Could this be a potential liability for your company?
You bet.
No matter what size your company is, you better have some good legal advice and/or representation in your back pocket.
]]> Golf champion Zoeller sues to identify author of Wikipedia post - Golf - Yahoo! Sports]]>Know your Employment Laws
Employment laws in this country are very careful to explain what can and cannot be done with regard to offering someone employment. Before you fire someone, hire someone else to take their place, or change their terms and conditions of employment, it is a good idea to get legal advice. If you don't, you could find yourself open to claims for unfair dismissal, discrimination or breach of contract. Also warn employees that discrimination, sexual harassment, and other illegal activities will not be tolerated in your work environment..
The Importance of Health & Safety
If you fail to carry out health and safety requirements, you coud find yourself in court, with increasing insurance premiums, and you may find challenges even obtaining insurance. In the worst cases, your business may be closed until you adhere to laws outlining what must be done in your business with regard to health and safety. Government agencies are legally entitled to carry out spot checks on your premises at any time.
Many people find it hard to imagine that work they have done will result in a claim for hundreds of thousands of dollars. However, most people only view themselves as a small link in a chain, and they don't realize that the effects of a mistake in their work can end up being out of proportion to their individual contribution.
Terms and Conditions
Spell out, in black and white, your terms and conditions. If you don't, there are a vareity of things which can happen. By not specifying the rules by which you do business, you are giving your customers the licence to pay you when they feel like it. And, if they have to file for bankruptcy before paying you, you may not be able to reclaim your goods or get payment out of the bankruptcy settlement. Create Terms and Conditions for your business, and ask a third party business minded professional, or an attorney, to check them. You must ensure your customer agrees to them, and signs them when placing an order, particularly on the Internet.
Data Protection
If you keep any information about individuals, employees or customers, you must have a policy in place. This videoexplains the laws which have been passed in recent years, and what can happen to you if you lose an employee's or customer's personal information.
Read the Small Print
Read all agreements carefully to ensure you understand what you are getting yourself into. Be very wary of signing personal guarantees. Banks often seek to over secure' their lending. Once you have signed any paperwork you will be legally bound to any terms and conditions that are set out in the small print, no matter how unreasonable they may be. It is imperative that you read all small print before signing anything. You can also have an attorney review documents for you.
Property Pitfalls
Be careful when signing lease agreements, especially for property. Even if you move and transfer the lease, you could find yourself liable if the next person defaults. Check whether you will be liable to repair and improve the property under the terms of your lease.
Avoiding legal pitfalls, and following some of these simple tips will help ensure that your business runs smoothly, and will also prevent you from receiving any unwelcome fines or other unexpected challenges.
]]>Partnerships
A partnership is formed when two or more parties form to start a business. The two parties come together because they generally figure that sharing the workload and investing capital together can help to get the business moving along more quickly. It is the opinion of TheLegalEagles that this type of business structure is the weakest and most potentially legally complicated type of business structure. However, if you do decide to form a partnership, it really is necessary to have a written partnership agreement, and get it checked by an attorney. If you can't afford an attorney, or if you would like to get affordable access to ongoing legal counsel, we recommend that you take a look at a legal plan. At the very least, you should have your business partnership reviewed by a solicitor. If you do not have a patrnership that is backed up by the proper paperwork, the partnership will be governed by the rules of the Partnership Act 1890. These rules may not always seem fair, and if you're running a technology-related business, they may not even seem to apply to your business.
Clarify ALL Relationships
Did you know that it's possible to be in a partnership without realizing it? An example: you run a business with somebody, but they aren't actually an employee of yours. This sort of situation often comes about between husbands and wives, or businesses where family members go into business together. Something important to consider - in a partnership, each partner is responsible for debts related to the business that are created by any of the other partners. There is no limit to the liability which you can be held up to if your business structure is a partnership.
Put Everything in Writing
You MUST have everything in writing. Having everything in writing is not just some phrase people say, or some simple idea - it is something you MUST do. It may be uncomfortable to ask a family member to sign an agreement, but it is significantly more uncomfortable, and even painful, when things go wrong. When you don't put things in writing, there is simply no legal ground for you to stand on. Without some form of documentation (which includes all correspondence), It siply becomes your word versus someone else's.
What should be in writing?
Contracts are the basis of all business relationships.
A contract will include four key components:
Consideration: an obligation to pay or a promise to provide something in return for something of value.
Certainty: the contract must clearly state what is expected of all parties.
Intention: The intention to be legally bound by the agreement,
Offer and acceptance: (Pretty self-explanatory).
Contracts can be made orally. The problem with this is that it isn't always clear when an oral contract has been made. Confirm every agreement in writing so everyone knows where they stand.
Who will pay the bills? When will they be paid? How much will you each take from the business? Are expenses included in the overall picture of profit and loss statements? Who will own copyrights for the products and services you create? It is important that all aspects are covered and that there are no gray areas.
If you still decide that you want to form a partnership, you can. By following these tips, you can ensure that your business partnership will be getting started on a solid footing.
We do recommend, however, that you look into other business structures, and get the advice of an attorney (and do it inexpensively)before making any decision that will affect your business, including deciding what kind of business to start.
Be sure to take a look at a legal plan for your business, and also be sure to check out our other articles on business tips.
]]>Let’s start it off with a set of parents who decided to sue Sea World in Orlando because their son took off all his clothes but his underwear and jumped into a 50-degree pool with an Orca whale. Twenty-seven-year-old Daniel Dukes was found dead early in the morning draped over the back of the largest Orca. The cause of death was believed to be hypothermia, and drowning. The lawsuit? The parents are saying that the theme park caused his death by portraying the large animals as safe and huggable (never mind that the man was trespassing in the first place, and nobody in their right mind jumps in a pool with two animals that are bigger than you are).
]]> In another story, Kevin Pezzi, MD, a Michigan emergency physician, was sued by a patient who had a mild heart attack nine months after Pezzi treated him in the ER for hypertension (high blood pressure). Dr. Pezzi administered two intravenous medications to control the blood pressure, which responded perfectly. The patient had a full cardiac evaluation in the ER and during his subsequent admission arranged by Dr. Pezzi, all of which showed no current cardiac or other problems, except for the hypertension now controlled by medication. The patient was seen for months in the medical clinic by other doctors, and remained symptom-free. His heart attack occurred within the first few months he began seeing a physician in private practice. The patient's attorney sued Dr. Pezzi, apparently thinking that his client might have done better had he been given more than two antihypertensive medications. The lawyer was evidently unaware that some blood pressure is actually a good thing, and that lowering it too much can itself be rapidly fatal. In spite of the fact that Dr. Pezzi flawlessly managed the patient's blood pressure nine months before the heart attack, this case dragged on for two years until the attorney belatedly realized his mistake and dismissed Pezzi from the case. Pezzi spent over $5,000 to defend himself. It is the belief of thelegaleagles.org that a prepaid legal plan could have helped Dr. Pezzi.Then there’s the family of an Orlando woman who was killed in a car accident. They’re suing the rental car company. The woman was riding in the rental car that was being driven by her boyfriend, an Irish tourist, who just happened to be drunk at the time. The driver of course survived and was charged with manslaughter, but the parents are going after the rental company. Why? Because they "either knew or should have known about the unique cultural and ethnic customs in Ireland which involve regular consumption of alcohol at pubs as a major component to Irish social life."
Speaking of drinking and driving, Chicagoland prep star Rickey Higgins was kicked off his high school basketball team when he was caught drinking and driving. His second offense by the way. His lawsuit? He’s suing the school under the Americans with Disabilities Act. His lawyer, Steven Glink, says that his client "has been diagnosed as an alcoholic, and that is a recognized disability under federal law." So what does this mean? If I walk into a bar after two a.m. and prove that I’m an alcoholic does that mean they have to serve me? Does that mean that if I drive drunk I’m a victim of a disease rather than socially irresponsible?
And one last one. The San Antonio Express-News reported that a dozen students are suing a computer school because they failed their certification tests. They were training to be Microsoft Certified Professionals, which would enable them to find jobs overseeing Microsoft computer systems. Their suit? Jason Crowson, the group’s attorney says: "They were told all they had to know how to do was point a mouse and click." So does that mean now that every school has to specifically say in their application "if you study hard and do your homework, you'll pass this class?" What purpose does that serve? And if they forget to publish that, and I fail the final exam, does that mean that I can sue them for better grades?
These lawsuits are crazy, and they ought not be allowed to happen. But since they are allowed, we would like to propose one last "crazy" lawsuit. We would like to sue every one of the people that we listed above. We would like to sue them for filing stupid frivolous lawsuits. On behalf of the public, we’d like to make damages include... the amount of money spent pursuing the trial... the amount of money lost by those who had legitimate lawsuits and had to wait for this stuff to get through court... and finally we'd like to claim undue distress and emotional pain and suffering at having suffered through reading these stories. The intense frustration we feel when we hear about this craziness has got to count for something. We think that our lawsuit against frivolous lawsuits is a great idea. Let’s sue these people and make our own statement. Perhaps we could sue for having to live on the same planet and share the same air with them.
We actually have filed such a lawsuit, but with the length of the legal docket these days, and learning how to file a class action case, we might be a while in getting any money. So until we do get your money for you, you may as well protect yourself from these idiots by signing up for a prepaid legal plan. With a prepaid legal plan, you pay a low monthly fee, and receive a covered set of hours for lawsuit legal protection. If you were to be the one who were sued, and needed to defend yourself against a frivolous lawsuit, you would be able to have your prepaid lawyer tell these FLD's (Frivolous Lawsuit Dummies) that they could sue you, but that you would not be out of pocket for any amount up to the plan amount worth of trial time spent defending you. In addition, you might decide to file a lawsuit back for all the harassment and difficulty caused to your life by filing the lawsuit.
Do you think that they might just decide to go pick on someone else? We at thelegaleagles.org know this to be the case (because we've seen it work this way on many occasions), and is why we tell you:
Avoid frivolous lawsuits by taking a look at a prepaid legal plan.
]]>Now that intruders have raided a second big consumer database, we're bound to hear lots more calls for increased federal oversight of the companies that buy and sell our personal information.
]]> What will get far less attention, unfortunately, is the fact that these incursions wouldn't be so incredibly damaging to consumers' finances if lenders didn't make that information worth stealing in the first place.Think about it: The only reason an identity thief cares about knowing your Social Security Number or other private data is that it can be used to open accounts in your name and commit fraud. Lax verification procedures at credit card companies and other financial institutions make that possible -- even easy.
“Companies are so eager to grant credit,” said Linda Foley, executive director of the Identity Theft Resource Center, “that they will grant it to almost anyone for any reason.”
How ID theft became big business
Identity theft is now America’s leading consumer complaint, according to the Federal Trade Commission, with an estimated 10 million new victims each year. The thefts range from opportunistic one-time events to huge, organized crime rings racking up millions of dollars in fraudulent charges each year.
In the two recent cases, thieves posed as legitimate customers to gain access to databases compiled by ChoicePoint and by its rival, LexisNexis. LexisNexis' corporate parent said personal information on as many as 32,000 consumers was compromised; in the ChoicePoint raid, as many as 145,000 people had their information stolen. At least 750 so far have become the victims of fraud.
Consumers are basically helpless. They have no choice about being part of these massive databases, since the companies can legally collect and sell the information without consumers' permission.
And once their information is compromised, there's not a lot they can do to prevent the thieves from opening up accounts. But the thieves wouldn't be able to take over consumers' credit accounts, or get new credit in a victim's name, without plenty of help from careless banks, credit-card issuers and other lenders.
Some of the most common lending practices include:
Granting credit with incomplete and inaccurate identifying information.
Ignoring fraud alerts on consumers’ credit reports (a new federal law prohibits this, but consumer advocates aren't sure how well the prohibition will work in practice).
Sending out unsolicited applications and "convenience" checks.
Continuing to report inaccurate information to credit bureaus.
Ignoring and thwarting law enforcement attempts to investigate ID theft.
"The industry is highly competitive, and credit issuers are still making more money signing up new customers than they are losing from fraudulent accounts," said Beth Givens, executive director of the Privacy Rights Clearinghouse .“Of course, victims of identity theft are the collateral damage of this diabolical business model.”
The typical identity-theft victim, according to the clearinghouse, spends about 175 hours and $800 trying to clear up his or her credit report. Even consumers who aren’t victims pay in the form of higher interest rates and fees, thanks to rising fraud.
Here’s just a sample of how lenders aid and abet the bad guys:
Sloppy credit-granting practices
You would think that thieves would need more than one or two pieces of identifying information to steal your credit. You’d be wrong.
Lenders regularly open accounts without correct names, addresses or picture ID, identity-theft experts say.
“The Social Security number might be right but the name is slightly wrong and the address is wrong,” said Steve Blackledge, legislative director for the California Public Interest Research Group, known as CalPIRG, which issued a report about law-enforcement response to identity theft. “Most of this (credit granting) is computerized, and the computers aren’t catching it.”
The thief who stole Tom Richard’s identity got Sears to issue two MasterCards -- and to send them to a different address than the one listed on Richard’s credit report.
Richard, a Huntington Beach, Calif., resident, said Sears told him the application was taken over the phone and that enough information on the application matched his credit report for the company to issue the card. Sears sent a letter to Richard’s correct address advising him the card had been issued, which allowed him to call and report the fraud. But he was amazed that the company had granted the credit in the first place.
“I know that it is impossible to stop fraud,” he said, “but under these circumstances, shouldn’t Sears require the perpetrator to present in-person positive identification . . . if they cannot verify the mailing address?”
Ignoring fraud alerts
Consumers have the right to ask credit bureaus to put fraud or security alerts on their credit reports. These alerts signal lenders that the consumer wants to be contacted by phone before credit is granted. Typically, they’re placed by consumers who have already been the victims of identity theft.
Incredibly enough, lenders frequently ignore these alerts.
“Lenders say it’s too expensive for them to verify every credit application” by phoning the consumer, Foley said. Lenders are now required to make a "reasonable effort" to contact consumers before opening new accounts, but there's been little guidance about what that might constitute.
Unsolicited credit-card offers and “convenience” checks
You can add your name to the credit bureaus’ “opt out” list, which removes you from the mailing lists the bureaus sell to credit card issuers. (The number to use is 888 5-OPT OUT or 1-888-567-8688.)
But as anyone who has signed up with the service can attest, the credit-card solicitations keep coming, since not all lenders subscribe to the opt-out service. By ignoring consumers’ expressed wishes, these credit-card issuers give thieves a relatively easy way to set up a bogus account.
It’s even harder to convince your current credit-card issuers to stop sending those “convenience checks” -- which can be far more dangerous than a credit-card application. All the thief has to do is fill out the check and sign it to have instant access to cash.
Continuing to report disputed accounts
This is one of the reasons that cleaning up identity theft takes so long. A victim reports identity theft to a merchant or lender, who promises to remove the fraudulent charges or account from the consumer’s credit report. A few months later, however, the bogus charges surface again.
“It’s a bookkeeping or recordkeeping issue,” Foley said. “You think you have it cleared up, but it’s not properly noted in the file, so it’s reported again or sent to collections.”
Financial planner Eileen Freiburger said she’s spent years getting fraudulent accounts taken off of her credit report, but they keep reappearing. Her recent mortgage refinancing nearly was derailed by an old, fraudulent charge for $4,000 that she thought had been deleted from her report.
Lenders and merchants “just don’t want to clear it up,” Freiburger said. “The ball gets dropped.”
Refusing to cooperate with police
Law-enforcement agents say that one of the biggest frustrations they face in investigating ID theft, besides a lack of resources, is lender stonewalling.
Investigators interviewed by CalPIRG said they regularly encountered lenders who failed to return police calls, refused to provide copies of credit applications and even ignored some search warrants.
Companies don’t have to honor search warrants issued by out-of-state courts, Blackledge said, and many don’t.
Of course, some companies, stung by fraud losses too large to ignore, have taken steps to curb the trend. They’re requiring more identification, honoring fraud alerts and refusing to send goods or credit cards to addresses other than the ones listed on applicants’ credit reports. Some employ sophisticated software that analyzes applications for possible fraud.
But many companies still are refusing to change their procedures, and so identity theft continues to grow at an exponential pace.
“Unless some major changes are made in the way . . . credit issuers verify applications and grant credit,” Foley warned, “then we may very well all become victims of identity theft in our lifetime. It’s more of a reality now than a threat.”
Here's the point that The Legal Eagles would like to make. Persons whose identities were stolen should have 100% unlimited legal access, and 100% unlimited identity theft protection.
TheLegalEagles know that the best way for Americans to get both legal and identity Theft protection (according to the American Bar association), is by checking out a legal plan.
]]>Putting your money in Citibank or Bank of America isn't going to protect you from identity theft today. There is no ironclad method to prevent identity theft today.
]]> With James Bond music playing in the background, WFLA 1270 AM The Morning Show radio anchor Preston Scott introduced the former IBM Director of Corporate Business Intelligence, Sydney Newman Dotson, as a female corporate spy turned detective in her #1 bestseller, "No Greater Deception."Dotson's debut book, "No Greater Deception, A True Texas Story," skyrocketed worldwide to #1 on the Top 10 True Crime Biography Bestseller Lists this month in the U.S., Great Britain, Australia, New Zealand, France, Germany, Italy, Spain, Japan, China and Russia.
Did you know that 95% of all identity thefts are performed by family members on family members?
"Beware of wolves in your own backyard," says Dotson. "Putting your money in Citibank or Bank of America isn't going to protect you from identity theft today. There is no ironclad method to prevent identity theft today.
There's no need to go to Las Vegas to attempt to hit the jackpot. It's much easier for thieves to get rich by stealing assets from their relatives. It's more likely the perpetrator is a relative instead of a stranger. My stepmother is a thief and con artist that had years to plan her heist. She left a path of destruction behind her. she was blinded by greed and obsession.
Did you know how easy it is to create a second signature for a family member at any bank today? And, use that second signature to forge wills, life insurance policies, pension plans, deeds, titles, checks and anything linked to an asset? The financial loss can run into the millions of dollars as it did in my case.
"I refuse to be a victim of identity theft by my stepmother. I'm a survivor", says Dotson. "You can ruin my credit, but don't steal my inheritance. I hope sharing my story with others will help prevent future identity thefts, forgeries and fraud across the country."
"It's a real-life Texas Soap Opera of Love, Death, Betrayal and Justice," says Liz Carpenter, author and Lady Bird Johnson's WHITE HOUSE Press Secretary.
In "No Greater Deception, A True Texas Story," Dotson's stepmother forges several family members' wills, and is implicated in their mysterious deaths.
"I didn't know that anyone can purchase a notary seal at any office supply store today," says Dotson. "It's very easy to forge documents worth millions of dollars today. And seniors like my father are easy targets. Unfortunately he's not here to defend himself. So his children are seeking justice on his behalf."
Dotson has been seen on The NBC Today Show and PBS. She's currently speaking on television and radio station Talk Shows as an Identity Theft Expert. Detectives, profilers and handwriting experts are using her book as a textbook case study on identity theft and the criminal mind of Dotson's stepmother, the Black Widow serial killer.
"No Greater Deception, A True Texas Story" is available on Amazon.com.
Here's the point that The Legal Eagles would like to make. Persons whose identities were stolen really need to have 100% unlimited legal access, and 100% unlimited identity theft protection.
TheLegalEagles know that the best way for them Americans to have both of these things (according to the American bar association), is by checking out a legal plan.
]]>Debt got you down? You're not alone. Consumer debt is at an all-time high. What's more, record numbers of consumers-nearly 1.5 million in 2001-are filing for bankruptcy. Whether your need for debt relief is the result of an illness, unemployment, or simply overspending, it can seem overwhelming. In your effort to get solvent, watch out for advertisements that offer seemingly quick fixes. While the ads pitch the promise of debt relief, they rarely say relief may be spelled bankruptcy.
]]> Although bankruptcy is one option to deal with financial problems, it's generally considered the option of last resort. The reason is bankruptcy's long-term negative impact on your credit worthiness. A bankruptcy stays on your credit report for 10 years, and can hinder your ability to get credit, a job, insurance, or even a place to live.The Federal Trade Commission (FTC) cautions consumers to read between the lines when faced with ads in newspapers, magazines or even telephone directories that say:
"Consolidate your bills into one monthly payment without borrowing."
"STOP credit harassment, foreclosures, repossessions, tax levies and garnishments,"
"Keep Your Property."
"Wipe out your debts! Consolidate your bills! How? By using the protection and assistance provided by federal law. For once, let the law work for you!"
You'll find out later that such phrases often involve bankruptcy proceedings, which can hurt your credit and cost you attorneys' fees.
If you're having trouble paying your bills, consider these possibilities before considering filing for bankruptcy:
Talk with your creditors. They may be willing to work out a modified payment plan.
Contact a credit counseling service. These organizations work with you and your creditors to develop debt repayment plans. Such plans require you to deposit money each month with the counseling service. The service then pays your creditors. Some nonprofit organizations charge little or nothing for their services.
Carefully consider a second mortgage or home equity line of credit. While these loans may allow you to consolidate your debt, they also require your home as collateral.
If none of these options is possible, bankruptcy may be the likely alternative. There are two primary types of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. The current filing fees are $185 for Chapter 13 and $200 for Chapter 7. Attorney fees are additional and can vary widely. The consequences of bankruptcy are significant and require careful consideration, which is why you should have a prepaid legal plan. It's just good sense. Besides all the services you get for helping you deal with traffic issues, contract review, and a whole slew of other situations, you can have access to ask an attorney any law or legal question you like. This means that you can have an attorney review your debt situation and ask them whether or not they think you should file for bankruptcy, or simply look into other debt relief options. Having a prepaid legal plan is like being able to tell your doctor what's wrong, and having the doctor tell you how to fix it, only with a prepaid legal plan, an attorney can advise you about options for how to fix your debt problems.
A Chapter 13 bankruptcy filing allows you, if you have a regular income and limited debt, to keep property, such as a mortgaged house or car, that you otherwise might lose. In Chapter 13 bankruptcy, the court approves a repayment plan that allows you to pay off a default during a period of three to five years, and get out of bankruptcy, rather than surrender any property.
Chapter 7 bankruptcy, also known as straight bankruptcy, involves liquidating all assets that are not exempt. Exempt property may include cars, work-related tools and basic household furnishings. Some property may be sold by a court-appointed official-a trustee-or turned over to creditors. You can receive a discharge of your debts under Chapter 7 only once every six years. (In other words, you can only file for Chapter 7 bankruptcy once every six years.)
Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities. Both also provide exemptions that allow you to keep certain assets, although exemption amounts vary. Personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. Also, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it.
Both types can also create hefty legal fees. This is why you should have a prepaid legal plan, because through a pre-paid plan, an attorney will tell you how to fix your debt problems, and will be available to you at 25% off the going rate. That may not seem like much, but 25% of $5,000.00 ($1,250.00) can definitely make a difference in helping you to overcome bankruptcy.
In short, choose debt relief and credit counseling over bankruptcy, but if you must file for bankruptcy, at least do it at the discounted rate that comes with a prepaid legal plan.
]]>An expensive speeding fine may be only the beginning if you get nailed for speeding. Your auto insurance can add charges on your policy that can increase your insurance rates for years.
]]> Sometimes, you'll be pulled over for a traffic violation, and have no idea what traffic signal or speeding law you've violated. Other times, you know that you are being pulled over because you're about to be issued a speeding ticket. Either way, you then find yourself at the side of the road, with your flashers on, and the officer comes to your window to ask you the inevitable question, "Do you know why I pulled you over?"If you try to protest your speeding ticket or traffic violation as the ticket is being issued, the best an officer is going to tell you is that you should tell it to a judge.
And you should.
You should go to trial, and know the traffic laws that will help you to escape your ticket for your traffic violation. More often than not, you can win. However, it will be difficult for you to know all the traffic laws which will help you to defend against a speeding ticket. After all, you could familiarize yourself with all the laws of your state, only to receive a ticket while driving in another state with entirely different traffic laws, so your ticket would be from an out of state court. Even if the ticket is from your home state, it will be difficult for you to know all of the traffic laws which will help you in fighting your speeding ticket.
One of the best ways to prepare, is to get access to an attorney by signing up for prepaid legal services. Prepaid legal services do for legal issues what health insurance does for hospital and doctor bills. You have to have it in effect before your ticket (and if you already got a speeding ticket, before reading this article, it's quite likely that you might get one again. You might want an attorney on hand the next time around, so definitely check out the information!). You pay a monthly fee, and you have access to premium legal help and are able to ask questions of actual lawyers about traffic laws in your state. These top-rated attorneys will help you over the phone and, if necessary, will actually come to court with you to defend you against the ticket. If you happen to receive the ticket out-of-state, these prepaid attorneys will go to your court trial for you in the out-of-state location and do their best to get the charges reduced or dropped. (Find out more about signing up for a prepaid legal plan.)
Another option is to invest $29 in a membership with the National Motorists Association. This is a group based in Waunakee, Wis., that helps drivers fight for their rights.
If you don't want to spend $26/month (or less) for prepaid legal services, which will allow you to have an attorney for free, who will go to court and represent you, then you'll have to do your homework to be able to fight your speeding ticket. Be prepared with traffic laws when your court date comes. Oftentimes, the police officer will never show up, and when this happens, the judge will often dismiss the case. But if not, you'll end up fighting your speeding ticket in order to keep your record clean, and your insurance rates low.
When should I just pay the fine for my speeding ticket and take the reduction in points? Even if you are caught with a lead foot, don't automatically pay the ticket. With a little effort, you may beat paying the speeding ticket fine plus the higher premiums on your auto insurance policy.
One example is the Maryland man who found himself before a judge using the defense of "guilty with explanation." It seems that a protest against China's repression of the Falun Gong had created a hopeless traffic jam as he tried to pick up his daughter at camp. Once traffic opened up, his foot went down, a cop pulled him over, and issued him a speeding ticket.
As proof of his predicament, the man handed the judge an article about the protest. "You're invoking the Falun Gong defense?" the judge asked. "I don't care what your excuse is, mister, you've got to slow down."
But then the judge gave him a special incentive. The driver was given "probation before judgment." If he keeps his record clean for a year, it'll be as if the whole thing never happened. There's no record for his insurer to use to jack up his rates. The speeder paid more than $100 in fines and court costs but figures he saved hundreds, maybe thousands, of dollars by avoiding insurance surcharges. This is one way to beat a speeding ticket.
Don't judge yourself
There is not an exact count of how many speeding tickets are issued each year. One estimate is that the number is about 14 million. Most of those who have been issued a speeding ticket admit their guilt and either pay a fine or take advantage of a "re-education program" to beat or erase the overall effect of the ticket. Only about 3% of ticketed drivers go to court to challenge the ticket and try to fight the traffic ticket with the law.
More people should fight speeding tickets though. One estimate suggests that more than 50% of contested speeding tickets result in dismissal, a reduced fine, or a finding in the driver's favor.
Considering the long-term financial effects, don't treat a speeding ticket lightly. You won't face jail time unless your offense is more serious, and you can put your license in jeopardy by piling up tickets. Most states suspend or revoke the license of a person who regularly receives speeding tickets, and violations generally stay on your record for about three years. However, even an occasional speeding ticket can be very expensive.
The charges start with the speeding fine. Depending on where your foot becomes lead, speeding fines range from $5 to $1,000. An example of fines shows that in Massachusetts, the minimum is a $50 fine for speeds up to 10 miles an hour over the limit, plus a $10 fine for every excess mile per hour. In California, you pay up to a $100 fine for a first speeding ticket, a $200 fine for the second ticket and $250 for each speeding ticket after that. In many states, fines double in school or work zones.
For many drivers, though, the biggest 'fines' don't come from the judge but from the insurance company. A speeding ticket can drive up insurance premiums for three to five years. Some insurers will ignore your first speeding ticket, but with many companies, one speeding ticket makes a big difference in rates.
Here's an example of the impact speeding tickets can have:
|
Second speeding ticket Third speeding ticket
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$1,672 a year
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This extra $565 a year, or $2,825 over five years, is far higher than the official fine imposed for speeding by the state. Wherever you live, it's likely your insurer will ratchet up the surcharges as you rack up tickets. So the stakes get higher each time you receive a speeding ticket.
If you are ticketed, use the two weeks you're generally given before you must take action to do some research. Police officers, even with radar, can make mistakes. There may be mitigating circumstances, such as speeding up to avoid a potential accident caused by another driver's erratic behavior. At this point, you should ask yourself how much your time is worth, and how much you can really know about the law. To get a prepaid legal plan. (which offers you many more services than just helping with speeding tickets) is less than $26/month. If it takes you 10 hours to research traffic tickets in your state (it will take you more time than this), isn't it worth it to have a lawyer through a prepaid legal plan who will tell you what you need to know and attend court with you, or go to court for you if you can't make it? Just something to consider.
If you do decide to defend yourself in court, one thing to realize is that not all speed laws are created equal. David Brown, a lawyer in Monterey, Calif., and author of '”Beat Your Ticket: Go to Court and Win,” notes that the District of Columbia and 32 states -- including Florida, Illinois, New Jersey, New York and Pennsylvania -- have absolute speed limits. Drive even one mile per hour over the speed limit and you're breaking the law.
Most drivers assume there is some leeway. And in reality, there is. John Moffat, director of the Washington Traffic Safety Commission, concedes that driving seven to eight miles over the posted speed limit on a highway generally won't get you pulled over. The results of a recent study in New Jersey seem to support that view: Over 36 months, 85% of the traffic on 65-mph roads was speeding at 74 mph. Clearly, the police can't, and don't, pick up everyone going over the speed limit.
George Hartwell, a California Highway Patrol spokesman, says, "If you exceed the limit by a few miles per hour, the officer has discretion." But don't push your luck. CHP lieutenant Wayne Bridges says 98% of officers will give you a speeding ticket you for traveling 15 mph or more over the limit. In the New Jersey study, 81% of tickets were given to drivers doing less than 20 mph over the limit.
Kentucky, North Dakota, Rhode Island and Texas have presumed speed limits. If you are clocked going 50 mph in a 40-mph zone, it is only presumed that you were speeding. If you can persuade the judge that your speed was safe given the conditions, you may beat your speeding ticket. Other states -- including California, Colorado, Massachusetts, Montana and Ohio -- have a combination of absolute speed limits for interstates and larger state roads and presumed speed limits for other roads.
Make sure that you read both sides of your speeding ticket. It will tell you how to go forward. The options usually include everything from writing a check to fighting your speeding ticket in court. It's definitely a good idea to have an attorney in court with you if you want to beat your speeding ticket. The middle ground may include taking a safe-driving course; if you complete the course, the speeding ticket won't go on your record. These courses can cost $40 to more than $100. This is on top of any fine you may have to pay. Typically, they last four to eight hours. In some states, including California and Florida, you can take these courses online. There is a limit, however, on how often you can use this option to protect your record; once every 12 to 24 months is typical.
Judges may have the authority to keep a speeding ticket off your record and away from insurers if you fulfill certain obligations. These may include paying the fine and court costs; avoiding violations for, say, six months to a year; and possibly performing community service or attending a driver's safety school. You can use such an option only once in three years in North Carolina (for a whole household), and once in seven years in Washington. However, if you hold up your end of the bargain, the ticket disappears. Florida will forgive one moving violation a year -- and up to five in a lifetime. To keep your record clean in the Sunshine State, you must pay a fine, court costs, and go to traffic school. (If it sounds complicated, it can be. It just depends on your state.)
If such options are not available, you may still be able to limit the damage of the speeding ticket by plea-bargaining. Request a court date to present your case -- perhaps to show that your speedometer was faulty -- and then ask the prosecutor for a deal. To avoid clogging the docket, a prosecutor may offer to reduce the fine and points, especially for first-time violators, says former New York prosecutor Marcia Cunningham of the National Traffic Law Center.
Before you decide how much effort to go to, call your insurer to see how the ticket could affect your rates. The more severe the consequences, the more important it is to take advantage of ways to hold down the damage.
If you think you can defend yourself in court, without having thoroughly studied all the traffic laws of your state, you might be in for a surprise when you get to court. But sometimes, you won't need to consult with a lawyer. If you're going to ask for a deferral or a reduction in your fine or points, or if you want to see if you can work out a deal with prosecutors, you might not need an attorney. However, if you have inexpensive access to an attorney, you can go to court with assurances that there will be someone there on your side who knows the traffic laws. If you think that your case is a strong one, you can plead not guilty and go to trial on your own, but it would be better to have an attorney present who knows the best ways to fight a speeding ticket in your legal jurisdiction, and in your particular legal situation..
Traffic courts are relatively informal as far as courts go. Most jurisdictions treat speeding tickets as petty criminal offenses, with no right to a jury trial. Other places treat tickets as civil offenses. In either case, if the officer doesn't show up in court, you almost always win. (In some places, though, the officer doesn't have to be there.)
In many jurisdictions, you have a broad right to ask for the officer's notes, records about the radar unit used and other information to help prepare your case. A prepaid attorney, (for $26/month or less) can help get this information, look for discrepancies in the description of your car's make and color; the lane you were in; road, traffic and weather conditions; and where the officer was when s/he tagged you. "If you can raise doubt, you can win," says Judge Peter Evans, head of the Florida traffic-adjudication program.
One good source of information about the system and procedures is the clerk of the court with jurisdiction over your case. Other good resources include Brown's book, other books from legal self-help publisher Nolo Press, and for state speed laws, the National Highway Traffic Safety Administration.
You can also get a packet of materials on how to fight a speeding ticket from the National Motorists Association. The packet rents for $30 for one month; you'll also need a $155 deposit, which you get back when you return the materials.
If all this sounds like too much work, you can hire a lawyer for anywhere from $300 to $1,000 or more (if you go to trial). Be sure to get one familiar with the traffic laws and practices where you were ticketed. If that sounds too expensive, just do what we've been advising you to do all along and beat your speeding ticket by having a prepaid legal plan. One thing to keep in mind is that if you have already gotten your speeding ticket, you can't get a plan today and expect the lawyer to go to court to cover your current ticket, because you didn't have coverage at the time of your ticket. What you will be able to do, however, is call an attorney and have them tell you what to say, how to act, and what cases to cite when you get to court. Then (heaven forbid), should your foot get heavy again, say nine months down the road, you will have an attorney. That's why it's important to have a prepaid legal plan in force before any legal situation arises. You never know when you'll need it, but one thing is for sure. You will need it.
Don’t try these excuses
Martin Kron, a former judge turned traffic lawyer in New York City, muses over a case that came up in his court.
A fellow who was representing himself on a speeding violation called his mother as a witness. She testified that her son had been bringing her a set of family-heirloom china. Since the china arrived without a scratch, the mother explained, her son couldn't possibly have been speeding.
Here are some other gems that won't work:
"Everybody was going the same speed."
Marcia Cunningham of the National Traffic Law Center says, "Many times I've heard a judge say, 'The river is full of fish. You can't snag them all.'"
"He's picking on me because I drive a red sports car."
This is a nonstarter.
"The radar was wrong."
It's possible, but the odds are against beating a radar-based citation, especially if you don't have the radar records as evidence and can't point to specific errors the officer made.
"I was going to see my sick [fill in the blank]."
This never works unless the judge dies laughing. Even then, the case would probably be rescheduled.
Even if you do have a prepaid legal plan, you should know what to do when you're pulled over for speeding (or for any other traffic violation).
Do you know why I pulled you over?
If a patrol car pulls up behind you with lights flashing, the key to the next few minutes is keeping things safe for you and the officer. Slow down and carefully pull over to the right shoulder, making sure to use your turn signal.
If you are uncomfortable stopping in a relatively unpopulated or unlighted area, slow down, turn on your hazard lights and indicate by a hand signal that you are going up ahead. Then pull over as soon as you get to a more populated area. Police officers understand this concern.
If it's nighttime, turn on your dome light once you have stopped. Stay in the car, unless you are told to get out. "It's a challenge to the officer when you get out," says Rich Whitcomb, director of driver training for the American Automobile Association.
Roll down the window and keep your hands in view on the steering wheel. If you have to get your driver's license, registration or insurance card from the glove box, a purse or other enclosed area, tell the officer before you do it.
In an ordinary speeding case, the decision whether to issue a warning or a citation is left to the discretion of the police officer, who has probably already made up his mind. Be polite, but don't volunteer any information. "The officer is going to try to get you to say you were speeding," says Eric Skrum of the National Motorists Association, a motorist-advocacy group. "If you admit guilt, it will go in his notes and be used against you if you go to court."
When asked if you know why you were stopped, do not commit yourself. Just say something like, "I'm not sure." If the officer says you were speeding, respond with, "I see," or say nothing. Silence doesn't equal an admission of guilt, nor does signing the ticket. You are simply acknowledging receipt of a copy of the ticket.
If you are pulled over out-of-state, don't assume that paying the ticket promptly will prevent the infraction from being reported to your home state -- even if the officer suggests that that's the case. Just about all states share information about driving infractions.
Honestly, on this issue, we really recommend a legal plan. Read this.
"I just got back from court. The judge dismissed the case. My prepaid legal attorney beat the ticket by pointing out to the judge how the officer's RADAR gun wasn't calibrated by a certified technician for over four years. Thank-you!"
]]>The basics of filing for bankruptcy (and some ways to avoid filing for bankruptcy and going to court) are outlined in this article. This article also talks about why it's good to have a prepaid legal plan.
No matter what the ad states, a poor credit history can’t be erased...but there are some things you can do.
]]> Under the Fair Credit Reporting Act, you can question an item in your credit report file and your complaint must be investigated. However, the negative information on your credit report will be removed only if an investigation determines it’s incorrect. A credit repair company, no matters what it claims, cannot compel the credit bureau to remove negative information from your file, if that information is accurate.One thing you can do is use an attorney to get a copy of your report. Unfortunately, sometimes this is very cost prohibitive, as credit and tax attorneys can cost anywhere from $180-$500/hour and upwards. (As an aside, If you want to hire a credit attorney for much less, thelegaleagles.org recommends that you check out a prepaid legal plan. With a prepaid legal plan, you can pay a low monthly fee (most often less than $28) and have a credit attorney (i.e. an attorney who specializes in the laws of consumer credit) offer you advice, make phone calls, and write letters on your behalf.)
Some companies claim they will work with your creditors to consolidate your debts, or reduce the size of your monthly payments. Before you pay large sums of money to these companies, you can call the FTC for referral to non-profit counseling services that provide free or low-cost help.
So, how do you request a copy of your credit report and dispute a credit reporting error?
Well, even if you don't have a poor credit history, it's a good idea to conduct your own credit check-up, especially if you're planning a major purchase, such as a home or car. Checking in advance on the accuracy of the information in your credit report could speed the credit-granting process.
You're entitled to one free report a year if you can prove that (1) you're unemployed and plan to look for a job with 60 days, (2) you're on welfare, or (3) your report is inaccurate because of fraud. Otherwise, a credit bureau may charge you up to $9.00 for a copy of your report.
Credit bureaus usually are listed in the yellow pages of your telephone book under "credit reporting agencies." Three large national credit bureaus supply most credit reports: Equifax, Experian and Trans Union. You may want to contact each of them for a copy of your report.
Equifax
1-800-685-1111
www.equifax.com
Experian
1-888-EXPERIAN (397-3742)
www.experian.com
Trans Union
1-800-916-8800
www.transunion.com
And what do you do when you find a credit reporting error on your credit report?
Thelegaleagles.org recommends that you check out a prepaid legal plan. As already stated, a prepaid legal plan, lets you simply pay a low monthly fee which covers you for much more than credit reports. What you can do is simply have a credit attorney (i.e. an attorney who specializes in the laws of consumer credit) offer you advice, make phone calls, and write letters on your behalf. This is powerful because attorneys know the laws that will benefit you the most, and when you're paying for an attorney to represent you, they will do their very best. Find out more about a prepaid legal plan.
The other option is to try to dispute the credit report error yourself. According to the fair credit reporting act:
You are entitled to a free copy of your credit report if you've been denied credit, insurance or employment within the last 60 days. If your application for credit, insurance, or employment is denied because of information supplied by a credit bureau, the company you applied to must provide you with that credit bureau's name, address, and telephone number.
You can dispute mistakes or outdated items for free. Ask the credit reporting agency for a dispute form or submit your dispute in writing, along with any supporting documentation. Do not send them original documents.
Clearly identify each item in your report that you dispute, explain why you dispute the information, and request a reinvestigation. If the new investigation reveals an error, you may ask that a corrected version of the report be sent to anyone who received your report within the past six months. Job applicants can have corrected reports sent to anyone who received a report for employment purposes during the past two years.
When the reinvestigation is complete, the credit bureau must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the credit bureau cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the credit bureau gives you a written notice that includes the name, address, and phone number of the provider.
You also should tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider then reports the item to any credit bureau, it must include a notice of your dispute. In addition, if you are correct-that is, if the information is inaccurate-the information provider may not use it again.
If the reinvestigation does not resolve your dispute, have the credit bureau include your version of the dispute in your file and in future reports. Remember, there is no charge for a reinvestigation, and if there is something on your credit report that doesn't belong there, you are more likely to get it removed by having an attorney who knows about credit law, which is why thelegaleagles.org recommends a prepaid legal plan.
]]>There are many resources for calculating child support payments, but what about enforcing those child support payments? Are you going to take child support enforcement into your own hands? Where would you even start?
]]> Well, you might start online, at the U.S. Department of Health and Human Services. You would find yourself at the Office of Child Support Enforcement. This site is a great resource, and is basically a do-it-yourself guide to the enforcement of child support, as well as links to each of the state sites for child support issues.However, what happens if you go through the process of filling out the forms for child support, and work to collect the support, but the person who owes the child support payments refuses to pay?
(That very situation may have brought you to this site.)
Well, you're probably going to have to hire an attorney. If that is the situation, thelegaleagles recommends that you find a good attorney.
How can you find a good attorney for child support and child custody related issues?
We recommend looking at a prepaid legal plan. One of the least expensive ways to get advice for a child support enforcement or child support law question is through a prepaid legal plan.
WHAT DO I DO NOW?
One of the least expensive ways to get advice for a child support enforcement or child support law question is through a prepaid legal plan.
]]>#2. ABOVE ALL ELSE: When you are consolidating debt, and your plan is to stay out of debt, you MUST cut up all your credit cards. The only exception to this is to have one or two cards, which you can use ONLY in emergency situations. Symbolically, a great way to show that you have gotten a new approach and plan for getting out of debt is to throw away or burn (in a safe place of course) the pieces of your credit cards. If you are building a plan on your own for consolidation of your debt, it is cruial that you cancel the lines of credit that have been extended to you, and also request a lower rate of interest on the remaining debt. With this, you should get an idea on how much money you will be expecting to cover with your debt consolidation plan.
#3. Consolidation also means knowing interest rates
Another thing you really should do is transfer as much debt as possible to the credit card having the lowest interest rate. This credit card will then be the focus of your plan, rather than the many different loans you have from different creditors. In other words, one of the ways you are consolidating debt is by bringing the highest dollar balance to the place that costs you the least.
#4. Consolidation of debt via a bank loan:
Another option you may want to consider in your planning is to get a debt consolidation loan from a bank. If the bank will give you the loan to pay off debt at a lower rate, then you are, in effect, reducing the rates you are paying on the debt, thereby saving you money both sort and long-term.
#5. Buy only what you can pay for:
To make sure that you will stick to your plan, and also not accrue further debt, it is important that you use cash (or the cash equivalent of checking accounts) for all your purchases.
#6. Buy only what you need:
Also, buy only what you can afford. Remember, if you don't have the money for it, then you probably don't need it! You are cutting down on your luxuries with a reason, and make it a point to focus on your debt consolidation plan. Never be tempted to think that one small charge on a credit card won't have a negative impact on your debt consolidation, as it very much will! Remember, that there will be another sale coming to your favorite store in the future, but this is your only chance to get all your finances back on track. It is very important that you stick on your plan for this to happen.
#7. Slow and steady, like the tortoise:
The most important point of focus of your plan should be to commit yourself to start paying off your debts one at a time. Make it a point to first pay off the credit card and loans with the highest rates of interest. In the long run, will you give your plan the best possible chance for success.
#8. Energy goes where awareness goes:
Finally, put your why in front of you. You must remember daily why you want out of debt. Is it because you want to start saving for your child's college fund? Or how about never having another bill collector call you at odd hours of the day? (Or how about NEVER being called by a debt collector again. NEVER. Doesn't that sound good?) Sitck a picture of "Debt Free" on the bathroom mirror (whatever debt free means to you). Show your plan to trusted friends and family (not those who will make fun of you, but those who will support your plan for getting out of debt). Make sure you can see daily what your plan looks like, and why you're willing to go through short-term uncomfortability to get the long-term gain of being debt free.
There are many professionals who can help you consolidate your debt. If you don't feel like you can put together this plan on your own, today would be a good time to call someone for some help putting your plan together.
]]>What FACTA means is that if you, as an individual, lose the information on anyone you have ever hired; or, for any business in the United States of America that collects any personal information on people, if the information should be lost due to not destroying the information properly, then two things can happen. First, there are federal fines of up to $2,500.00, and state fines up to $1,000, per employee, per incident. Second, the business is liable for any damages the individual suffers as the result of a breach of information.
]]> Take an example that the company loses information due to negligent destruction (i.e. you don’t own a shredder and throw the information into the dumpster). Nothing in FACTA really determines what the employee has to do to prove “negligent destruction” on the part of the employer, so an employee could simply state that the employer had lost the information (on a stolen laptop, in the dumpster, whatever), and even if the employer had burned the information into ashes, it would be up to the employer to show that the information had not gotten out as a result of his or her company’s negligence.Business Week says that the average damages for Identity Theft victims are $92,000.00 and up per person. Using this statistic, if you have 10 employees lose their identities, then on average, your liability is $920,000.00.
Statistically, you are responsible for an average of 75 bad checks and 8 credit cards per employee. The average Identity Theft victim also spends 600 hours getting their credit restored, which means that you will have 600 hours per employee, so potentially 6,000 hours for 10 employees, which you will be responsible for paying employees who aren’t even at work, because they have taken time off to deal with the Identity Theft.
According to John Gardner, co-author of Chicken Soup for the Entrepreneurial Soul, “The damages are devastating to any business.”
There are many problems related to people’s identities that don’t deal with credit issues. Contrary to popular belief, only 26% of identity theft issues relate to credit issues. The other 74% of the issues, according to Gardner, are related to the following four areas:
Someone stealing your DMV record. Example: An identity thief wants to drive under your employee’s name instead of theirs. This will help the Identity Thief to not get caught in cases of DUI, unpaid speeding tickets, etc. Your employee is then blamed for their driving record.
Someone stealing your MIB record. This is your Medical Information Bureau Record. Example: An Identity Thief wants to have an AIDS test done in your employee’s name, rather than theirs, or have their prescriptions filled using your employee’s Medicaid or Medicare benefits
Someone stealing your character identity to commit a crime in your name. Imagine this – your future employee comes to your child care facility, and everything sounds good about this candidate. However, you run a criminal background check, and find out that they have three arrests for child pornography and one for drug trafficking to minors. You bring the record to their attention, and they insist it’s not them.
Your employment record. Example: An Identity Thief wants to earn income using your employee’s social security number, but let your employee pay taxes on the money they earn.
As a result of this, Gardner says that “Businesses need to offer 24 hour per day, 7 day per week access to attorneys….I think that the danger is so large to any business, that they may want to [pay for] some of the cost of this, to encourage the employees to get the benefit…If a business does not understand that they need the help, they are living in a dream world.”
Employers should also offer some sort of Identity Theft protection, and ongoing background monitoring. This can be offered as a voluntary benefit which has no real cost to the employer, as a fringe benefit paid by the employer, or can be a combination of both. When an identity thief uses your employee’s information, (for example an identity thief takes the employee’s current address, and uses it as their previous address when they apply for a mortgage,) ongoing background monitoring will notify your employee when the identity theft happens. Most people don’t find out that they have become victims until that Identity Thief, who has used your employee’s credit to finance their mortgage, stops paying bills, is picked up for a crime, or doesn’t pay taxes. Ongoing monitoring provides an early warning system, so that your employee will be able to call an expert who can correct the problem when it takes place. This will save your employee’s time, and limit the losses your employee will incur as a result of the breach of their information. This will also save you the costs associated with the frustration and lack of ability to pay attention as work.
Even if your employees don’t elect to have the benefits of legal services and identity theft protection, having a mandatory meeting where employees hear that you have made this coverage available to them will provide an affirmative defense, should an employee ever accuse you, as the employer, of having lost their personal information.
Under FACTA, access to an attorney and credit restoration, are benefits that employers need to offer. Ongoing background monitoring will mitigate damages that the employee can experience because the early warning system will be in place to handle the issues. Access to an attorney and credit restoration will drastically reduce the time the employee spends away from work dealing with the issues surrounding identity theft and other personal legal problems.
Failure on the part of an employer to offer this benefit leaves a company exposed to thousands (and even millions) of dollars in potential damages, and leaves employees subject to the time, frustration, and headaches associated with being a victim of Identity Theft.
Jonathan Kraft is a benefits consultant who specializes in educating people about how they can get affordable access to the legal system. Because of his work in the field of electronic Identity Theft, he has come to be known as Colorado’s Foremost Expert on Computer Related Identity Theft. To learn more about what FACTA means to your company, and to receive a solution to this problem, please contact Mr. Kraft at (877) 825-7119. You can also find out more on the web at http://www.identitytheftsecrets.com/videos/facta.html
If you end up with an automotive related criminal charge, it is our recommendation that you hire an attorney.
Your defense will likely start at $10,000, and go up from there.
]]>
Fiction
An impaired driver who kills someone cannot be charged with murder.
Fact
The only difference between a vehicular homicide and other homicides is the use of a motor vehicle as a weapon, as opposed to a gun or knife. This does not change in any way the elements required to be proved for murder. As long as the elements for murder can be proved, a vehicular homicide defendant can be tried for murder just like someone who uses a gun.
Fiction
A motor vehicle is not a deadly weapon, like a gun.
Fact
A motor vehicle’s purpose is to transport people from one place to another. However, under the right circumstances, motor vehicles become as deadly, if not deadlier, than guns. The latest statistics show that almost twice the number of people die in vehicle crashes per year than by all other forms of homicide combined. And more people are killed in alcohol-related crashes per year than are killed by firearms. Courts across the country do not equate motor vehicles with guns if used as they are intended to be used. But if the operator intends to use the vehicle as a weapon, then motor vehicles and guns are equally effective weapons.
Fiction
Impaired drivers can use the excuse that they were too drunk to know what they were doing.
Fact
Impairment due to alcohol or other drugs is never a complete defense for any crime. But it can be used as a partial defense. This occurs if the defendant is charged with murder or voluntary manslaughter and the defendant’s impairment level is so high that it affects the defendant’s intent to kill. When this happens, murder and voluntary manslaughter are only mitigated to a lesser crime, like involuntary manslaughter or criminally negligent homicide. However, this is a rare occurrence and no court has ever established an impairment level at which this happens.
Fiction
If my state has already enacted a vehicular homicide statute, an impaired driver who kills cannot be charged with murder or manslaughter.
Fact
Vehicular homicide statutes were enacted so prosecutors could avoid the obstacles they faced in using murder and manslaughter statutes to prosecute vehicular fatalities (i.e., convincing jurors that a vehicle is just as much a weapon as a gun and that an impaired defendant may be just as guilty as a sober defendant). However, no court has ever found that when state legislatures enacted vehicular homicide statutes, they also prohibited the use of the more traditional murder and manslaughter statutes.
Fiction
An impaired driver never intends to kill anyone, and without this intent to kill, the driver cannot be convicted of murder.
Fact
While it is true that few impaired drivers who kill begin their evenings looking to do so, their actions throughout the evening can be so egregious that the law implies an intent to kill. Once that implied intent to kill is established, any impaired driver who kills can be convicted of second degree murder.
Fiction
Capital punishment is a sentencing option in my state, but impaired drivers cannot get the death penalty.
Fact
It is rare that an impaired driver who kills is charged with first degree murder. It is even rarer that an impaired driver who kills is charged with capital murder. However, two states, North Carolina and Kentucky, have charged impaired drivers with capital murder. These states have not created any new law; they have simply used the existing capital murder law and applied that law to the facts of the vehicular homicide. If a vehicular homicide case meets all of the statutory criteria for capital murder, there is no reason the case cannot be charged as such.
For more information about vehicular homicide or other traffic-related laws, contact:
American Prosecutors Research Institute
National Traffic Law Center
99 Canal Center Plaza
Suite 510
Alexandria, VA 22314
Phone: (703) 549-4253
Fax: (703) 836-3195
As we mentioned above, if you end up with an automotive related criminal charge, it is our recommendation that you hire an attorney. Better than that would be to have a legal plan (like an insurance plan) just in case you, or anyone who is your dependent, ever has an issue with a vehicuar homicide charge.
In other jurisdictions, the statutory language and case law pertaining to move away cases may be more restrictive and a higher burden is placed on the custodial parent seeking a move away order to demonstrate that the move away is in good-faith, necessary, expedient to the welfare of the children, and/or in the best interest of the children. In such states, rulings regarding move away cases may result in more restrictive move away decisions.
Overall, move away cases often have an all or nothing feel to them, especially for the noncustodial or left-behind parent. A move away case can change a child’s relationship with the left behind parent and it may never be the same as a result of a move away. A move away case is not about whether or not the parent can move away, it is about whether or not the parent can move away with his/her children. If you are seeking a move away order or trying to prevent a move away order you would be wise to consult an attorney to find out if your jurisdiction is more permissive or restrictive in how they rule on move away cases.
Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, custody evaluations, parenting, and all child custody related issues. Custody Match is an online matching service to help consumers find the right family law attorney, divorce lawyer, or custody attorney in their area.
Article Source: http://EzineArticles.com/?expert=Steven_Carlson
]]>Please visit the Identity Theft Solution page on www.identitytheftsecrets.com.
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