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Human Tornada posted:Somebody told me that getting caught with an open beer in one's car (in OH) is only an open container ticket and not an automatic DUI (assuming the driver isn't intoxicated). I find this hard to believe, is it true? Why would this be hard to believe? This has been the case in the two states I'm admitted in. A DUI is being too intoxicated while operating a motor vehicle not drinking while driving.
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Jun 9, 2012 23:57
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Human Tornada posted:Somebody told me that getting caught with an open beer in one's car (in OH) is only an open container ticket and not an automatic DUI (assuming the driver isn't intoxicated). I find this hard to believe, is it true? Absolutely. Think of it as drinking and driving (bad because it could potentially lead to drunk driving) and drunk driving. (which is punished more harshly because it is actually dangerous) TOC [e: Transporting an Open Container] is drinking and driving.(But because it's too hard to prove that the driver was actually drinking, the state just says, "OK, no open containers of alcohol in a car.") DUI is Driving Under the Influence (of alcohol). If the alcohol hasn't influenced you're driving, there's no DUI. (The states have taken shortcuts to proof here, too; since it can be harder to prove your driving was influenced by alcohol, they can just show that there was a certain amount of alcohol in your blood (or by another inference, breath) that is supposed to indicate an alcohol level where the average person's driving would be influenced.)
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Jun 10, 2012 00:12
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nm posted:Why would this be hard to believe? This has been the case in the two states I'm admitted in. Hard to believe because I'm only 28 and "drinking and driving" and "drunk driving" were used interchangeably growing up and it just seemed like one of those zero tolerance things. But I guess I know now.
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Jun 10, 2012 02:01
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What's the difference between a DUI and a DWI?
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Jun 10, 2012 05:05
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FrozenVent posted:What's the difference between a DUI and a DWI? One letter.
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Jun 10, 2012 05:09
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FrozenVent posted:What's the difference between a DUI and a DWI?
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Jun 10, 2012 07:02
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FrozenVent posted:What's the difference between a DUI and a DWI? The 'I', Influence or Intoxication. Intoxication is, as defined, alcohol related. 'Influence' encompasses all mind/mood altering substances. I'm pretty sure most/all state laws are defined in the DUI way even if they are titled in the DWI way.
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Jun 10, 2012 16:16
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ChubbyEmoBabe posted:The 'I', Influence or Intoxication. Intoxication is, as defined, alcohol related. 'Influence' encompasses all mind/mood altering substances. Not in my State. It's OVWI, Operating a Vehicle while Intoxicated, and intoxication is defined as an impairment of thought and action caused by use of alcohol or a controlled substance. Same thing with PI. The intoxication can be caused by alcohol or a controlled substance. Also, Black's 9th Ed. defines intoxication as "[a] diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption".
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Jun 10, 2012 16:38
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Intoxicated is generally associated with alcohol, is what I was getting at. http://www.merriam-webster.com/dictionary/intoxicated ChubbyEmoBabe fucked around with this message at 19:11 on Jun 10, 2012 |
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Jun 10, 2012 19:07
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From a legal definition though, jurisdictionally dependent obviously, it tends to mean any chemical substance.
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Jun 10, 2012 19:21
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ChubbyEmoBabe posted:The 'I', Influence or Intoxication. Intoxication is, as defined, alcohol related. 'Influence' encompasses all mind/mood altering substances. I think in some jurisdictions the I in DWI is for "impaired". I have no evidence to support that however.
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Jun 11, 2012 04:02
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ChubbyEmoBabe posted:Intoxicated is generally associated with alcohol, is what I was getting at. Yeah, I mean, you're probably right in a non-legal environment. But the crimes are identical in almost all jurisdictions.
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Jun 11, 2012 04:36
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Schitzo posted:I think in some jurisdictions the I in DWI is for "impaired". I have no evidence to support that however. Not my particular area of law, but my understanding is that legislatures moved away from this due to difficulty in defining "impaired". For instance, what if you can have 10 beers and pass an FST? You can argue you aren't impaired. However if the standard was intoxicated, it becomes a simple question of "Is there X amount of intoxicating substance in your body?"
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Jun 11, 2012 12:15
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Diplomaticus posted:Not my particular area of law, but my understanding is that legislatures moved away from this due to difficulty in defining "impaired". For instance, what if you can have 10 beers and pass an FST? You can argue you aren't impaired. However if the standard was intoxicated, it becomes a simple question of "Is there X amount of intoxicating substance in your body?" However, passing a FST is tough for perfectly sober people.
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Jun 11, 2012 14:45
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I passing like not wobbling at all or what? Cause I have no nystagmus and can do the heel to toe, 10+ steps thing fine but I might wobble a bit with arms down looking straight ahead.
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Jun 11, 2012 15:20
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Lord Gaga posted:I passing like not wobbling at all or what? Cause I have no nystagmus and can do the heel to toe, 10+ steps thing fine but I might wobble a bit with arms down looking straight ahead.
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Jun 11, 2012 15:27
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This happened in suburban Cook County IL, and I am wondering if it is legal. This afternoon, one of the drivers who works for the small trucking company I work for did something stupid. He parked the truck and trailer in a parking lot of a flea market, which was a no truck parking zone. He ran across the street to pick up lunch, and in the 10 minutes he was gone someone from a local towing company took a master key for his particular truck and physically opened the truck and drove in to their impound lot. They then charged us 1400 to get it back. I know that the driver was illegally parked, that is in no doubt, but is it legal for a towing company to break in and "steal" a truck like that?
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Jun 11, 2012 20:07
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Abugadu posted:Depends, it could be viewed as a fail. That's where other factors come in; if you then get arrested, submit to a breath/blood test, and blow .00, you'd probably get the whole thing tossed. But a .19, and you might have trouble convincing a judge that a wobble isn't a fail. Not to mention that in some states driving with an unlawful blood alcohol level is a separate crime even if you aren't impaired.
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Jun 11, 2012 23:35
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Abugadu posted:Depends, it could be viewed as a fail. That's where other factors come in; if you then get arrested, submit to a breath/blood test, and blow .00, you'd probably get the whole thing tossed. But a .19, and you might have trouble convincing a judge that a wobble isn't a fail. And this is why in states that allow it you should refuse the FSTs
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Jun 11, 2012 23:40
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nm posted:And this is why in states that allow it you should refuse the FSTs One of these days I should stop being lazy and hop on Westlaw and figure out where Utah sits on that spectrum.
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Jun 12, 2012 00:08
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Arcturas posted:One of these days I should stop being lazy and hop on Google and figure out where Utah sits on that spectrum. Fixed that for you. I don't know why they keep teaching westlaw/lexis in law school. Need to learn how to search westlaw? Google it!
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Jun 12, 2012 01:09
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prussian advisor posted:Not to mention that in some states driving with an unlawful blood alcohol level is a separate crime even if you aren't impaired. True, but you usually don't get to the breath/blood test without having hosed up in some other way first.
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Jun 12, 2012 01:39
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Bugsy posted:This happened in suburban Cook County IL, and I am wondering if it is legal. Holy poo poo that's a massive fee. Is THAT legal? There must be some limit to what a tow company can charge. Out of curiosity I have a geographically related question. I passed through Chicago yesterday and the street I parked on has signs saying, in addition to various other parking restrictions, "Tow Zone - No Parking 5pm-10pm During Cubs Night Games". Is that really legal? I have no clue even what loving sport the Cubs play, much less what their schedule is (yes, I'm a terrible nerd, sorry). How can parking be restricted based on something that a driver won't necessarily have any knowledge of?
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Jun 12, 2012 05:29
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Bugsy posted:This happened in suburban Cook County IL, and I am wondering if it is legal. You could try this: https://www.icc.illinois.gov/downloads/public/mc/complaint.pdf or call the number on the form. Max rates are supposed to be $700 for a 40k pound vehicle tow plus $140 per day storage. How long did they wait to get it back? Stealing requires an "unlawful" taking. If it's done in accordance with the law, it's lawful. Pertinent: Laws Administrative regulations
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Jun 12, 2012 06:18
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Abugadu posted:True, but you usually don't get to the breath/blood test without having hosed up in some other way first. Do FSTs in Guam somehow involve coconut crabs? Because that would be spectacular
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Jun 12, 2012 09:26
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So a buddy (in NYC) was walking home (to a traditionally low income neighborhood which has seen been seeing aggressive gentrification) when a random cop stopped him and demanded to see ID (presumably because he's a scrawny white guy and looked "out of place" but again he doesn't really in 2012). He just moved last month, so the ID still had an old address on it, and the cop told him to start carrying around a piece of mail addressed to him at his current address should this sort of thing come up again. What's going on here? Is that remotely legal, or was the cop bulshitting him for [reason]? And is there a good way to handle that sort of police encounter? It sounds like they thought it's 1982 and he was trying to score.
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Jun 12, 2012 13:08
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Josh Lyman posted:I received a letter from Liberty Mutual stating that the lawyer for the driver of the other car was requesting a $15,500 settlement because "[I] received the citation for causing the crash." My policy has $25k/person and $50k/accident coverage, so presumably I'd be fine there. I plead no contest a couple weeks ago in court which, to my understanding, is not an admission of guilt from a civil suit standpoint.  . My question is whether I could end up having to pay out of pocket. My policy only has property damage coverage of $25,000 per incident, and the car in question was a Nissan Rogue. Blue Book value on a 2011 model seems to top out around $20k, so presumably I would be okay, but the 2012 MSRP can exceed $25k depending on configuration. But shouldn't the salvage value of the car (a couple thousand?) get deducted from their claim amount, putting me in the clear? 
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Jun 12, 2012 18:48
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Josh Lyman posted:The poo poo never ends: I received a letter from Hertz (the other car was a rental) a few days ago saying that they were processing a claim against me since they had to salvage the car. I was under the impression that had been handled already, but apparently they hadn't even come up with a claim total, nor did they have my insurance information I know this isn't the best advice since you're already in the situation, but it really reinforces the necessity of having an insurance policy with a person you trust on the other end. There's something to be said for being able to call someone and get an honest (whether that's good or bad) answer to your questions. I called last week with a question about rental car coverage and got an answer in about 5 minutes; my old company would have put me on hold for an hour and required nine supervisors to get an answer. IANAL, IANA insurance guy, etc.
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Jun 12, 2012 19:24
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betaraywil posted:So a buddy (in NYC) was walking home (to a traditionally low income neighborhood which has seen been seeing aggressive gentrification) when a random cop stopped him and demanded to see ID (presumably because he's a scrawny white guy and looked "out of place" but again he doesn't really in 2012). He just moved last month, so the ID still had an old address on it, and the cop told him to start carrying around a piece of mail addressed to him at his current address should this sort of thing come up again. IANAL. Here in PA they have a law about having 90-days to change your address on state ID's and was a $25 fine. There could be a similar law on the books in NY. Your buddy can do this through the DMV's site, even. Josh Lyman posted:The poo poo never ends: I received a letter from Hertz (the other car was a rental) a few days ago saying that they were processing a claim against me since they had to salvage the car. I was under the impression that had been handled already, but apparently they hadn't even come up with a claim total, nor did they have my insurance information My understanding is that insurance covers for the value of the vehicle insured, not a brand new replacement. If my Datsun got wrecked, does it sound reasonable for my insurance to give me the value of a new Nissan? Same concept.
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Jun 12, 2012 19:26
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I have a labor law question. I live and work in New York, Company A was based in NH, and Company B is based in Texas. I was hired by Company A, to work as a consultant for Company Z. I've been in this position for over 2 years now, but I'd like to change to a new company, while remaining a consultant for Company Z. However, my contract with Company A has a non-competition clause that says I can't do work for Company Z unless I'm represented by Company A. Let me post the relevant parts of the contract. I assume the agreement is to prevent Company Z from hiring me outright without paying a finders fee to Company A. quote:This Agreement entered into May, 2010, between Guy Axlerod (‘Employee’) and Company A, inc. (‘Company’). I don't know if this might change anything, since the agreement was signed:
Is this clause enforceable?
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Jun 12, 2012 23:19
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Josh Lyman posted:My question is whether I could end up having to pay out of pocket. My policy only has property damage coverage of $25,000 per incident, and the car in question was a Nissan Rogue. Blue Book value on a 2011 model seems to top out around $20k, so presumably I would be okay, but the 2012 MSRP can exceed $25k depending on configuration. But shouldn't the salvage value of the car (a couple thousand?) get deducted from their claim amount, putting me in the clear? Their payout will be what the vehicle was worth at the time, not the replacement value. Meaning, it'll be the bluebook for that actual vehicle, not the MSRP on a new one or even the used sales price. They do have to subtract the salvage value, but it's usually only a couple hundred bucks (once you factor in towing, etc, you don't usually get much for salvage). I can't tell you at all how it will work out, but that's the angle on their valuation.
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Jun 12, 2012 23:42
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IratelyBlank posted:I live in Florida and I was hit by an uninsured driver last Friday. At the time, I didn't know he was uninsured because he gave me his license and insurance card and I took pictures of both, but when I said I was calling the police to get a report he said he needed to leave and just took off. I flagged down a cop that happened to be driving by after he left and she said that I wouldn't need a police report and that I should just call the insurance companies and have them deal with it. I called his insurance company and it turns out he cancelled his policy last year and hasn't been returning calls from anyone. I also looked him up on the clerk of courts and on the DMV and his license is suspended and he has over 30 cases with the court, about 1/3 of them being domestic violence and the rest being DUI/driving on a suspended license and other traffic violations. I posted this a week or two ago. I just got hit again and it was pretty much the exact same situation at the same intersection. I was sitting at a red light and someone hit me from behind, except this time I was hit hard enough to drive me forward into the car in front of me. The guy who hit me this time has insurance and I made sure to insist we both stay until the highway patrol arrived, but the guy who I was pushed into immediately took off. My question is, it is hard to differentiate what is new damage vs old damage since I was hit in essentially the exact same place and the guy who hit me has the same insurance as the other guy had, so I have already called them and they know that one of their (previous) members was in an accident with me. Are they going to try to deny this outright and say that all the damage was already there? What should I expect when I phone them up?
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Jun 13, 2012 01:23
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woozle wuzzle posted:Their payout will be what the vehicle was worth at the time, not the replacement value. Meaning, it'll be the bluebook for that actual vehicle, not the MSRP on a new one or even the used sales price. They do have to subtract the salvage value, but it's usually only a couple hundred bucks (once you factor in towing, etc, you don't usually get much for salvage). Yes, and you should be speaking to your insurance. Also, get some real insurance. Insurance that doesn't even cover the majority of new cars (average price is like $28k) is goddamn useless. IratelyBlank posted:I posted this a week or two ago. I just got hit again and it was pretty much the exact same situation at the same intersection. I was sitting at a red light and someone hit me from behind, except this time I was hit hard enough to drive me forward into the car in front of me. The guy who hit me this time has insurance and I made sure to insist we both stay until the highway patrol arrived, but the guy who I was pushed into immediately took off. nm fucked around with this message at 02:05 on Jun 13, 2012 |
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Jun 13, 2012 01:54
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Incredulous Red posted:Do FSTs in Guam somehow involve coconut crabs? Because that would be spectacular Gotta juggle 'em. Usually the only problems here are that people are always wearing flip-flops/sandals/zories, and claim the trouble on the heel-toe or any balancing test was because of that.
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Jun 13, 2012 06:10
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Abugadu posted:Gotta juggle 'em. Your cops couldn't ask them to take them off?
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Jun 13, 2012 06:18
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nm posted:Your cops couldn't ask them to take them off? I don't think you want these things running around without the leash. 
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Jun 13, 2012 06:24
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Abugadu posted:I don't think you want these things running around without the leash. I'm sure flip flops are impenetrable for them.
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Jun 13, 2012 06:29
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nm posted:I'm sure flip flops are impenetrable for them. Cuts through metal, so you may as well be wearing flip flops for all the good it will do you.
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Jun 13, 2012 06:36
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Abugadu posted:Cuts through metal, so you may as well be wearing flip flops for all the good it will do you. Guam is still less scary than Australia. I spent time in a hostel that had a spider the size of my head (golden orb) that lived above the fridge. This was considered normal as it is only moderately poisonous. That hostel was awesome by the way.
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Jun 13, 2012 06:37
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nm posted:Even my steel toed flip flops will be foiled. We have brown huntsman's, but they're not too common. Mostly we get smaller orb spiders, about the size of a half-dollar.
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Jun 13, 2012 06:52
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