Special Instructions for Speeding Cases – Traffic Ticket Attorneys

Special Instructions for Speeding Cases

If you were charged with a speeding ticket, make sure to request information on the equipment that the officer used to clock your speed. You should get the type and model of the equipment, notes taken by the officer regarding testing and using the equipment, and details on how the device is meant to be tested and used. If the officer did not properly test the equipment or take notes proving that he or she made sure it was working properly, the speed they say you were traveling may be suspect.

traffic ticket attorneys — A vector illustration of a policeman giving a driver a traffic violation ticket

Keep in mind that some offices may include the testing procedures in the disclosure, but others might require you to come to the office in person to review the manual. If you do not receive all the information in the disclosure, make sure to contact the prosecutor’s office to arrange a time to review the manual and make notes.

Remember that you’re entitled to all the information necessary to ensure you get a fair trial for your speeding ticket, so insist that you be given access to the relevant pages in the manual. The prosecutor may argue that they aren’t bound by law to provide you with a copy of the manual itself, but you can make the rational argument that the information inside the manual is necessary to ensure you a fair trial, and then specify which pages from the manual you need. As long as you stay calm and keep your reasoning logical and rational, they cannot fault you. Stick to your guns and get everything you need for your speeding ticket defense.

It will usually take four to six weeks to get your disclosure for your speeding ticket, and it may be longer in some busier courts. This is why it is important to request it as soon as you get your trial date. If you don’t request disclosure until just before the court date, you will very likely have to come back to court again, costing you more time and money.

If you don’t hear anything from the prosecutor’s office after about four weeks or so, send your request for disclosure another time. If you’ve sent requests four or more times without any response, make a note of each date you sent a request. Send one more the week before your trial date so you can prove you have made a diligent effort to get the evidence you’re entitled to for your speeding ticket, and make sure to bring it up right away when you appear in court.

speeding ticket lawyers — Woman Receiving Speeding Ticket

The prosecutor’s office should contact you once the disclosure is prepared. Many offices will require you to come in person to pick up the disclosure, but you may be able to work out another manner of getting it with one of the clerks at the office. Be polite and explain your circumstances if going in person will be difficult for you. They may be willing to fax it to you or send it by mail, or even scan it and send it by email.

This blog was posted by The Slade Law Firm – Traffic Ticket Attorney San Antonio

July 29, 2020July 29, 2020Leave a Comment

Truck Accident Attorneys – 18 Wheeler Crash Lawyers

Blog David M. Manilla

Under federal law, an interstate trucking company must have a minimum of $750,000.00 in liability insurance available to satisfy any judgment that might arise out of an accident in which innocent third parties are injured. This is a minimum amount set by law. Most companies have coverage greater than this amount to protect their assets. If someone were to be killed or seriously injured, given the seriousness of accidents involving large tractor-trailer rigs, it is not uncommon that the damages inflicted will be substantial.
Accordingly, it is not uncommon that these minimum limits are exceeded. Many carriers have one, five, ten and 20 million dollars in coverage and others have even greater amounts dependent upon the size of the trucking operation and the amount of assets of that a particular trucking company may wish to protect in the event of a serious claim. More information here @ https://corpus-christi-auto-accident.com/truck-accident-lawyer/

If a trucking company only has the minimum coverage and a judgment greater than $750,000.00 is obtained by the innocent victim or their family, then in that event, the family of the victim can attempt to collect the excess amount of the judgment directly from the motor carrier’s assets. Thus, in many ways, the minimum coverage required by law is irrelevant because most carriers have far greater coverage. The minimum coverage typically is relevant only when smaller carriers are involved with few business assets.

Many carriers are in the business of transporting hazardous substances in interstate commerce. With respect to such substances, because they can be deadly if spilled or involved in an accident, the minimum coverage for such substances is typically $5 million in liability coverage. This is because if a toxic chemical is spilled many people may be affected and thus higher limits of liability coverage are required by law. Again, the more responsible carriers provide even greater coverage because $5 million may be woefully inadequate if there is a spill of toxic substances on an interstate highway.

The good news about federal law is that the minimum limit of $750,000.00 is far greater than some states for intrastate operations. Again, the more responsible companies which have assets that they need to protect for their own reasons against an excess judgment will have greater amounts of coverage. Fly-by-night or smaller companies may only have the minimum.

We have long advocated that the minimum amounts currently set forth under both state and federal law need to be increased because of the tremendous damage inflicted by these vehicles when involved in accidents. When serious injuries and/or death or involved, the minimum limits are insufficient to compensate the innocent victim. Thus, while the minimum limits, in our judgment, are inadequate, nonetheless, they do provide a minimum safety net for the motoring public. Please click this link for more info @ https://www.carabinshaw.com/el-paso-18-wheeler-accidents.html

January 5, 2020January 5, 2020Leave a Comment

Criminal Law

Criminal Law David M. Manilla

Having a criminal record can interfere with many opportunities, including employment, housing, and education. A prior conviction can also be used against the defendant in a future criminal prosecution, and prevent an individual from traveling outside the United States. Foreign countries can learn about a traveler’s criminal record in a matter of minutes. Because a criminal record can impact so many aspects of an individual’s life, it’s critical to aggressively fight a prosecution.

WHAT IS A CRIME?
A crime is any action that violates the law. A criminal conviction can be punished with fines, imprisonment, and other penalties. The repercussions increase with the seriousness of the crime. Criminal offenses are divided into three categories: summary offenses, misdemeanors and felonies, all of which have a possibility of incarceration.

Summary offenses include most traffic infractions and offenses such as disorderly conduct and first-offense shoplifting. Summary charges are brought against an individual through a citation from police or by a summons from a district justice to appear and answer charges.

If the defendant requests a hearing, it will be held before a district justice. If the hearing ends with a guilty verdict and a fine or prison sentence is imposed, the defendant can appeal the decision to the Court of Common Pleas in the county where the charge was filed. The appeal must be timely or the opportunity to appeal will be lost.

Another option for handling summary offenses has been developed. An accelerated rehabilitative disposition, or “ARD,” is designed to rehabilitate as well as punish. Anyone charged with a summary offense should discuss the possibility of ARD with a lawyer prior to any hearing on the matter.

Misdemeanors and felonies are far more serious crimes than summary offenses. Misdemeanors include offenses such as driving under the influence of alcohol or drugs, simple assault, and some types of theft. Charges such as robbery, burglary, rape and murder are more serious crimes charged as felonies.

Defendants charged with misdemeanors or felonies will have a preliminary hearing before a district justice. This is not a trial. The district justice determines only whether the Commonwealth has made a case that deserves to be tried in court. If the district justice orders the defendant to stand trial, the proceeding will occur in the Common Pleas Court of the county where the charges are filed.

WHAT HAPPENS DURING A STOP BY A POLICE OFFICER?
Police don’t need to make an arrest to ask brief questions or ask individuals for identification. They also can issue a citation for a summary offense. If an officer reads the individual his or her rights or takes an individual into custody, an arrest has been made.

Resisting arrest is a separate criminal offense. Police can use reasonable force if necessary to make an arrest. Under no circumstances should anyone resist arrest or interfere in the arrest of another individual. People who suspect their rights have been violated should consult with an attorney as quickly as possible.

Many people mistakenly believe that they must receive a Miranda warning prior to being placed under arrest. However, no Miranda warning is required unless an individual is being questioned

WHEN CAN THE POLICE CONDUCT A SEARCH?
Not every police search requires a warrant. If someone gives permission to search them or their property, police don’t need a warrant, and any evidence found can be used in court. Therefore, it is wise not to consent to a warrantless search.

Police do not need a warrant or consent to search someone who has been arrested. Prior to or after an arrest, police can also conduct a “pat-down” without a warrant or consent to check for weapons. Police are also permitted to search the immediate area.

Police also don’t need a warrant or consent if so-called “exigent” circumstances exist. Exigent circumstances arise when police face what reasonably appears to be an emergency which requires an immediate search. This can occur if valuable evidence would otherwise be lost or damaged, or when a criminal suspect could escape before a warrant can be obtained.

Although there are many instances when police can conduct a search without a warrant, some warrantless searches are unlawful. Anyone who feels that police have improperly searched them or their property should discuss the matter with a lawyer.

WHAT IF AN INDIVIDUAL IS CHARGED WITH A CRIME?
Criminal suspects have certain rights. The most critical of these are the right to remain silent and the right to have an attorney present at all stages of the proceedings. Even criminal suspects who haven’t been charged with a crime are protected by these rights.

The most important things to remember when charged with a crime or under investigation are:

Know your rights.
Be courteous and respectful to the police and courts.
Do not give up the right to a preliminary hearing unless a lawyer advises to do so.
Listen to your attorney. If the lawyer advises not to discuss the case with anyone, follow the advice.
Arrange bail as soon as possible. Bail can be posted using a bondsman, cash, or real estate. Registered bondsmen may charge for posting bail. However, if cash or real estate is used, complied with all appearances and the trial is completed, the money will be returned and the real estate will no longer be tied to the case.
A blood, breath, or urine will be required of anyone arrested for driving under the influence of alcohol or drugs. Drivers who refuse to submit to a chemical test after a DUI / DWI arrest will have their licenses suspended for one year and risk incarceration. Police must advise suspected drunk drivers that they have no right to have a lawyer present or to discuss the request for a test with a lawyer.

WHAT KINDS OF PROBLEMS CAN CRIMINAL CHARGES CAUSE?

Having a criminal record – even a relatively minor first offense –can prevent a person from getting or keeping a job. Prior criminal offenses can be used against individuals if they are charged with a later crime. For example, if a person is convicted of shoplifting, a second or subsequent shoplifting offense will be charged as a misdemeanor, not a summary offense. .

June 17, 2019June 17, 2019Leave a Comment

Author: David M. Manilla

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