced anything like this before, it was extremely humiliating for me. I think you COULD MAYBE (I am not your lawyer and I don't know the law in New Jersey, I'm basing this on my not particularly special knowledge of torts) make an argument for false imprisonment. It probably boils down to what your state law says about shopkeeper's privilege (ie, is 30 minutes a reasonable amount of time). Note that they haven't actually sued you yet, either. Honestly this stinks to me of a scammy way of making a quick buck. Physical restraint isn't necessary, at least as I recall, the common law test is basically "Did you feel like you could leave if you wanted to?", and the answer here is clearly no. I'm not really sure if the collection company would give a poo poo, they probably deal with things this shaky all the time, but you might be able to find a young lawyer who would help you out in your area for next to nothing. I would do it on principle and for the experience, personally. Dogen fucked around with this message at 16:59 on May 21, 2012 |
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May 21, 2012 16:39
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I live in New-Brunswick, Canada. For months now, I have been receiving business-related emails from a German company on my Gmail account. While I do not speak German, these emails all use the domain of a German company (teka.at), and they have frequently included image attachments of products that company sells, or PDF files that look very business-like, so I assume they are meant to be strictly internal. It is probably an honest mistake, as I share the same name as the employee receiving the emails, and I imagine he stupidly gave out his name with @gmail.com slapped at the end as his home email. When I try to reply in English, I receive either no replies, or replies along the line of "What are you trying to say?" or so Google Translate suggests. With the help of a friend who knows German, I sent them an email to explain the situation, but that was many weeks ago and there was no reaction that I could tell. I went on what I assume is their international site (teka.com), since everything is in English (if I go to the domain being used in the emails, it's all in German) and used the contact page to explain the situation. There was no reaction that I could tell either. I just did it a second time, at which point I decided to write this post as well. Should I be worried about anything, legal-wise?
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May 21, 2012 16:56
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No, if they send it to you on accident it's not your fault. Just don't divulge any of their trade secrets to anyone.
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May 21, 2012 17:00
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Back to my room mate drama (for reference: I rent a room in a house owned by another male). I have tried talking to him like an adult and now it's degenerating into a "clean up all the messes in the house that you have made or I'm evicting you". My understanding is that being messy isn't legal grounds for eviction, is this correct? I'm not trying to start a pissing match but I would like to know my legal rights when it comes to my landlord making nonsense threats because he doesn't like me all of a sudden.
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May 21, 2012 20:44
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cr0y posted:Back to my room mate drama (for reference: I rent a room in a house owned by another male). I have tried talking to him like an adult and now it's degenerating into a "clean up all the messes in the house that you have made or I'm evicting you". My understanding is that being messy isn't legal grounds for eviction, is this correct? I'm not trying to start a pissing match but I would like to know my legal rights when it comes to my landlord making nonsense threats because he doesn't like me all of a sudden. Well, he would have to prove to a court you had broken the lease in some way that allows him to evict you, and if he locked you out somehow without going through the eviction process it would be a big deal. If someone does that in Texas, and the landlord refuses to let the tenant back in after the tenant goes to JP court over it and wins the right to re-enter the premises, they can throw the landlord in jail. So, uh, I wouldn't worry about it. I seriously doubt that the lease says 'gosh if you make a bit of a mess you'll have to move out, so sorry'.
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May 21, 2012 21:35
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This is a pure hypothetical, based in Texas: If I secure a Federal Explosives License, can I use explosives I'm certified for in a non-job related manner? For example, as a private citizen, can I obtain a FEL, and then blow up poo poo on my private property for fun (assuming I had a decent size tract of land, not in the city)? Or can I only use those explosives in a work-related manner (construction, etc.)?
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May 21, 2012 23:37
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It depends on what a "mess" is and what the lease says. If the messes are somehow actionable under the lease and he in fact did want to evict you, keep in mind I don't know what the law of Texas is and I'm not giving you legal advice, he would probably need to make some sort of documented communication such as a certified letter asking you to stop and then document all of the poo poo you are leaving around before he really could do anything. Anyways, sounds like you are less room mates and more landlord tenant, you have rights but so does he. A normal lease will usually give the landlord several ways to default a tenant which can lead to eviction and the tenant usually has rights requiring notice before any action is taken. Probably a good idea to clean your mess, nobody wants to live with somebody else's mess. Even if you don't like him or you know he doesn't like you, at least respect the space that he is invested in, don't leave a mess just to be passive aggressive. I'm not saying spotless but everyone knows what a reasonable clean is.
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May 21, 2012 23:44
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Isn't this the same dude that bought a dog that is eating all your stuff? Why are you still living there?
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May 22, 2012 01:16
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I don't know if this completely qualifies as a legal question or if I should take it to the Ask/Tell general forums, but here it is: My girlfriend took bought a car back in 2008. He mother was the primary leinholder. A year or two down the road, she paid off the car and the title was released from the bank. The issue is that she is now looking to sell the car, but does not have the title and she is no longer in contact with her mother. Will she be able to go obtain a duplicate copy of the title? Or will they want her mother to fill out the paperwork which is not a possibility. It seems odd that she would just NOT be able to sell her car. I'm not sure exactly what she can do, or if she will just be able to obtain a duplicate title herself (she was the secondary leinholder).
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May 22, 2012 01:45
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On the off chance that someone can offer some advice, I'm gonna post this here. I work for a large company in Wisconsin, and I may get laid off this week, or later this year. If I do, I need to get a new job. As stupid as this sounds, I don't remember if I signed a non-compete agreement when I started. In any case, one idea I have for my next job is to shop my skills to one of our competitors, and here's why I think this situation might be more flexible than normal. I work on a team that services a product that doesn't actually belong to my company. The state paid us to create it years ago, it belongs to the state, and they share it with other states who ask for it, at no charge. Our competitor has their own, proprietary product, but also has at least one contract supporting a state using a derivative of our product. I'm thinking that if enough of us get cut loose, we could go to that competitor, and say "hey, hire us to lure more customers from the company that just fired us. You'd be hiring a complete team that knows the product you're already supporting better than you do, and we have contacts within the states to which you'd be trying to sell". Is this dangerous or clearly illegal?
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May 22, 2012 04:42
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