ER Legal Blog
Legal guide to all aspects of law and the legal system covering family and business law, personal injury, medical malpractice and criminal law.
Estate Law
Probate is used to disperse property and funds, but a will contest can stop an estate from being awarded until the courts decide the true intentions of the deceased party. Estate planning can be used to avoid these unfortunate events, so use all tax exemptions and clauses to your benefit.
Criminal law - Misdemeanors
Some criminal charges are more severe than others, but ultimately, nearly all charges can lead to terms of imprisonment. Learn what can happen as a result of being charged with a misdemeanor offense and gain the knowledge that you will need to defend your innocence.
Moving Violation Penalties
At some point in life nearly everyone receives a moving violation. The penalties can range from verbal warnings and fines to having your car towed or spending time in jail. The best thing that you can do is to address all moving violation as quickly as possible.
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Moving Violation Penalties
In nearly every part of the world operating a motor vehicle without a drivers license is a criminal offense. Moving violations refers to infractions given to those in control of an automobile while failing to follow the rules of the road. Most citations result in either a verbal warning or a traffic ticket, but some defendants do end up in traffic court. The most severe moving violations can result in misdemeanor charges, but a few more serious infractions such as operating a car while under the influence of drugs or alcohol can cause an offender to be charged with a felony. The main difference between most other criminal charges and driving offenses is that the accused are able to defend themselves in court much more successfully.Those that have been issued a traffic ticket have the option of paying the fine within a specific time frame or asking for a date in court. In most states traffic court judges hear between 25 to over 100 cases in a single day. Defendants will sit in court together during the proceedings of other accused parties, where they are called alphabetically by last name. For the most part defends will need to come to court with evidence that will be used to substantiate their claims. Proof of insurance, bills of sale and even simple store receipts can be used to convince traffic court judges that the offenders are innocent of their charges.
The most frequently issued traffic violations stem from charges of speeding, lack of insurance and expired tags. Another type of charge that has been gaining popularity are citations that are issued automatically whenever a motorist runs a red light. In the US, hundreds of thousands of 'red light' cameras have been installed at traffic intersections. These cameras sometimes record constantly while others flash a picture once triggered. Red lights that are set on a timer can sometimes cause drivers to stop suddenly. In traffic court, faulty brakes and distracted driving are not considered to be valid defenses. However, medical emergencies can and have been used to have traffic violations waived.
Motorists that accumulate a number of points on their licenses run the risk of having their driving privileges revoked. The term 'points' refers to the system established by the Division of Motor Vehicle to punish those that irreverently disobey driving laws. These driving 'points' can occur as a result of moving violations, parking violations or even failing to have a vehicle insured or registered. In addition to license suspension, drivers may also have their cars booted, towed or sold at a state auction. Some states have even taken these penalties a step further by arresting drivers who have a series of unpaid traffic tickets or who have failed to appear in traffic court.
02.06.2010. 04:27