Posts Tagged ‘law’

Five Mistakes You Don’t Want To Make Before Battling A Traffic Ticket

Saturday, September 4th, 2010

There have been, over the years, some pretty pathetic defense strategies when it came to fighting a traffic ticket. Someone would read some information somewhere or use some advice from a relative or friend.

Below I have listed the top five mistakes you can make when fighting your traffic ticket. I hope you too will see the futility in them and refrain from using these worthless defenses.

Mistake #1- Delaying the traffic court date

The rationale for this, some say, is that the longer you can delay traffic court for your traffic ticket, the likelier the chance the police officer won’t show up at your court date.

Simply delaying your traffic court trial will not increase your chances of beating your traffic ticket.

Lets say that you do get your traffic court date pushed back. What if the police officer still shows at court?

Traffic officers get paid overtime to be in traffic court. They don’t bring them off their patrols to be there.

Mistake #2- Requesting evidence before traffic court.

By law you do have a legal right to see everything the prosecution plans to convict you with. This process is called ‘discovery’ and can be useful in a murder trial. But this isn’t a murder trial and doing so can actually hurt your case.

When you make a motion for discovery and request evidence before your trial, this sends red flags to the prosecution that you are planning a good defense. He’ll take it as a challenge and will prepare his case so efficiently that it becomes almost impossible to win.

Don’t request anything or even contact the courthouse at any time prior to your trial about your traffic ticket. DO NOT let them know you are familiar with the traffic court process.

Mistake #3- Doing too much needless research.

Who likes to spend their free time at the courthouse researching boring piles of books pertaining to law? Trust me, there is no need in doing this.

For most traffic tickets it is pointless to read up on case law before traffic court. Except on the rare occasion that you may want to see how a certain statute is worded.

Mistake #4- Attacking the officer’s credibility

If you go to traffic court with the idea you are going to attack the officers credibility, don’t waste your time. You can forget getting your traffic ticket dismissed. Saying the officer didn’t use the equipment properly, or that he singled you out or any number of other excuses are useless.

Challenging the officers training of a radar gun will always draw scrutiny from the judge. He will take the officers side and will insist you ask the next question.

Its just understood that the officer has the proper training on the speed detecting equipment he or she used to give you a traffic ticket. There’s no question about it. Say you do try this defense, where are you going to get the evidence the judge will ask for to support your claim?

Mistake #5- Going to traffic court unprepared

This may be the biggest mistake individuals make when they try to fight a traffic ticket. They go into traffic court thinking they did their homework, when in reality they had no idea what they were doing, and end up paying the traffic ticket.

And then there are the people who show up to traffic court thinking the judge will have pity on them if they just tell their side of the story. Yeah right!

Look, I know the thought of going to traffic court can be a little scary for some, but this isn’t a murder trial. It’s just a simple traffic ticket. Traffic court is set up to be extremely ‘user friendly’ due to the large amounts of people who go there every day.

Avoid these five mistakes and you will have a better chance of winning your case in traffic court and getting your traffic ticket dismissed.

Want to find out more about traffic tickets, and how to beat them? Then visit Steven Swihart’s site for the the best advice and information on traffic violations.

Read These Astonishing Speeding Ticket Facts!

Thursday, September 2nd, 2010

On average, over 100,000 drivers get speeding tickets every day. Thats 36,500,000 traffic tickets yearly.

One in every six drivers will be ticketed for speeding this year.

Average speeding tickets cost $150.

$150 x 36,500,000= $5,475,000,000! Thats almost 5.5 BILLION per year in speeding ticket fines.

The average raise in insurance costs for one speeding ticket over the course of 3 years is $900.00.

Take 36,500,000 and multiply by $900 and you get 3.28 BILLION! Thats the extra money auto insurance companies make in increased premiums.

More than 95% of drivers who get speeding tickets will simply pay the fine and not fight it in traffic court.

Of the 5% of people who do go to traffic court to contest their ticket, a large percentage will either have the charge reduced or the ticket dropped altogether.

There are 196,000,000 licensed drivers in America today.

40% of the time the police officer doesn’t show up in traffic court. This is grounds for dismissal.

The first city in the US to use the photo radar was Paradise Valley, AZ in 1987.

In 1966 Brooklyn Ohio was the first city that mandated the use of seat belts.

The age groups between 17 and 24 years of age receive the most speeding tickets.

More males than females receive speeding citations.

More women than men fight their speeding tickets in traffic court.

17 year olds cause more traffic accidents than any other age.

In July 1879, two men are fined for speeding horses in Seattle.

Henry Ford’s first motor vehicle, built in 1894, only went forward.

Traffic lights were used before the advent of the motorcar. In 1868, a lantern with red and green signals was used at a London intersection to control the flow of horse buggies and pedestrians.

Since 1999, Washington, D.C. cameras have issued 2,421,841 tickets worth $182 million.

The wife of the Prime Minister of Canada has the first known filed speeding ticket on record. She was busted doing almost a tremendous 10 mph above the posted speed limit.

Doctors receive the most speeding tickets than any other profession.

In salary and benefits an average police officer will cost a city around $75,000 a year. He will also make the town an average of $150,000 in that same year. Cops are good investments.

The top 10 states for giving out speeding tickets are:

1. Ohio 2. Pennsylvania 3. New York 4. California 5. Texas 6. Georgia 7. Virginia 8. North Carolina 9. Massachusetts 10. Connecticut

Learn how to fight your speeding ticket in traffic court. Stop by Steven Swihart’s site where you can find a lot more advice to help you challenge your traffic violations successfully.

Your Guide On How To Fight Speeding Tickets

Wednesday, September 1st, 2010

Have you been pulled over and received a speeding ticket? Then rest assured there are ways you can fight speeding tickets, without a lawyer.

Gather evidence: When fighting speeding tickets, ask the traffic court to see the official documents, like calibration records for either the radar gun or speedometer used to clock your car. File a discovery request with the prosecutor so you can always examine documents in advance for flaws. But note that if you subpoena documents, you’ll remind the officer of the incident, which may prompt him/her to show up in court.

Beat the beam: When you fight speeding tickets, note that speed-measuring devices such as radar and laser (a.k.a. LIDAR, or Light Detecting and Ranging) are subject to human error. In some instances, officers have failed to give sufficient proof of proper LIDAR positioning, and subsequently the cases were dismissed.

Fight speeding tickets with technicalities. Simple things missing from the ticket can get it thrown out. It may be rare but if something as simple as the lack of the officers signature missing, or if it or the badge ID number is not readable then it could be dismissed.

Be Brief: When fighting speeding tickets, keep in mind that judges don’t have a lot of time. Give a brief report. Additionally, use of visual evidence, such as a photo of a road sign obscured by foliage may help your case.

You can sometime fight speeding tickets and win by default. If for instance the officer doesn’t show up in traffic court, and if the court prosecutor asks for a continuance then you should object to this. The ticket should be thrown out if the officer does not have a valid reason for missing traffic court.

Speeding tickets can raise your insurance, cause accidents and other hazards. The best way to avoid receiving a speeding ticket is not to speed!

Want to find out more about how to fight speeding tickets? Then visit Steven Swihart’s site for all things traffic violation related, and learn the in’s and out’s of the traffic court system.

What’s The Difference Between Moving Violations And Non Moving Violations

Wednesday, September 1st, 2010

There are two broad categories of traffic tickets. Knowing which you have is important when determining what to do in your situation.

A lot of times when you have a minor violation and it wont result in any points on your license its best to go ahead and pay it and avoid trying to challenge it in traffic court.

Traffic violations come under two main headings. They can either be moving violations or non moving violations. They usually involve smaller fines and can be something as simple as a parking or headlight ticket.

These can be a nuisance but at least they wont go on your driving history or be reported to your auto insurance.

Non moving violations can be things such as not wearing your seatbelt, a broken headlight or improperly parking your vehicle.

In most cases these should just be paid. It can be a big hassle to go to traffic court for these kinds of violations. The reason is the fines for these are usually no more than $50 or so, and you could end up being in traffic court for hours. Not worth it in my judgment.

But if you felt the ticket was given unjustly, you should always attempt to resolve it in some way. For example a broken head light ticket will usually be tossed if you show proof you fixed it.

Moving violations are a violation of the law committed while the vehicle is in motion, and this term ‘motion’ distinguishes it from a non moving violation. While most moving violations are considered misdemeanors or infractions, more serious violations can be felonies.

In most places, moving violations involve fines which must be paid as well as punitive points assessed to the license of the driver. As a driver accumulates points, he or she may be required to attend defensive driving lessons, re-take his or her driving test or even surrender his or her license.

Here in the United States, citation fines are nominal dollar amounts, usually between $50 and $500. In some countries, however, they are proportional to the violator’s income and fines in excess of $100,000 can be assessed to wealthy individuals.

More common moving violations can include speeding (THE most common), failure to secure a load, failure to yield right of way, violating high occupancy vehicle lanes, or not stopping for a pedestrian.

Some of the more serious types of moving violations can include racing, driving under the influence, and vehicular homicide.

A traffic violation can also be civil or criminal in nature. They both carry points and fines, but only a criminal charge can wind you up in jail. The sentence in a criminal case can result in an order to pay a fine, a sentence of probation or time in a jail.

The sentence imposed in a criminal case is an obligation that a person has towards the “state” for violation of law; that is, it is a punishment for the act that was committed. The ’state’ could be a local township, municipality, city, county, state or the federal government. These are moving violations to avoid at all costs, obviously.

Learn more about different moving violations. Stop by Steven Swihart’s site where you can find out all about fighting traffic tickets for your individual needs.

How To Go To Traffic Court And Beat A Speeding Ticket

Tuesday, August 31st, 2010

If you are charged with breaking the law, such as getting a speeding ticket, in the eyes of the law everyone is supposed to be treated equally. Just because someone has been charged doesn’t mean they are guilty, a court must determine this.

Same is true with speeding violations. You can beat a speeding ticket by knowing your rights which, although requires effort, can guarantee you the best chances of having the case dismissed.

For some tips on how to beat a speeding ticket lets start at the beginning, when your getting pulled over. You absolutely have the right to limit any answer you give the officer to a simple but polite ‘yes officer’ and ‘no officer’. Everybody has heard of the Miranda Rights, but what it actually means is you have the right to NOT admit guilt, or answer any question that might hint at self incrimination. Especially without a lawyer present.

But, you DO want to be cooperative by providing your basic details such as drivers license, proof of auto insurance, and other things such as your name. Your right to be silent does not pertain to these.

If you want to have any chance to beat a speeding ticket, you want to be civil to the officer who pulled you over. Doing stupid things like insulting the police officer or losing your temper will guarantee you get ticketed, and possibly even add to your charges. Courtesy and respect can go a long way toward getting you out of a traffic violation. And besides, the side of the highway isn’t the best place to discuss your side of it.

You are not actually guilty until a judge finds you so in traffic court. And the burden of proof has to be provided by the law enforcement official who actually wrote the traffic citation. So don’t be afraid to defend yourself in court and try to beat a speeding ticket.

Try to remember specific facts about what happened before and while you were pulled over. Being vague wont help. Its easier than most think to beat a speeding ticket, the court gives both sides equal opportunity to present their side.

Some people will bring a lawyer to court, I personally don’t think it is necessary as most people prefer to represent themselves and have a good chance to beat a speeding ticket by simply stating the facts clearly.

You also have a right to have a speedy trial as the court recognizes the constraints to work and personal life of attending court proceedings. Also, you can point out lack of evidence or delay trials in case the officer-in-charge does not show up in the proceeding.

You are also free to request for alternatives aside from payment, such as attending traffic schools or doing community service. Beat a speeding ticket by checking out all the options that the law has provided all who are facing charges.

If you are able to beat a speeding ticket, the benefits can be many. Keeping your driving record clean will in turn keep you auto insurance lower, and can also affect the outcome of a ticket you may receive in the future.

Abuse and biases are not tolerated by law, so expect it to be an ally in trying to beat a speeding ticket, although it can be punishing once you are not careful enough to avoid violations.

Learn more on how to beat a speeding ticket. Stop by Steven Swihart’s site where you can find out all about traffic court, and how to successfully defend yourself against all traffic violations.

categories: speeding tickets,law,automobile insurance,driving,law enforcement,family

General Notion On How The New Bill On Health Care Affects The Majority Of The US

Friday, August 27th, 2010

The new health care bill is very complex and complicating. This new bill affects everyone in America differently. Due to the complexity of this bill and how it affects us as individuals, this bill can be kind of hard to understand.

Here is the general idea of how it will affect the majority of the US:

The first part of the plan to take place in 2014 is the requirement of all low income families to have health insurance. If they do not have insurance, they will be required to purchase health insurance, or pay a hefty penalty in excess of $2,000.

If your family already has insurance, then it is likely you won’t see much of a change. There may eventually be a decrease in your rates, but this is not for certain.

Whether or not your insurance rates will change will depend on how many people are added into your insurance provider’s insurance pool.

The biggest effect will be on the small businesses, which will be required to have health insurance purchased. However, they will receive funding and tax breaks

The tax amount will be raised in the higher income brackets to help offset some of the costs in the lower income brackets. While there will still be a cap in how much will be taxed, the higher income bracket will still see an increase of a couple thousand dollars a year.

There will be some companies that will find a way around this requirement, but the majority of companies will be required to offer insurance of some sort to their employees.

It’s quite obvious that the biggest effect that this bill will have on the country is the required health care. However, there is still time to learn more about how to work with this new bill.

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Protect Yourself From Speed Traps!

Monday, August 23rd, 2010

Speed traps are places commonly known to people where law enforcement writes more traffic tickets on average than other places. These are something all fifty states have in common.

The most common areas for these hidden speed traps would be streets where the posted speed limit is not easily seen, or areas of fluctuating speed limits. It’s very easy to catch unsuspecting drivers ‘breaking the law’ in these particular areas.

Speed traps are also found in small towns and cities, usually near a major highway where travelers are unlikely to return to challenge a speeding ticket. Another way that police manipulate the roads to catch unsuspecting drivers in speed traps are on long stretches of highway. They’ll take two distinct markers on the road and measure the distance between them.

With the use of a stop watch, an officer will calculate how long it takes for a vehicle to cross from one marker to the next. Once the officer has this time on his stop watch, he’ll then use a mathematical formula to calculate your speed. If your speed was above the speed limit, another officer will be radioed further down the road and you (the driver) will be pulled over.

The legality of so called speed traps has been hotly debated for years. Politicians and law enforcement officials alike always sing the same song, that its done in the name of saving lives. They take us for fools, because we all know its to increase the revenue. Increasing revenue is always good to a city’s bottom line.

The plain and simple truth to the whole matter is that these deceptive means of traffic enforcement are illegal and unethical. The fleecing of America through speed traps is a multi billion dollar industry!

Next time your in your vehicle protect yourself from speed traps. And if you are planning on going on a road trip, do some research beforehand on the internet to determine where likely speed traps might be.

Learn more about speed traps. Stop by Steven Swihart’s site where you can find out a lot more information and advice on traffic violations of any kind, and how to beat them in traffic court.

Your Driving Record Can Help You In Traffic Court

Sunday, August 22nd, 2010

Most driving records contain inaccuracies that could cause you to pay hundreds of dollars more per year in auto insurance! Are you paying too much for auto insurance?

Well, if your record has a mistake on it… then you could be paying hundreds of extra dollars in insurance premiums each and every single year!

According to a study done by the Insurance Research Council, 22% of peoples driving records had inaccuracies listed in them. These inaccuracies could account for increased auto insurance premiums.

There are various reasons these mistakes occur but the more common reason can be traffic violations that have been dismissed and haven’t been taken off the record.

Other mistakes result from clerical errors where a person will input the wrong information on an individual.

Believe it or not mistakes on a your driving record can prevent you from getting certain jobs, and as previously mentioned raise your auto insurance rates.

Mistakes such as these can be especially detrimental if your job requires you to drive a lot, or if you drive a company vehicle.

If you do not disclose to your employer items contained in your driving record before they do a background check it can be seen as an omission, which can either cost you your job or prevent you from being hired in the first place.

A good driving record can be a big plus In a traffic courtroom when fighting a speeding ticket. If you have a good driving record, then taking a copy with you to court will do wonders to help you fight the charge against you.

Even if they already have a copy of your driving record pulled up, by having your own it impresses upon the judge that you are a good driver and to take it into consideration.

Judges always give special leniency to those with good past driving histories. Also, by having purchased your own, it shows the judge that you are concerned about what this traffic ticket can do to your clean driving record, and auto insurance, and as such he will be more willing to drop the charge against you to one that won’t show up on your record.

So do yourself a favor and maybe even save yourself a lot of money in auto insurance premiums by getting a current copy of your driving record today.

Want to find out more about your driving record? Then visit Steven Swihart’s site for information and advice on traffic violations and what you can do about them.

categories: driving history,driving record,traffic court,traffic law,legal,law,auto insurance,automotive,advice,family,reference

The Idea Why Teens Tend To Raise Insurance Costs

Friday, August 20th, 2010

According to recent studies it s far more likely that a teenager will be involved in a car accident than an adult. Whether this is down to making bad judgments or whether it is because teenagers tend to drive faster than many adults is quite immaterial.

Armed with all of these facts it is little wonder that when you are looking for car insurance deals and the policy includes a teenager then you are guaranteed that the price is going to be very dear indeed.

The cost of family insurance policies can vary depending on which state you live in. The average cost of the family insurance [policy can be anywhere in the region of $1,800.00 per year.

The sad thing is that when you decide to add a teenager onto this policy you will definitely se the cost increase. The amount of the increase can be as little as 50% or as high as 200% of the original cost of the policy.

This is mainly due to the fact that insurance companies class teenagers in the high risk bracket when it comes to drivers. Just one look at the figures tells you why this is the case. But there are certain ways in which you could get some decent discounts for teenage rivers.

Insurance companies will give discounts to teenagers that they believe to be responsible and careful when driving. The teenager that fits this bill is the one with good high school grades. So if you have a teenager that is doing well at school you should check to see if you are eligible for these discounts.

Insurance companies also offer good discounts to teenagers that have been to traffic school. This is because they are aware of all the rules and should drive safely which would mean that they do not get as many traffic tickets as other teenagers.

Finally you could make sure that the car they choose is not a flashy sports car but a practical car. Insurance companies look at sports cars as enticing the teenagers to go faster and that will also push up the insurance premiums.

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Prevent Your Disability Claim From Being Denied

Wednesday, August 11th, 2010

If you have been injured at work, and are unable to return to your employment duties, you are probably very concerned. Having to provide familial support and pay bills without a paycheck is not an easy task. Will you try to navigate the disability claims process on your own, while worrying about the associated financial difficulties? Will you take a wait-and-see posture? Or will you seek out the services of a paralegal provider who will help to prevent your disability claim from being denied?

Disability paralegal representatives are trained in the process of applying for benefits. For individuals suffering from disabling conditions, the professional guidance and advocacy they receive enables them to survive the complex process of proving their case and waiting for decisions from examiners. The experts also help to prevent some of the pitfalls experienced by individuals who have no knowledge of the criteria and rules regarding disability benefits.

A significant percentage of applications by disabled people are denied. At least 50%, and much greater numbers in some states, are turned down for various reasons. It is helpful to have someone who has studied the regulations and knows the angles for increasing the chances that you will win your case.

The paralegal will file for disability benefits as soon as you are unable to continue working due to your condition(s). Many people wait so long to apply that they become financially unstable while awaiting the results of their application. It is better to begin the process as soon as possible.

One of the most important pieces of information examined regarding your case is your medical records. Paralegal service providers readily communicate with other professionals, so as to expedite delivery of necessary documentation. The records are submitted along with the application. The process is much quicker than the usual way, in which medical records are ordered only after the examiner receives the first application from the disabled individual.

Paralegals often work with physicians to obtain statements that favorably influence disability examiners. When a report just identifies an injury or illness, there is not enough reason to proclaim that a person cannot work again at the same job or learn to perform other duties. It is necessary for the physician to specify exactly how and for how long the claimant is affected in regard to work ability.

If your application has been submitted correctly and completely, the result may still be a denial of benefits. There will normally be a process of appeal. This is the time for you to secure a Ontario disability lawyer, if you haven’t already done so.

Just as in other adjudication settings, people have more positive results when they secure professional representation. Because Social Security disability hearings are heard by administrative law judges, a person who is knowledgeable about such matters will give credibility to your case.

One quality that contributes to the credibility of paralegal service providers is objectivity. The Toronto disability lawyeris able to present factual, documented data about the actual impairment and resulting inability to work, whereas the person with the disability is more likely focused on emotional content regarding the injury. The advocacy provided a paralegal disability specialist will very likely prevent your disability claim from being denied.

Don’t be a victim of your disability! Consult a Toronto disability lawyer about disability concerns. If you are unsure of your rights, make an appointment in Ontario disability lawyer.