mardi 28 juin 2016

Traffic Lane Violations: Fighting a Ticket for Driving on the Wrong Side of the Road, VC 21650

My question involves a traffic ticket from the state of: California

I was cited for traffic code 21650 violation - Driving on the wrong side
I seek your advice as to how much merit my case has and how I should fight the case- In person or by written trial

Here is description of the event-
It was about 7:30 PM in May and I was driving on a surface street and there was very less traffic on either sides.
As I was driving I noticed that ahead of me my side of the street was blocked by a police car with flashing lights.
There was no traffic coming from the other side. There was no cop to guide the traffic. But I saw a cop standing in the middle of the other side of the street.
I did not know where I was supposed to go. I slowed to down to 5 miles per hour and went close to the cop to ask for direction as where I was supposed to go. As soon as the cop saw me he said " you are on the wrong side of the street and I will have to site you a ticket".
He was not in the mood to listen to anything I would say. I was pulled over and cited a ticket.


After a few minutes of being pulled over and while i was waiting in my car- I noticed that there were some cars driving on the same side as I was and did exactly what I did - slowed down and try to come to the cop to ask where should they go thinking that the traffic was being diverted.
The cop did not give ticket to any of those drivers and let them go with a warning.

I noticed that the reason there was no oncoming traffic was that at say 100 feet distance from where the cop was standing the other side of the street was also blocked.
I then noticed that there might have been an accident before at the location and cops where there to investigate.


Now as per the code 21650 (F)-
21650. Upon all highways, a vehicle shall be driven upon the right
half of the roadway, except as follows:
(F) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.

Can I use this part of the code in my defense? I want to give a fight to this ticket. I am also open to arguing in person before the judge or to a written trial.

This is my first ever ticket in 13 years of driving in the USA and I really don't think I made any mistake in this case. I did not put anyone's life in danger; I was driving at 5 miles per hours and my intention was only to ask the cop where I am supposed to go.

Please advice.


Traffic Lane Violations: Fighting a Ticket for Driving on the Wrong Side of the Road, VC 21650

Traffic Accidents: Can an Injured Driver File One Lawsuit for Two Separate Accidents

My question involves an injury that occurred in the state of: WA

A driver who has a history of distracted driving gets in a MVA that they may or may not have been able to avoid depending on their driving style.
They are taken to ER and no notable or significant injuries are found but six months later they sue insured other driver for claimed lower back injury that may or may not have been pre-existing, plus loss of consortium (55 yr old woman claims used to have intercourse seven days per week), etc, etc.
Defendant's auto insurance assigns contracted counsel who barely pays attention to case and it drags on to within one week of SOL running out (defendant was never legally served).

Plaintiff counsel then moves at the brink of SOL for dismissal of defendant without prejudice and at the same time files another P.I. suit introducing a co-defendant. Apparently a year and a half after the first accident Plaintiff had gotten into another MVA. Her same counsel combines both defendants into one lawsuit. That defendant was more likely the at-fault driver in that accident and the suit is for aggravation of alleged injuries from first accident plus alleged carpal-tunnel syndrome acquired from the second. Case is set for arbitration ($50K damage limit in WA) until Plaintiff counsel realizes that added defendant's policy has $100K limit and suddenly plaintiff's injuries from second accident get worse (big surprise). Case is switched to request for jury trial. It then drags on and on with multiple verbal promises of moving along by Plaintiff counsel that never materialize. Contracted counsel for first defendant is so lackadaisical he doesn't take the time to copy his client multiple case filings. Four years after the lawsuit was filed against his client he has never even met with him. Defendant's insurance policy premiums were paid on time for 30 years and had no significant accident hx or claims filed ("US**, "We Know What It's Like to Serve". Now I know what it is they serve).

That is the four year background of the case; now the Question:
Given that initial Defendant counsel does not seem to care or is incompetent and subsequent co-defendant has a reputable legal firm representing them, can initial defendant discuss the case (off the record) with that counsel? Issues would be: Plaintiff stated upon deposition that she had never been arrested, yet she was arrested for DUI in past and has case #/conviction; Plaintiff has been ticketed for distracted driving: speeding while on cell phone; WSP once issued a speeding ticket to her for 13 mph-over after pacing her for over a mile right along side of her while she was absentmindedly occupying the left lane. It seems like a better driver might also not be so accident-prone. There are also multiple misstatements of fact in the record pertaining to the first accident, plus the primary Plaintiff witness is an incarcerated felon of questionable reliability and truthfulness established in his past Court records. The accident report has damage drawn on the wrong end of the car and the officer/badge is converted to the wrong Police Department somewhere along the course of the record. There is more (like indications that Plaintiff has opioid-seeking tendencies in pharmacy records) but I doubt any of this has been conveyed to co-defendant's counsel. It seems to me that there is a common interest for both co-defendants that, if made evident to the Court, a high dollar award is on shaky ground given all of the loose ends. It should never been moved up from Arbitration. Can initial defendant share this info with co-defendant's counsel?

I can't help but wonder: is there a conflict of interest somehow since US** is initial defendant's policy for liability and plaintiff also has US** for under-insured motorists if defendant's limits are exceeded; why wouldn't they assign more effective counsel?? Are they sand-bagging to drive defendant to seek competent counsel on their own? They have repeatedly stated verbally that initial defendant will be settled for their limits and no more, but representation on both sides has not been trustworthy.

I apologize for the long-winded post, but date of the first MVA was in 2011. Now within past two weeks Plaintiff counsel is Judge-shopping. No details re his justification for Affidavit of Prejudice; but why did he wait to prolong Settlement Conference scheduling until just now? I have heard that dragging a P.I. case out for a long time tends to add some perceived or virtual credibility to the claim. What are we waiting for, plaintiff's next MVA to tag on another defendant?

We are on fixed income, so our US** coverage is our only hope. No, I am not going to waste my time with a Bar complaint and in reality there is no such thing as legal malpractice. It is a "don't bite the hand that feeds" situation.


Traffic Accidents: Can an Injured Driver File One Lawsuit for Two Separate Accidents

Enforcing Custody Orders: What Happens if the Custodial Parent Doesn't Encourage Visitation

What happens if custodial parent does not encourage 14 yr old boy to visit the NCP? For 7 yrs the father of my children and his wife alienated my children from me by moving when I found their home and changing number when I finally got them. They have also told the kids that I do not love them and that I abandoned them. I was finally able to save for an attorney and when I found their new home I served them for enforcing visitation. Initially I asked for full custody on parental alienation grounds. The judge wasn't happy hearing about the alienation, because it is a hard case to prove. I have plenty of proof but hired a lousy lawyer who did not file any of it. Now I am getting 1 weekend a month visits, my ex and more so his wife is causing so much trouble that the kids are now saying they hate me and dont want to go with me to my home in Vegas. We drive to Idaho every month to see them. Which is hard on the pocket book, but worth the sacrifice. My next visit is this weekend and I m worried my 14 yr old will refuse to go with me, as he is the one who is being very disrespectful and telling me he hates me, and not telling me why but hanging up on me. I need advice on how I can mend this relationship with my children. Please help I will listen to any and all advice. Please don't resort to judgment, as I realize I made a mistake in waiting so long to retain a lawyer, but that is in the past, I need advice for moving forward.


Enforcing Custody Orders: What Happens if the Custodial Parent Doesn't Encourage Visitation

Holland Tunnel Guns - Heroes or Criminals

This got national attention last week and seeing as I know one of the individuals personally, thought I'd post it here to see what everyone thought.

Backstory - 3 individuals from PA were on a mission to save a girl in NYC from drugs when they were stopped by Port Authority police with a truck full of guns.
http://ift.tt/290ECrR

Subsequently, all 3 have been charged with weapons violations and possession of drugs violations. My friend is currently sitting in jail with a $75,000 cash-only bail option. His lawyer (a high profile criminal defendant) has failed once with bail reduction and has stated he will wait 30-60 days until media exposure dies down to request a reduction a second time.

As a licensed firearm owner, these 3 screwed up royally. But as I said, I know one of the individuals personally and know he was only along for the ride to create a documentary.

What are everyone's thoughts?


Holland Tunnel Guns - Heroes or Criminals

Sex Offenses: Police Trap Am I at Fault

Hi. A friend of mine engaged with a female on kik messenger after seeing a post on twitter saying that she was looking to exchange nudes. The pictures she had looked well over 18. So he messaged her. She asked how old he was an he said 25 and she replied that she was younger but didn't specify at all that she was underage. My friend also thought kik was a 18+ website at the time. So they continued to talk an did exchange nude photos. None of the photos showed either of there faces. She was asking him some personal info but didn't get anywhere.

The next day he messaged her again to clarify she was of legal age and she said yes repeatedly that she was 18 and that he had nothing to worry about. They talked a little then the conversation was over and he deleted his kik account. No threats were made at all but it does seem a little weird to me. It could have been a cop. The person also asked if he wanted to meet and he said "no never". Obviously my friend isn't anything close to being a sex offender. He just wanted to have some fun online. Do you think he has anything to worry about? thanks


Sex Offenses: Police Trap Am I at Fault

Denial of Access: Can Boyfriend Legally Throw Me Out of His Apartment and Take My Keys

My question involves landlord-tenant law in the State of: Ohio

Every time my boyfriend gets annoyed or angry with me, he kicks me out of “his” apartment and takes away my set of keys.

We live in Ohio. His name was the only name on the lease agreement, though it expired a year ago. We haven’t signed any legal agreements with the landlord since then and have been paying rent on a monthly basis. I pay all our utilities and rent (and have documentation to prove it). I’ve lived there about two years and for the past year have had all my mail received at this address. Not sure if this is relevant or helps establish some sort of residency.

Can he legally kick me out and take my set of keys away? His logic is that if I don’t have keys then that means that I don’t live there. Not sure if it is that simple or if he is breaking any laws by not allowing me to enter the place where I currently live.


Denial of Access: Can Boyfriend Legally Throw Me Out of His Apartment and Take My Keys

Suspension and Revocation: Lawyer Failed to Notify Me of Right to Appeal Nunc Pro Tunc Ruling

My question involves a driver's license issued by the State of: Pa

Quote:

Quoting Dreign
View Post
My question involves a driver's license issued by the State of: Pa

Sorry new at this... My license was suspended because of moving violations and I hired a lawyer to try and get it restored. Paid him 800 dollars over a period of months and basically had to show up unannounced at his office just to see him. He would'nt return my calls and didn't keep appointments. He filed a nunc pro tunc for the tickets that were preventing me from getting my license restored and was successful on all but one. It was thought to be overlooked by the judge. I later found out from him. During my own research I found out he had 30 days to appeal. He never did or told me about that option. He just dropped the ball and now it appears to be too late for me to appeal. How can I get this 3 year old ticket removed.


Suspension and Revocation: Lawyer Failed to Notify Me of Right to Appeal Nunc Pro Tunc Ruling