So you got a Speeding Ticket, So now what?
July 19, 2014 by admin
Filed under Legal Tips
Speeding tickets are no fun. If you are pulled over for speeding and issued a citation legally, you do not need a lawyer unless you were also driving recklessly and are also cited for reckless driving. Speeding tickets are fairly straight forward, for the most part. However, depending on how much over the speed limit you were driving and which state you live in, your vehicle could be impounded (typically 40 mph over the speed limit). Additionally in some states, if you are under 18, your license may become suspended. But, if none of these conditions apply to you, you have the right to do two things: either pay the ticket, usually through mail, or else dispute the charge against you. After becoming aware of the law, I learned that anyone who pleads guilty on speeding tickets where they were cited for not speeding at all or cited for not going too much over the speed limit, subjects himself to unnecessary punishment from the law, since most speeding tickets of this type can be dismissed. I had a friend who was once cited for speeding when he was not and decided to fight the ticket.
So how do I fight a speeding ticket if I don’t think I was speeding?
Courts do not like to waste time and taxpayer dollars on petty crimes. To dispute a speeding ticket, you must within 10 days in most instances either sign the portion of the ticket that says “not guilty” and mail it to the place where you would send the payment for the fine or write a letter of dispute with the ticket number included in the letter, as well as your reasons for disputing the charges. In the written dispute, you must include ticket numbers, the date the ticket was received, the “act and section of the defense,” and your personal information. Thus, it depends on the state, but for the most part, states have a writing address where the dispute can be mailed. Check with your local county clerk to learn where to mail the dispute form.
After you have completed the dispute form, you will then wait to hear from the proper authorities, which will mail you a letter stating the date that your hearing will start. Make sure you attend the hearing and try to be at the courtroom at least 15 minutes prior to the start of the court hearing.
When the judge or district magistrate in some cases asks you how you plea, make sure you plead not guilty. He will then ask you to tell your story. As in my friend’s case above, he simply told him what had happened. He told the judge that when he saw the cop he looked at his speedometer and he was only going 35 mph in a 35 mph zone. The cop had cited him for going over 45 mph in the 35 mph zone. The cop was there and he conceded. At this point the judge will decide if your case is worthy of continuance and may possibly throw out the case or in the case of a district magistrate will decide your case; otherwise, in the case of a judge, you may be summoned to appear at another hearing at which your case will be decided.
Should You Take A Lie Detector Test?
July 19, 2014 by admin
Filed under Legal Specials
Is the standard lie detector test (also known as the polygraph) reliable? Should you be concerned about taking a polygraph test? Let’s start with a true story.
The FBI gives agent applicants a lie detector test before hiring them. After 9/11, their polygraph failure rate went to 50%. Did liars suddenly start applying for jobs? No, but the testers were instructed to read the tests differently, even though this meant throwing out some honest people with the few dishonest ones. Imagine what this would do to your future. For all of their lives these mostly innocent people will have a record of a failed FBI polygraph following them.
Most scientists now agree that polygraph “testing” is junk science. In fact, John Larson, one of the pioneers of polygraphic lie detection, says “I’m sorry I ever had any part in it’s development.” The test is valued by governments and others because it is useful for getting damaging admissions from people, especially those who don’t know that the test is a sham.
Unfortunately, the lie detector test is actually biased against the truthful. This is because the more honestly one answers the “control” questions, the more likely one is to fail. Meanwhile, hardened criminals have proven again and again that they can lie throughout the test without detection.
<b>How Lie Detector Tests Work (Or Don’t)</b>
The basic idea is this: The polygrapher asks “control” questions in order to get your “baseline responses.” These are questions to which the operator knows or assumes the truthful answer. The device measures blood pressure, heart, breathing and perspiration rates. Then, when you are asked other questions (Are you involved in espionage? Did you take Johns watch?) your responses are compared to your baseline responses, to determine if your answer is honest or a lie.
An operator will tell you that you should answer all questions honestly, but they don’t actually want this to happen. In fact, they will often ask control questions that they assume you will answer with a lie. This could be something like “Have you ever lied when in trouble?” They may mention that someone who would do such a thing is not a good person, thus encouraging you to lie, so they can see your response.
Operators use this kind of trickery as a standard part of the testing procedure. They also have to use their own judgment. If they think you are dishonest, they may interpret the results differently. Even if they don’t do this, they may push harder to find questions that give the result they want. Whether this is conscious or not, it shows how unscientific the whole procedure can be.
Should you take the test? Consider what former CIA Director John M. Deutch had to say about it: “[The CIA’s] reliance on the polygraph is truly insane.” How about former CIA Director R. James Woolsey: “…the use of this highly flawed instrument should be radically curtailed.” You may want to reconsider any plans to take that lie detector test.
Road Traffic Accident Compensation
Most road traffic accident compensation involves two drivers, with a driver or passenger from the one vehicle seeking compensation from the driver of the second vehicle. Based on evidence that the accident was caused through negligence. The road traffic accident compensation claim will lead to legal proceedings that will involve the driver and possibly, passengers of both vehicles claiming injury as a result of the negligent driving on one the parties behalf . Typically, legal proceedings due to poor road design, will be against a local council. This can be on the basis that they to have failed to install proper signs maintained proper design or maintain a A road, high street or motorway. A road traffic accident compensation claim may also include a product liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall within their responsibility.
Unique Situations
Unique situations can often arise in a road traffic accident compensation claim which make the legal proceedings more difficult. All parties involved may be liable for potential injuries and this will be considered during the course of any legal proceeding. Various issues that can arise from the accident itself include:
Leaving the scene of an accident: Is not so uncommon in the UK where the driver who causes an accident fails to stop at the place of the accident. This will make it difficult for the injured party involved make a positive ID and therefore bring the driver to court.
Pedestrians and Road Accidents: In such situations, a member of the public can suffer serious injuries as a result of a collision with a vehicle. Often time the conduct of the pedestrian is called into question making it difficult to make a claim against the driver.
Motorbike & Car Accidents: Motorcyclists are very much at risk in regards to personal injury when involved in a road traffic accident, even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they’re commonly deemed ‘wreckless’ road users even if the other party is clearly at fault.
Bicyclists & Car Accidents: Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of them are obvious causes of collisions as well as many others. Cyclists are often caught in the drivers blind spot and they often report that they did not see the bicyclist until it was too late.
Buses & Car Accidents: Bus accidents can also be quite serious. Due to the sheer size, passengers carried, a collision with a bus will not only see other road users worst off, but unmanaged passengers can also add to the already heated mix of a road accident. Any road traffic accident compensation claim will also be taken up with the operator of the bus not just the driver.
Unsafe road conditions: Where things like road debris and poor, uneven road surfaces abound, accidents can be common place. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes this was the cause of the accident.
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If you need advice or would just like to speak to someone, please don’t hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Road Traffic Accident Compensation specialists.