Every day you see some unlucky person pulled over on a street or freeway being given a speeding ticket or some other kind of moving violation. When it happens to a truck driver there are even more serious consequences because they can lose their license if they have enough, even minor, Department of Transportation violations. It is no secret that a lot of communities use ticketing as a revenue enhancement activity to add to the local coffers.
In many places, since 9/11, there has been an increased police presence in order to detect potential terrorist activity or in some areas to catch illegal aliens. But let's face it, most cities are faced with budget deficits and in these tough economic times traffic tickets are an easy form of taxation to balance the books. The reality is that in many communities when the police see an out of state driver, they can pretty much count on the uncontested fine being paid because the tourist isn't coming back to fight it.
The cost of hiring and training a traffic officer is approximately $75,000 per year but he or she can issue between $150,000 to $200,000 in citations. How many businesses can equal that rate of return? There are many towns like New Rome, Ohio and Waldo, Florida where over 70% of their entire operating budget comes from the fines generated by moving violations.
You may be thinking, "How does this affect me? I am a good driver and I hardly ever get tickets." Just because you haven't done anything wrong doesn't mean you won't see those dreaded blue lights flashing in your rear view mirror. If that does happen you need to know that the true cost of a moving violation has drastically changed in the last few years.
As examples of the effects of receiving tickets let's look at some real world examples. Mary is a busy sales representative who has a company car. She travels extensively and has received four speeding tickets in the last three years. She considers herself a safe driver and in each instance was traveling with the flow of traffic on the freeway. She has 9 out of the 12 points on her driver's license. Mary was shocked when her employer's insurance carrier refused to allow her to drive a company car. The company obtained supplemental insurance but Mary had to pay the extra $1600.
Our next victim is Jeffrey, a CDL truck driver from Ohio who is an independent operator and owns his own truck. He drives 150,000 miles per year and has five tickets on his record, none a serious violation. He can't get affordable insurance so he is in the process of losing his truck to the finance company and doesn't know how he will support his family.
Families with teenagers may face an economic disaster if the teen driver receives a citation. One traffic ticket for rolling through a stop sign could cost as much as $3000 in increased premiums over the three years it remains on their record. The insurance industry considers young adults as teenagers until the age of 23.
Relating Mary and Jeffrey's stories is not about you feeling sorry for them, it is to impress upon you the severe consequences that can come from receiving a traffic ticket. Obviously you need to obey all traffic laws, not just to protect your physical safety but to protect your wallet. But how often are drivers following the laws but are just in the wrong place at the wrong time and are going to be used to help balance the local budget? It is happening more and more often and you or someone in your family could be next.
What should you do if you receive a citation? Never just pay a ticket. Check with the clerk of the court to see if you are eligible for traffic school, even if it is an out-of-state citation. Many localities accept online traffic school. Check to see if this is available in your state at http://www.trafficschoolonline.com/?lcode=4013
If traffic school is not available then you or your attorney need to appear in court to contest the speeding ticket. Hiring an attorney may be your most cost effective option when you consider the additional cost of your insurance. Check with your insurance agent to find out the consequences of the original charge being entered on your driving record.
The American Bar Association says: "The best way for the majority of Americans to be able to assure themselves of legal assistance when they need it... is through a prepaid legal plan." Legal insurance works for your legal bills the same way medical insurance works for your medical expenses. Some things are covered for no extra cost and others are available for a discount. When I saw how this insurance worked in July of 2006, I immediately got it for my family and am very impressed at how it delivers liberty and justice for all and not just for those who can afford it.
http://www.activeauthors.com/Article/The-Best-Way-To-Keep-Points-Off-Your-Driving-Record/3690
Tuesday, August 28, 2007
Divorce Mediation: How It Works & Why It May Save You Time And Money
When most people file divorce papers, they assume that they will have to appear in divorce court and undergo a lengthy litigation dispute over the division of assets, child custody and alimony. In many cases, especially those where both parties wish to resolve the legalities in a quick and amicable manner, divorce mediation may be the answer. As the name implies, divorce mediation involves a neutral third-party who oversees the agreement between the husband and wife relating to the terms of their divorce.
Couples who decide to undergo divorce mediation as opposed to having their case tried in divorce court will save both time and money as the litigation process can be both lengthy and complex. A divorce mediation is a much more casual and friendly setting and, in some cases, both parties may even walk away on better terms than if the case were to proceed to trial. Depending on the nature and complexity of the case, divorce mediation can often be completed in less than one month. In order for this to occur, both parties must be cooperative throughout the discovery process and must be able to schedule regular mediation appointments.
With that being said, it's important to note that although informal, a divorce mediation is very much a legal process and should be taken seriously. The mediator will serve as a neutral party, which means that both you and your spouse may wish to seek the independent representation of a divorce attorney who specializes in these types of cases. Whether you prefer advice on divorce or actually desire the presence of a licensed divorce attorney during the actual mediation process, it is important that you understand your legal rights and are equipped with the knowledge of local divorce laws in your area when entering into mediation. A professional divorce lawyer can provide you with advice and recommendations during every step of the way, starting with the filing of divorce papers and concluding with the dissolution of your marriage.
As mentioned earlier in this article, divorce mediation may be a less expensive process than a divorce court proceeding. If a case proceeds to trial, your divorce attorney will spend hours of time in preparation, discovery and will be required to take depositions. Time is money and, in this case, the old saying has never been more true. The more hours your divorce lawyer spends on your case, the more you will likely pay in attorney fees. A divorce mediation, on the other hand, will result in less hours of research and work for your divorce attorney, which means a lower cost for you. A divorce is an expensive process, but there are ways to keep the fees at a minimum. During divorce mediation, both parties can resolve all issues both legally and effectively and without having to deal with the lengthy and expensive litigation process.
At the conclusion of a divorce mediation, the divorce attorneys for both parties will review any/all documents that require signatures and will advise their client to sign documents relating to the agreements reached during mediation. Once all paperwork has been signed, including that which relates to child custody, alimony and the division of assets, a court date will be scheduled for the final divorce hearing.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
http://www.activeauthors.com/Article/Divorce-Mediation--How-It-Works---Why-It-May-Save-You-Time-And-Money/2984
Couples who decide to undergo divorce mediation as opposed to having their case tried in divorce court will save both time and money as the litigation process can be both lengthy and complex. A divorce mediation is a much more casual and friendly setting and, in some cases, both parties may even walk away on better terms than if the case were to proceed to trial. Depending on the nature and complexity of the case, divorce mediation can often be completed in less than one month. In order for this to occur, both parties must be cooperative throughout the discovery process and must be able to schedule regular mediation appointments.
With that being said, it's important to note that although informal, a divorce mediation is very much a legal process and should be taken seriously. The mediator will serve as a neutral party, which means that both you and your spouse may wish to seek the independent representation of a divorce attorney who specializes in these types of cases. Whether you prefer advice on divorce or actually desire the presence of a licensed divorce attorney during the actual mediation process, it is important that you understand your legal rights and are equipped with the knowledge of local divorce laws in your area when entering into mediation. A professional divorce lawyer can provide you with advice and recommendations during every step of the way, starting with the filing of divorce papers and concluding with the dissolution of your marriage.
As mentioned earlier in this article, divorce mediation may be a less expensive process than a divorce court proceeding. If a case proceeds to trial, your divorce attorney will spend hours of time in preparation, discovery and will be required to take depositions. Time is money and, in this case, the old saying has never been more true. The more hours your divorce lawyer spends on your case, the more you will likely pay in attorney fees. A divorce mediation, on the other hand, will result in less hours of research and work for your divorce attorney, which means a lower cost for you. A divorce is an expensive process, but there are ways to keep the fees at a minimum. During divorce mediation, both parties can resolve all issues both legally and effectively and without having to deal with the lengthy and expensive litigation process.
At the conclusion of a divorce mediation, the divorce attorneys for both parties will review any/all documents that require signatures and will advise their client to sign documents relating to the agreements reached during mediation. Once all paperwork has been signed, including that which relates to child custody, alimony and the division of assets, a court date will be scheduled for the final divorce hearing.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
http://www.activeauthors.com/Article/Divorce-Mediation--How-It-Works---Why-It-May-Save-You-Time-And-Money/2984
Lindsay Lohan’s Hit and Run Accident
Walking the streets of Los Angeles is becoming more and more hazardous, given the amount of drunken celebrities on our roads. This past weekend we became aware that Lindsay Lohan was arrested in Los Angeles for hit and run, and driving while under the influence of alcohol. It also appears that the police located a white powdery substance believed to be cocaine either within Ms. Lohan's vehicle or person.
The preliminary information gathered from the police revealed that Ms. Lohan had two passengers in the car at the time she crashed into a curb and some shrubbery, causing injury to herself and her vehicle. Ms. Lohan then fled the scene of the accident without notifying the police. She was later located at a nearby hospital by the police who observed she was exhibiting signs of alcohol influence.
Apparently this was the third car accident for Ms. Lohan within two years. Ms. Lohan, who has been in and out of a rehab center for alcohol abuse, is obviously a dangerous driver.
From the prosecutor's point of view, Ms. Lohan should be sentenced to a significant amount of jail time for this offense, possibly six months. Any defense attorney in Los Angeles will tell you that the District Attorney's Office and the Courts do not treat cases like this lightly. The aggravating factors involved with this case include: 1) Ms. Lohan fled the scene of an accident; 2) There were two passengers within her vehicle who could have been injured; 3) Ms. Lohan has a history of bad driving; and 4) She caused injuries to herself.
In California, first time DUI offenders are sentenced to attend a DUI class, pay approximately $1,100 of fines, and placed on three years summary probation. Hit and run offenders who have caused injuries, on the other hand, can be charged with a felony, and usually receive stiff prison or jail time, depending upon the seriousness of the injuries.
Unfortunately, the Los Angeles courts tend to coddle our celebrities, so I am not expecting Ms. Lohan to be sentenced similar to what an ordinary citizen would receive under similar circumstances. In my opinion, we are not doing Ms. Lohan or the public any favors by treating this crime lightly. There is no better way to catch a person's attention than to sentence him or her to a healthy dose of jail time.
Ms. Lohan is also a huge role model for thousands of would be actresses. I believe we send the wrong message to our youth when we treat celebrities as royalty, as if they are above the law. The impression we do not want our youth to have is that law enforcement gives these people special treatment because being drunk and out of control is are essential ingredients to their success.
In cases like this numerous commentators discuss the stress of the actress and the demands of their jobs as an excuse for their behavior. I agree that celebrities do suffer from a lot of stress. However, in no way can they be excused for drunk driving. Celebrities like Lindsay Lohan, more than most people, can afford a private driver, call a cab, or call upon a friend to drive them home.
From the defense point of view, there may be a "no drive" defense, given that the police did not observe Ms. Lohan driving and we know there were two other people in her car, who could claim to have been driving. However, as I tell my clients who face similar charges, we will not know what defenses, if any, are available until we see the police reports. In this case, the passengers may have told the police that Ms. Lohan was driving, and it appears there may have been a photographer that places her behind the wheel.
http://www.activeauthors.com/Article/Lindsay-Lohan-s-Hit-and-Run-Accident/2762
The preliminary information gathered from the police revealed that Ms. Lohan had two passengers in the car at the time she crashed into a curb and some shrubbery, causing injury to herself and her vehicle. Ms. Lohan then fled the scene of the accident without notifying the police. She was later located at a nearby hospital by the police who observed she was exhibiting signs of alcohol influence.
Apparently this was the third car accident for Ms. Lohan within two years. Ms. Lohan, who has been in and out of a rehab center for alcohol abuse, is obviously a dangerous driver.
From the prosecutor's point of view, Ms. Lohan should be sentenced to a significant amount of jail time for this offense, possibly six months. Any defense attorney in Los Angeles will tell you that the District Attorney's Office and the Courts do not treat cases like this lightly. The aggravating factors involved with this case include: 1) Ms. Lohan fled the scene of an accident; 2) There were two passengers within her vehicle who could have been injured; 3) Ms. Lohan has a history of bad driving; and 4) She caused injuries to herself.
In California, first time DUI offenders are sentenced to attend a DUI class, pay approximately $1,100 of fines, and placed on three years summary probation. Hit and run offenders who have caused injuries, on the other hand, can be charged with a felony, and usually receive stiff prison or jail time, depending upon the seriousness of the injuries.
Unfortunately, the Los Angeles courts tend to coddle our celebrities, so I am not expecting Ms. Lohan to be sentenced similar to what an ordinary citizen would receive under similar circumstances. In my opinion, we are not doing Ms. Lohan or the public any favors by treating this crime lightly. There is no better way to catch a person's attention than to sentence him or her to a healthy dose of jail time.
Ms. Lohan is also a huge role model for thousands of would be actresses. I believe we send the wrong message to our youth when we treat celebrities as royalty, as if they are above the law. The impression we do not want our youth to have is that law enforcement gives these people special treatment because being drunk and out of control is are essential ingredients to their success.
In cases like this numerous commentators discuss the stress of the actress and the demands of their jobs as an excuse for their behavior. I agree that celebrities do suffer from a lot of stress. However, in no way can they be excused for drunk driving. Celebrities like Lindsay Lohan, more than most people, can afford a private driver, call a cab, or call upon a friend to drive them home.
From the defense point of view, there may be a "no drive" defense, given that the police did not observe Ms. Lohan driving and we know there were two other people in her car, who could claim to have been driving. However, as I tell my clients who face similar charges, we will not know what defenses, if any, are available until we see the police reports. In this case, the passengers may have told the police that Ms. Lohan was driving, and it appears there may have been a photographer that places her behind the wheel.
http://www.activeauthors.com/Article/Lindsay-Lohan-s-Hit-and-Run-Accident/2762
Child Support under Washington State Family Law
In Washington, the legislature has found that all parents have a responsibility to support their children, and that each child has a right to support from both parents. Furthermore, everyone knows the phrase, “dead beat dad (or mom)” and the problems it can cause. As a result, Washington State family law on child support makes it easy for an order of child support to be entered against a non-custodial parent, either by a Superior Court or an administrative agency. While it is fair to require all parents to support their children, the orders entered against non-custodial parents are not always fair payment requirements or back support amounts, especially if that parent was not represented by a competent Washington State family law attorney.
Child support is arguably more than just a legal requirement; it is an ethical requirement to support one’s children. But sometimes the zeal with which orders are pursued means the real facts and circumstances of each case are not given fair consideration. Washington State Family Law requires that the accurate incomes of both parties be considered. Furthermore, there may be facts and circumstances which preclude a obligor (paying parent) from paying what would be the full amount, like being temporarily unemployed or disabled. While Washington State family law policy is not to allow a parent to be free of a child support obligation due to such circumstances, the law does aim to be fair.
If you anticipate having a child support order entered against you through a divorce, paternity, or other Washington State Family Law action, contact McKinley Irvin and speak to one of our family law attorneys. We have extensive experience in child support actions, and we can make sure that your side gets a fair hearing. Children deserve support, but parents deserve to be treated fairly when determining that support. The Washington State Family Law lawyers at McKinley Irvin can do just that for you.
http://www.activeauthors.com/Article/Child-Support-under-Washington-State-Family-Law/2216
Child support is arguably more than just a legal requirement; it is an ethical requirement to support one’s children. But sometimes the zeal with which orders are pursued means the real facts and circumstances of each case are not given fair consideration. Washington State Family Law requires that the accurate incomes of both parties be considered. Furthermore, there may be facts and circumstances which preclude a obligor (paying parent) from paying what would be the full amount, like being temporarily unemployed or disabled. While Washington State family law policy is not to allow a parent to be free of a child support obligation due to such circumstances, the law does aim to be fair.
If you anticipate having a child support order entered against you through a divorce, paternity, or other Washington State Family Law action, contact McKinley Irvin and speak to one of our family law attorneys. We have extensive experience in child support actions, and we can make sure that your side gets a fair hearing. Children deserve support, but parents deserve to be treated fairly when determining that support. The Washington State Family Law lawyers at McKinley Irvin can do just that for you.
http://www.activeauthors.com/Article/Child-Support-under-Washington-State-Family-Law/2216
Monday, August 27, 2007
DUI Attorney
DUI Attorneys specialize in defending cases of DUI (Driving while Under the Influence)
DUI or DWI is a serious charge and applies to any instance where a person operates a motor vehicle on public roads while "under the influence" of alcohol or drugs both illegal and prescribed medications.
A DUI affects your criminal record (DUI may be classified as a misdemeanor or a felony, depending on past convictions) and can impact your driving privileges, your employment, your family.
If you are stopped and the police officer believes that you may be intoxicated you will be asked to perform a number of road side tests. If the police officer believes you are impaired you will be arrested for DUI.
You have various factors to consider when you’re arrested for driving under the influence. A DUI charge can have many serious consequences (going to jail, losing your driver’s license, losing work, fines to pay, length of program requirements and more).
DUI attorneys who have experience, know your rights, the courtroom procedure, the details of DUI laws, and who specialize in drunk driving analysis case defenses can help minimize the impact this charge will have in your life.
The proper legal help can use the laws to protect your interest. If you made a mistake do not make it more difficult by delaying any longer. Consult with a DUI attorney as soon as possible.
http://www.usattorneylegalservices.com/DUI-attorney.html
DUI or DWI is a serious charge and applies to any instance where a person operates a motor vehicle on public roads while "under the influence" of alcohol or drugs both illegal and prescribed medications.
A DUI affects your criminal record (DUI may be classified as a misdemeanor or a felony, depending on past convictions) and can impact your driving privileges, your employment, your family.
If you are stopped and the police officer believes that you may be intoxicated you will be asked to perform a number of road side tests. If the police officer believes you are impaired you will be arrested for DUI.
You have various factors to consider when you’re arrested for driving under the influence. A DUI charge can have many serious consequences (going to jail, losing your driver’s license, losing work, fines to pay, length of program requirements and more).
DUI attorneys who have experience, know your rights, the courtroom procedure, the details of DUI laws, and who specialize in drunk driving analysis case defenses can help minimize the impact this charge will have in your life.
The proper legal help can use the laws to protect your interest. If you made a mistake do not make it more difficult by delaying any longer. Consult with a DUI attorney as soon as possible.
http://www.usattorneylegalservices.com/DUI-attorney.html
Criminal Defense Lawyer
You need an experienced CRIMINAL DEFENSE LAWYER if you have been arrested or summoned to court on a criminal charge and now face the awful possibility of going to jail.
The goal of a good DEFENSE LAWYER is to defend individuals who have been accused of engaging in some questionable, immature, or unwise act and charged with that and any other related offenses prosecutors find by searching the Penal Code.
Your CRIMINAL DEFENSE ATTORNEY will protect your rights and ensures that both pretrial and trial are executed fairly and in accordance with the U.S. Constitution.
Hiring a reputable defense lawyer whose practice focuses on criminal law and who knows the judges and prosecutors of your local jurisdiction is definitely a plus.
Prosecutors usually dismiss the cases that are hard to prove and plea bargain on most of the others because there are so many criminal cases in most jurisdictions that they cannot possibly take all of them to trial.
Experienced criminal defense lawyers know how to bargain with the prosecutors and which ones tend to cut the best deals. He also knows the judges and how the one assigned to your case will respond to the terms of the deal and how far he can stretch a point before he gets the gavel slammed down on him. This knowledge is essential and can make a difference in case a judge is undecided on a certain issue and could rule either way. When you find yourself as a defendant in a criminal case, you need all the edge you can get.
The lawyer you chose must fit your case, personality, and bank account. A clear and honest communication with your criminal defense lawyer is very important. He must be always upfront with his opinions about your case, disclose how he intent to defend you, and what you can expect every step of the way. He must be tough and relentless, using motions to dismiss, motions to suppress evidence, and whatever legal maneuvering is needed to make sure justice will prevail.
An experienced and knowledgeable criminal defense lawyer knows the criminal code backwards and forwards, knows what to expect from judges and prosecutors, and is always prepared.
http://www.usattorneylegalservices.com/criminal-defense-lawyer.html
The goal of a good DEFENSE LAWYER is to defend individuals who have been accused of engaging in some questionable, immature, or unwise act and charged with that and any other related offenses prosecutors find by searching the Penal Code.
Your CRIMINAL DEFENSE ATTORNEY will protect your rights and ensures that both pretrial and trial are executed fairly and in accordance with the U.S. Constitution.
Hiring a reputable defense lawyer whose practice focuses on criminal law and who knows the judges and prosecutors of your local jurisdiction is definitely a plus.
Prosecutors usually dismiss the cases that are hard to prove and plea bargain on most of the others because there are so many criminal cases in most jurisdictions that they cannot possibly take all of them to trial.
Experienced criminal defense lawyers know how to bargain with the prosecutors and which ones tend to cut the best deals. He also knows the judges and how the one assigned to your case will respond to the terms of the deal and how far he can stretch a point before he gets the gavel slammed down on him. This knowledge is essential and can make a difference in case a judge is undecided on a certain issue and could rule either way. When you find yourself as a defendant in a criminal case, you need all the edge you can get.
The lawyer you chose must fit your case, personality, and bank account. A clear and honest communication with your criminal defense lawyer is very important. He must be always upfront with his opinions about your case, disclose how he intent to defend you, and what you can expect every step of the way. He must be tough and relentless, using motions to dismiss, motions to suppress evidence, and whatever legal maneuvering is needed to make sure justice will prevail.
An experienced and knowledgeable criminal defense lawyer knows the criminal code backwards and forwards, knows what to expect from judges and prosecutors, and is always prepared.
http://www.usattorneylegalservices.com/criminal-defense-lawyer.html
Personal Injury Attorneys and Law Firms
The goal of good PERSONAL INJURY ATTORNEYS is to help you with any type of litigation involving physical injuries.
Were you injured at home, on the job or somewhere else? There are personal injury lawyers and law firms that can fight for you.
Your personal injury attorney will protect your rights and ensures that your case is executed fairly and in accordance with the U.S. Constitution.
Hiring a reputable lawyer whose practice focuses on personal injury law and who knows the judges and prosecutors of your local jurisdiction is definitely a plus.
To collect an award the personal injury lawyer must establish negligence so he/she can prove that the defendant is liable.
Tell your lawyer your story and he/she will let you know if you have a legal case. In most cases, it won't cost you a dime to have the law firm staff examine your claim and let you know what options you have.
Let the personal injury attorney or law firm take care of the legal hassles so that you can concentrate on getting well. There are personal injury Law Firms that can fight for you if you have been injured at home, on the job or somewhere else. You can find the best attorneys for your personal injury case ONLINE.
Look for a lawyer or law firm that:
# Offers free initial consultations
# Charges only Contingent fees in injury cases
# Has successfully recovered millions in verdicts and settlements
# Work with a skilled staff of paralegals and legal secretaries
# Offers Personalized attention 24 hours a day -7 days a week
# Practices exclusively in personal injury law
http://www.usattorneylegalservices.com/personal-injury-attorneys.html
Were you injured at home, on the job or somewhere else? There are personal injury lawyers and law firms that can fight for you.
Your personal injury attorney will protect your rights and ensures that your case is executed fairly and in accordance with the U.S. Constitution.
Hiring a reputable lawyer whose practice focuses on personal injury law and who knows the judges and prosecutors of your local jurisdiction is definitely a plus.
To collect an award the personal injury lawyer must establish negligence so he/she can prove that the defendant is liable.
Tell your lawyer your story and he/she will let you know if you have a legal case. In most cases, it won't cost you a dime to have the law firm staff examine your claim and let you know what options you have.
Let the personal injury attorney or law firm take care of the legal hassles so that you can concentrate on getting well. There are personal injury Law Firms that can fight for you if you have been injured at home, on the job or somewhere else. You can find the best attorneys for your personal injury case ONLINE.
Look for a lawyer or law firm that:
# Offers free initial consultations
# Charges only Contingent fees in injury cases
# Has successfully recovered millions in verdicts and settlements
# Work with a skilled staff of paralegals and legal secretaries
# Offers Personalized attention 24 hours a day -7 days a week
# Practices exclusively in personal injury law
http://www.usattorneylegalservices.com/personal-injury-attorneys.html
Subscribe to:
Comments (Atom)