The Law: My First True Love

Standing Up To A Speeding Ticket: 2 Pieces Of Information That Could Help You Get Your Ticket Dismissed

Drivers throughout the United States dread the thought of receiving a speeding ticket. It’s estimated that 65 speeding tickets are issued each minute, and the average amount of money a ticketed motorist can expect to pay for a speeding ticket is $150.

If you plan to fight any speeding tickets you receive in the future, having access to the right information could be critical to the success of your case. Here are two pieces of information you need to gather if you want to have your speeding ticket dismissed in court.

1. Information regarding the make and model of the radar gun used by an office to clock your speed.

Police officers frequently use radar guns to clock the speed of passing motorists. While radar guns are designed to be accurate to within plus or minus one mile per hour, there are many different factors that can affect the accuracy of an officer’s radar gun.

By asking the officer who pulled you over for the make and model of the radar gun used, you will be able to request a user’s manual for the unit online. This manual will tell you how often the gun should be calibrated for accuracy, and you can use this information to determine if the officer followed the manufacturer’s recommendations in caring for his or her radar gun.

A gun that hasn’t been calibrated properly can’t be trusted to measure speed accurately, so proving calibration negligence based on the make and model of the radar gun used to clock your speed could help you prove that your ticket should be dismissed.

2. Subpoena records pertaining to your citing officer’s training history.

Because radar guns are complex instruments, police officers are required to have specialized training in order to successfully use them in the field. Requesting the training record of the officer who issued your speeding citation could provide you with the information you need to have your ticket dismissed.

Minimum training standards are dictated by federal guidelines and The International Chief of Police Association, and the state in which your ticket was issued might have additional training requirements that must be met.

Working with an attorney who has experience fighting speeding tickets can be beneficial when it comes to proving that training standards weren’t met by the officer who issued your speeding ticket.

Fighting an erroneous speeding ticket in court doesn’t have to be impossible. By arming yourself with the radar gun manufacturer’s calibration recommendations and the citing officer’s training history, you can successfully prove that your speeding ticket was issued in error. click here for info on speeding tickets.

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3 Common Mistakes That People Make When Filling Out An Application For A Patent

If you want to make sure that no one steals or uses your good idea before you have the chance to, you might be thinking about filling out an application for a patent. In fact, you may have already downloaded the paperwork, and you might be ready to get started right away. Before you do so, however, you should consider the fact that a lot of people make mistakes with their patents. Make sure that you avoid these three common mistakes so that you don’t have any regrets or problems with your patent later on.

1. Not Being Specific Enough

It is important to take the time to fully develop your idea — and then to fully describe this idea in your patent application — if you want it to be approved. You can’t just patent broad ideas — your idea has to be truly unique and different. If you don’t take the time to fully develop it, you’re going to have a hard time. It’s best to sit down and take your time working on your idea before you start trying to explain it on a patent application.

2. Filing Too Late

If you have already told the general public about your idea, you need to work fast. A lot of people don’t realize it, but there are actually time restrictions in place in regards to how much time you have to file a patent. These things can take time, so you don’t want to slug around until the last minute. Go ahead and get started on your patent application soon, or wait until you are ready before you let people know about your idea. Otherwise, you could find yourself pressed for — or out of — time at the last minute, which can be devastating for any inventor.

3. Not Hiring a Patent Lawyer

So many people try to fill out their own patents and fail. These applications can be challenging to fill out, and a sloppy application can put things on hold or cause your application to be denied. Either way, you are better off shelling out the cash for an experienced lawyer to help you rather than attempting to DIY things with a downloaded application. You’re an inventor and not a lawyer, so it’s better to get help from a legal professional to ensure success.

Don’t make these common mistakes when filing your patent, or you’ll regret it later.

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When Baby Only Makes Two: Same Sex Parents Fight To Be Included On Birth Certificates In Some States

There is nothing quite as exhilarating as the birth of a child. If you’re a female same sex couple, however, your joy may be overshadowed by the fact that only the birth mother may be listed as a parent on the birth certificate in some states.

While the U.S. has come a long way in recognizing same sex marriages and same sex parents, the wrinkles have yet to be completely ironed out. Here’s what you need to know:

Being listed on the birth certificate is crucial for parents.

Having your name listed on your child’s birth certificate isn’t merely a formality. That legal document conveys rights and responsibilities to both parents and their offspring.

If you aren’t recognized as one of the birth parents, you may be denied the right to take your child to the doctor, be involved in their schooling, or set them up in daycare. Not being a legal guardian of your own child also means you can’t sign the child up on your health insurance plan, arrange their Social Security documentation or establish their inheritance.

There may also be custody and child support issues in a divorce if only one partner is listed as the actual parent.

Laws are slowly changing.

As same sex couples bring lawsuits against the states, the rules are slowly being modified to accommodate same sex parents whose partners give birth. Utah recently changed its laws to allow for both parties to be listed on the birth certificate, and has been ordered to pay the legal fees of a couple who sued the state after being denied this right.

The couple had used reproductive assistance to conceive, which many heterosexual couples do with no adverse effects as it relates to listings on birth certificates. A judge ruled that the couple should be treated the same way as any couple using donor sperm or embryos, and stated that Utah had shown no reason why it should deny the non-birth parent the right to be listed.

Similar cases are playing out across the nation in the states of Alabama, Florida, Indiana, and Mississippi. The state of Arkansas has amended several birth certificates recently to include both partners, but only if they can prove that both partners were married before the child was born.

Protect yourself and your child, and know that laws will change.

Depending on your state, you may be able to file legal guardianship with the court or formally adopt your child if you feel that you cannot wait until the laws change. This will entitle you to act as a parent in obtaining passports and consenting to medical treatment. You may also wish to give birth in a state that does allow both of you to be listed as parents when your child is born.

Both of these solutions can be costly and a burden, but they will protect your family from not being able to fully act as one.

The Supreme Court specifically mentioned birth certificates in its decision to legalize same sex marriages, so any state that brings a case to the federal level will surely lose. Most states will eventually comply without getting dramatic.

If you and your partner are expecting soon, and you are in a state that refuses to recognize both partners on birth certificates, consult with a family law attorney to find out which steps you should take to protect you, your spouse and your children.

To learn more, contact a family law firm like Law Office Of Ernest A Buche Jr

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What To Do When Poor Road Design Causes You To Wreck

With about 6 million auto accidents occurring annually, at some point in your life you can expect to be involved in some type of auto accident. Whether it is a fender bender or a head on crash, one driver would presumably be responsible for the accident. When poor road design causes you to wreck, you may have much more work to do in order to prove that you are not responsible for the wreck. If poor road conditions cause you to wreck, there are three things you must do. You will need to prove that the condition of the road caused the wreck, the company responsible for the road was negligent, and if the company can actually be held liable in court. 

Determining the Condition of the Road

Once you have wrecked, you need to investigate what actually caused the wreck. Things like potholes, faulty design, missing guardrails, and erosion can all cause your vehicle to wreck. It is important that you stay alert and try to avoid the wreck if you see any of these conditions appear. Once the wreck has occurred, you then need to call the police so that the condition of the road can be investigated and reported. Take pictures and get eyewitness accounts as soon as possible. You do not want to tamper with the scene. Only move the vehicle if it could cause an accident for another driver. 

Determining Responsibility for the Road

Different agencies can be responsible for different road maintenance tasks. Even if the state is responsible for paving a road, the city may be responsible for de-icing it. You need to determine who was responsible for maintaining the area of the road that caused the accident. One of the best ways to do this is to contact an auto accident attorney who is experienced in handling these types of cases. They can work with the local agencies to determine who is responsible for maintaining the road. Because road conditions can change in an instant, you have to be able to prove that the agency was actually negligent in repairing it. For example, if a tree falls onto the road, it would not be the agency’s fault if you wreck because of it. If erosion occurred because the state cut back on funding, then the agency could be held reliable. 

Determining if They Can be Sued

Once you have decided which agency was responsible, you can then determine if they can be sued. Most governmental agencies have immunity when it comes to being sued. There are certain conditions where a government agency can make an exception if they are at fault. Each state’s law varies on when it is allowable for a driver to sue the local government over road conditions that caused an accident. An auto accident attorney can help you determine if you have the right to sue or not. 

Visit a website like http://www.reedlawomaha.com to learn more.

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3 Tips for Winning Your Unemployment Appeal Hearing

Were you recently denied unemployment benefits after being terminated by an employer? Have you appealed that denial? If so, then you may need to prepare for an appeal hearing. Appeal hearings are legal proceedings held in front of an unemployment court officer. They’re often held in government offices and conference rooms. In some states, you can take the issue to court or to a second appeal should the first hearing not go your way. In other states, though, the ruling in the appeal hearing is final. Either way, it’s important that you put your best case forward. Here are three tips to help you win your appeal hearing:

Thoroughly review the denial statement. When your claim was denied, you should have received a document in the mail explaining the reasons for the denial. This document may be a few pages long and could have a lot of legal and technical language. You may find it complicated to read. However, it’s important that you put the time in to understand the document as it will explain the exact issues you need to address in the hearing.

Some of the most common reasons for denial are that the unemployment agency believes you quit your position, that you were terminated for good cause, or that you didn’t earn enough in the prior year to qualify for unemployment. The letter should state which reason applies to your case and what evidence exists to back up that reasoning. You can use the information to collect documentation and evidence to show why that reasoning is false. If you find the letter too difficult to understand, consult with an unemployment attorney.

Bring witnesses. Since the hearing is a legal proceeding, you’re allowed to bring witnesses to testify on your behalf. This can be especially helpful if your employer is claiming that you resigned or that you were fired for cause. Even if you quit, you can still get unemployment benefits if you felt you had no other option. For example, if you were being sexually harassed and witnesses can back up your claim, the court may still rule in your favor. However, you may need a witness who witnessed the harassment and how it affected your mental health.

Bring multiple copies of all documents. In other situations, documentation can be critical. For example, if your claim was denied because your employer claims you didn’t earn enough for benefits, you may need to bring pay stubs and tax documents to counter that claim. Be sure to bring enough documents for all parties involved. You’ll need a copy for the other party, a copy for the court administrator, and a copy for yourself. You may be asked to send in documents in advance of the hearing, but don’t assume that the court administrator reviewed them in advance.

For more information, talk to an attorney who handles unemployment appeals, such as the Law Office of Matthew J Brier. They can help you prepare for the hearing and even represent you and argue on your behalf.

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Your Right to Protest: You Have More First Amendment Protections Than You Think

You have the right to exercise your right to free speech and to protest. However, depending on the conditions under which you protest, the police may choose to arrest you. Since the right to protest is an important and cherished right, you should do whatever you can to have the charges dropped.

You Can Protest as Long as You Aren’t Breaking the Law

Protesters are sometimes arrested when they trespass in order to carry out a protest. Protesting is protected in traditional public forums, such as parks and sidewalks. However, you may try to protest in an area that appears to be public, but is actually private. Still, if you were given consent to use the private property for a protest, you can use this as a defense if the property owner later revokes his or her permission.

Another reason you may be arrested is because you were disobeying the order of a police officer. For instance, if the police ask you to disperse from a particular area and you refuse, you could be charged with disobeying a police officer.

While you are allowed to peacefully protest, you are not allowed to cause violence or destruction. Also, you cannot issue threats. If your behavior places others or yourself at risk, such as if you lie down on the street and block traffic, this would not be protected under the First Amendment.

You Can Express Any Views

You are allowed to express any views, even if they are considered to be controversial. However, you may be told to lower the volume of the protest. If the protest requires that you use an elevated volume, you may need to consult with the police regarding the time and place that you would be allowed to engage in such a protest.

Permits Are Sometimes Not Required

Police officers will sometimes argue that you need a permit. However, permits are only required if your protest is not being conducted in an area that isusually protected. Therefore, if a police officer arrests you when you do not actually need a permit, your legal right to protest can be used as a defense.

If you are arrested and you believe it is for an unlawful reason, make sure that you only provide your name and address to the police officer. If you provide any other information, anything you say could be used against you. If you call a friend or family member, do not discuss the situation because your conversation will be recorded. Instead, if you have a criminal defense lawyer, ask to see him or her as soon as possible.

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Do’s And Don’ts For Divorce

Divorce can be one of the most stressful experiences you go through in life. It can be particularly tricky if there are children involved. No one goes into a marriage expecting it to fail, but just in case you find yourself in this situation, you should be aware of some important do’s and don’ts to protect yourself as much as possible.

Do:

  • Act rashly – It can be a hectic time in your life when you realize you are facing a divorce. It is important to try to keep your cool and make a plan to secure finances, residence, and security for any children. A good plan of action is to withdraw half the finances from the family bank account and open your own individual account, seek a residence that is within your budget, and file for custody.
  • Consult a lawyer – Before making any major changes, you should always consult your lawyer. This is important because it will provide you with legal protection so you don’t make any mistakes that might have a negative effect on your divorce case. A lawyer will walk you through the appropriate actions as needed and answer any questions regarding the status of the case or anything else you may need.

Don’t:

  • Punish the children – When children are involved, it is crucial to play nice. Fighting dirty will just hurt the children more than it hurts the other spouse. Remember, you will be co-parenting these children together until they all reach adult age. Try not to argue around them, and keep them out of the entire mess as much as possible. Don’t bad mouth the other spouse to the children or around them. It may be smart to sit down together as a family and explain the process to the children.
  • Disobey any laws – There are a lot of laws for each state regarding divorces. For instance, it may be your instinct to change the locks after kicking your spouse out of the house, but in certain states, this can be illegal and may get you in trouble with the law enforcement in your area. Emptying out your bank account may also be risky. Ask your lawyer before making moves like this.

Remember

Divorce is hard emotionally. It is easy to lose your cool and want to strike as hard at your spouse as possible. However, it is always better in the long run to play it smart and remember these do’s and don’ts. For more tips, contact an experienced lawyer like Mira Staggers White

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