Category: Blog

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

Truck Accident Attorneys – 18 Wheeler Crash Lawyers

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.truck accident law
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

Drinking & Boating

How will the law enforcement officer test me to determine if I am under the influence?

A waterways conservation officer, having reasonable suspicion to believe a person is operating or in actual physical control of the movement of a watercraft while under the influence of alcohol, may request that person to submit to a preliminary breath test. This test may be administered before arrest. Other field sobriety tests have been developed and are approved for this purpose.

Does the law enforcement officer require my permission to test my blood alcohol content?

Any person who operates or is in actual physical control of the movement of the watercraft upon, in or through the waters of the Commonwealth shall be determined to have given consent to one or more chemical tests or breath, blood, or urine for the purpose of the determining the alcohol content of blood or the presence of a controlled substance. The waterways conservation officer must have reasonable grounds to believe that the person has been operating or has been in actual physical control of the movement of the watercraft. If any person placed under arrest for operating a watercraft under the influence of alcohol or controlled substance is requested to submit to chemical testing and refuses, the test shall not be conducted. But the Commonwealth shall suspend the boating privileges of the person for a period of 12 months. In addition to suspending boating privileges for one year, the fact that the defendant refused to submit to chemical testing may be introduced in evidence along with the other testimony concerning the circumstances of the refusal.

What happens if I am caught?

The penalties for operation of a watercraft while under the influence of alcohol or a controlled substance could lead to a criminal record and a fine of not less than $500.00 nor more than $7,500.00, or imprisonment not exceeding two years, or both, plus the loss of boating privileges for a period of 12 months. Homicide by watercraft while under the influence carries a fine of not less than $2,500.00 nor exceeding $15,000.00, and imprisonment not exceeding seven years, or both. In addition, to the offenses described above, operating a watercraft under the influence may also violate other laws. The may include prohibitions against reckless or negligent operation of boats, public drunkenness, disorderly conduct and underage drinking.

May I drink in my boat?
This answer depends on several variables including where you boat, how much you drink and other laws that pertain to alcohol. Check with the local authorities before bringing alcohol into an area. In some places it is legal to drink on a boat. However, laws such as public drunkenness, disorderly conduct and underage drinking apply both to the operator and the passengers. It is illegal to operate a watercraft on all waters of the Commonwealth while under the influence of alcohol or a controlled substance.