Saturday, July 11, 2009
FYI
Courts in California are considering closing every 3rd Wednesday of the month to save money. If you wait until the last minute to deal with your case, you may find yourself looking at a closed court room. And, just because the court is closed, doesn't mean you get extra time to deal with your case. If your case is due on that Wednesday and the court is closed, guess what? You're case is now late and you may end up owing more money.
Check It Out
Driving on southbound hwy 99? If you're in Northern Madera, check out our new billboard. It faces southbound traffic just south of the Pilot Travel Center.
Did You Know?
Did you know that you can request your ticket be sent to the county seat? When a cop writes you a ticket, he will send the ticket to the nearest court city. However, you can ask that your ticket be sent to the county seat. In many counties, the county seat is preferable to the local court. The county seat is going to be busier and more likely to deal than a local court.
Wednesday, June 10, 2009
Got A Question?
Got a ticket? Just have a question about what you can do or should do? E-mail info@truckerdefense.com and I'll be happy to help.
Don't Go to Trial by Mail
Sounds good right? You can save time and money by doing your trial by mail. The courts call it "Trial by Declaration" and all you have to do is write down your side of the story. Too good to be true? YES!! Don't be fooled--you are going to lose! The cop is going to write his side of the story too and the judge is going to believe the cop. It is always better to give your side of the story in person. And it is still better to let an attorney tell your story.
Sunday, November 2, 2008
Common Myths About Traffic Tickets
Myth No. 1:
If the officer makes any mistake on your ticket, the case will be dropped.
A ticket should be seen just as an accusation and a basis for prosecution that must be factually valid and proved in court. Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. It is material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, that can be used to help win a case.
Myth No. 2:
If the officer doesn't show up in court, you automatically win.
Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court.
However, in some courts, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. In most cases an officer not showing up will result in a dismissal, but there is no guarantee. It all depends on the court and the judge.
Myth No. 3 :
You can make up an excuse to get out of the ticket.
Most police officers aren't interested in excuses. When an officer pulls you over, he already suspects you. Any explanation you give about why you were speeding is an admission that you were speeding. If an officer logs those explanations in his notes, the statements could later be used against you in court. That's why, whenever an officer asks if you know why you've been pulled over, answer "no" and just take the ticket. Never admit to anything in the process of talking. Just be polite with the officer. Most officers are more willing to make a deal in court if you were polite when you got the ticket.
Myth No. 4:
If you don't sign the ticket, it will be dismissed.
Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court. Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny. And, argue too much and all you will get is a trip to jail. There is no reason to make a bad situation worse.
Myth No. 5:
You Don't Need an Attorney--It's just a Traffic Ticket
If you depend on your license for your job, you know there is no such thing as "just a traffic ticket." Points mean a suspension and a suspension means you don't drive. Isn't it worth hiring someone who can help? Don't lose your job because you don't want to pay for an attorney.
If the officer makes any mistake on your ticket, the case will be dropped.
A ticket should be seen just as an accusation and a basis for prosecution that must be factually valid and proved in court. Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. It is material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, that can be used to help win a case.
Myth No. 2:
If the officer doesn't show up in court, you automatically win.
Though this may happen in many cases, there's nothing automatic about it. Most judges will drop a case if the officer does not appear in court.
However, in some courts, a case is scheduled at a time to help ensure the officer is present, or a judge will reschedule the case altogether. In most cases an officer not showing up will result in a dismissal, but there is no guarantee. It all depends on the court and the judge.
Myth No. 3 :
You can make up an excuse to get out of the ticket.
Most police officers aren't interested in excuses. When an officer pulls you over, he already suspects you. Any explanation you give about why you were speeding is an admission that you were speeding. If an officer logs those explanations in his notes, the statements could later be used against you in court. That's why, whenever an officer asks if you know why you've been pulled over, answer "no" and just take the ticket. Never admit to anything in the process of talking. Just be polite with the officer. Most officers are more willing to make a deal in court if you were polite when you got the ticket.
Myth No. 4:
If you don't sign the ticket, it will be dismissed.
Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court. Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny. And, argue too much and all you will get is a trip to jail. There is no reason to make a bad situation worse.
Myth No. 5:
You Don't Need an Attorney--It's just a Traffic Ticket
If you depend on your license for your job, you know there is no such thing as "just a traffic ticket." Points mean a suspension and a suspension means you don't drive. Isn't it worth hiring someone who can help? Don't lose your job because you don't want to pay for an attorney.
Tuesday, October 21, 2008
Defective Trucks: What to Do When You’re Stuck with a Lemon
Sergei Lemberg, an attorney specializing in lemon law [http://www.lemonjustice.com/blog] is sitting in the guest blogger’s chair today.
The Seymour Law Group works hard to help you protect your license, because they know that a valid license is what keeps you on the job. But what happens when you’re an owner-operator, or if you own a company that buys new trucks, and the truck turns out to be defective. That could threaten your job – and your life – in unimaginable ways.
Every state in the U.S. has what’s called a new car lemon law, designed to give people recourse if they find that they’ve purchased defective vehicles that the dealer or manufacturer can’t or won’t fix. Some states cover vehicles that are used for business, but there are often restrictions on the types of business vehicles that are covered. In California, for example, vehicles are covered only if the owner or company has no more than five vehicles registered in California. More important to truckers, however, is that California only covers vehicles with a GVW of under 10,000 pounds. In contrast, Connecticut has one of the most comprehensive lemon laws in the country. Under that state’s law, even trucks are covered.
It pays to check out the lemon law in your state and the state where you purchased your truck. But even if the state lemon law doesn’t cover manufacturer’s defects, you still have recourse under Section 2 of the Uniform Commercial Code, which has provisions covering breaches of warranty. Specifically, when you buy a truck, there are possible causes of action for breaches of express warranties, implied warranty of merchantability and a warranty of fitness for a particular purpose.
If it becomes apparent that your truck has defects that affect its safety, use, or value, it’s important to keep track of when the problems occur and what steps you (or the repair facility) take to fix the problems, as well as copies of repair orders and any correspondence. This will help establish your case. Given that the window of opportunity for filing a lawsuit is limited, you should contact a lemon law attorney earlier rather than later. She or he can guide you through the process to ensure that your truck – and your livelihood – remains on the road.
The Seymour Law Group works hard to help you protect your license, because they know that a valid license is what keeps you on the job. But what happens when you’re an owner-operator, or if you own a company that buys new trucks, and the truck turns out to be defective. That could threaten your job – and your life – in unimaginable ways.
Every state in the U.S. has what’s called a new car lemon law, designed to give people recourse if they find that they’ve purchased defective vehicles that the dealer or manufacturer can’t or won’t fix. Some states cover vehicles that are used for business, but there are often restrictions on the types of business vehicles that are covered. In California, for example, vehicles are covered only if the owner or company has no more than five vehicles registered in California. More important to truckers, however, is that California only covers vehicles with a GVW of under 10,000 pounds. In contrast, Connecticut has one of the most comprehensive lemon laws in the country. Under that state’s law, even trucks are covered.
It pays to check out the lemon law in your state and the state where you purchased your truck. But even if the state lemon law doesn’t cover manufacturer’s defects, you still have recourse under Section 2 of the Uniform Commercial Code, which has provisions covering breaches of warranty. Specifically, when you buy a truck, there are possible causes of action for breaches of express warranties, implied warranty of merchantability and a warranty of fitness for a particular purpose.
If it becomes apparent that your truck has defects that affect its safety, use, or value, it’s important to keep track of when the problems occur and what steps you (or the repair facility) take to fix the problems, as well as copies of repair orders and any correspondence. This will help establish your case. Given that the window of opportunity for filing a lawsuit is limited, you should contact a lemon law attorney earlier rather than later. She or he can guide you through the process to ensure that your truck – and your livelihood – remains on the road.
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