Decisions

What are traffic tickets?

Traffic tickets are writs issued by the traffic police officers to road users whenever they cross traffic rules. The road users who receive these traffic tickets range from motorists, car drivers to bus drivers. These traffic ticket cases are heard in the traffic courts and the tickets are issued there.

Types of traffic tickets

Traffic tickets are generally issued for two major types of traffic crimes namely,

1. Moving violation
2. Non-moving violation

Moving violation is defined as those traffic crimes that are committed when the vehicles are in motion. The most frequented type of moving violation is over-speeding, that is, when a motorist exceeds the speed limit of that road or highway.

Non-moving violations are those traffic violations that are committed when the vehicle is stationary. The most common non-moving violation is the parking violation, that is, when the vehicle is parked in a no-parking zone or if the vehicle is parked in an unlawful way.

Two-wheeler riders are prone to commit moving-violations more than four-wheeler drivers commit the same. At the same time, four-wheeler drivers (car owner, in particular) are prone to commit non-moving violation like parking violations.

Levels of traffic tickets

There are different levels of traffic tickets given to those who commit traffic crimes. The punishment level depends upon the intensity of the crime committed.

The most common punishment given for traffic crimes are for those who do parking violations. Generally, traffic police issue a small amount as fine to those who park their vehicles in “no parking” zones or if they park them in unlawful ways. Issuing fines are the least severe traffic tickets given to the offenders. However, the amount of money charged as fine will also vary depending upon the severity of the crime.

Crimes like over-speeding, disobeying the lane rules, traveling in one-way roads, careless and reckless driving, disturbing the public while on the drive and damaging public properties etc are a few notable ones that result in fines. There are chances that these crimes may be upgraded by the traffic officials to traffic courts rather than settling off through traffic tickets. This usually depends on the demeanor of the driver.

Traveling without a valid license, traveling in uninsured vehicles, possessing fake registration identities for the vehicle and road taxes for the vehicles left unpaid etc are some of the crimes that are settled only in traffic courts. In such cases, the traffic police officials issue a traffic ticket to the concerned driver and summon them to the traffic courts on specific days. Failure to obey this is considered a serious crime and may result in the person being detained.

The above mentioned crimes and traffic ticket issuing methods are followed in a majority of the countries. The list includes the United States, Canada, Cuba and other countries of North America, England, Scotland, France Italy and Germany among others. Certain other countries like India, Pakistan, China, Russia etc follow a similar kind of strategy expect for the fact that they do not issue tickets but settle of the issues through on the spot fines. Some countries around the world use a “traffic points” system wherein the drivers accumulate points for each crime they commit and at a point of time when they reach an unacceptable level, their license stands cancelled and serve a permanent infraction from riding vehicles any further.

About the Author:
http://www.torontotraffictickets.com/impaired-driving.htm provides traffic ticket assistance in Toronto and http://www.newjerseytraffictickets.us provides traffic ticket assistance in New Jersey.

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I am taking the opportunity of Blogger.com Tenth birthday. Google has offered bloggers the chance to share their experiences. So this post is about the continued lack of response to my repeated requests to regain access to my original Blogspot.com BLOG.
It was removed by blogger for spammy content (mea culpa). But google still allows it to run and it indexes quite highly for several search terms , including my username.

SO google should either allow me to regain access so I can remove all the old,spammy and stale content OR remove it from the active list.

There comes a time in our life that we all want to buy a new car, until we get to the dealers lot and see the prices that is. Some new cars today are costing as much as a house did just a few years ago and I don’t know about you but my wages have not gone up that much. It is times like these that there can be wisdom in purchasing a used car. Unlike a new car, however some things are different when buying a used car.

There are two places you can purchase these used cars on the lot of a new dealership and used cars by owner. When you find them on the dealers lot most of the time they are trade-ins of someone wanting to upgrade. A trained mechanic should have inspected these cars at the lot; they may even come with a small limited warranty.

Used cars for sale by owner, however, have been checked out by no one but you. This is not necessarily a bad thing. All you need is a little knowledge before hand and you should have no problem buying the used car for sale by owner.

Mechanic

The question is should you have a used car checked by a mechanic before you buy it? Well that depends on your expertise, if you have no idea of where to put the gas in your car then you might want to find a mechanic you can trust to do it for you. The downside to this is mechanics are very busy many times and may not be able to check out your little gem within a reasonable amount of time. On the other hand, the owner may not want you taking it to another mechanic; people can be funny some times. In the last case I would walk away from a deal like that, it leads you to believe that there are things wrong with the car that the owner does not want you to know.

Used cars by owner can be a great deal or a great lemon just like a car lot the thing is knowing how to tell the difference.

Homework

When you are considering purchasing a used car by owner, you should get all the pertinent facts on the vehicle and then do your homework. There are sites like Kelley bluebook that will give you a good idea of the going rate for a used vehicle in your area. The thing to remember is this if you are buying a car for sale by owner in another state, be sure and use their state as a basis when searching approximate value.

Mileage

If you have done your homework from above you will have a good approximation of the vehicles worth and part of that will be based on the mileage that you used in the search. Be sure that you double-check this data when you get to the car.

Final

A few final things to watch for are strange knocking sounds or weird odors coming from the vehicle. If you have driven a car very long, you will know that a sickly sweet smell coming from the vents is an indication something is wrong. In addition check every function on the vehicle, heat, air, defrost, wipers ECT…. Finally take it for a test drive, do not check out the stereo on your test drive you will want to be able to hear any odd noises or vibrations the car may be making. Once you are through and have discussed with the owner any potential problems with the vehicle make an offer or if you are still concerned about the running of the car ask if you can have your mechanic check it out. These tips are a few ground rules to get you started. Most of my cars have been purchased from a for-sale-by-owner ad and I have been extremely happy with each one, it is not a process to be feared but one you need to be knowledgeable about.

About the Author:
Fred R runs an online private car auction site at http://usedcarsbyowner.theamericancarstore.com

Keyword tags: used cars by owner, private cars for sale

Today there are a variety of selections for people who may want to buy two or three wheel scooters. It makes a lot of sense to consider purchasing a new or used scooter today because these can provide you with very reliable transportation and the maintenance cost is quite low. New three wheel scooters are modest in cost, and if you choose to buy a used one, you can end up with a nice little bargain. For many people who are looking for fun and low cost transportation these vehicles are excellent choices. The three wheel scooters provide a larger and more secure feel for some who are wary of the sporty two wheel models. The term moped and scooter have become interchangeable for most individuals who are describing these small, convenient machines. For the true purist a moped is the name that they prefer, although this name is usually reserved for certain makers like Tomos mopeds and Garelli mopeds. These moped styles became extremely popular in the 70s and 80s.

Although you can most certainly find new mopeds on the market today, you can find a used moped for under $100 in some cities. With the purchase of second hand three wheel scooters or any used moped, the most important thing to ascertain is if the engine is still in good shape. You can check the motor for yourself or have a mechanic look at it for you. Having a good motor should be a prime consideration when you are looking at a possible purchase. Replacing or repairing a motor is not as costly with mopeds, but it can still add more expense than you may be expecting to pay. If you are very handy and have a little knowledge of machinery, you can do the work yourself for very little money. It is very common for many of the older used mopeds and scooters to have weak batteries, broken turn lights and worn out light bulbs. These repairs are quick and easy to do and they won’t cost you a lot of money either. Even repairing some paint or replacing a seat can be done without breaking the bank. You can pick up used parts very cheaply by going to auto salvage yards and using these for replacements on a used moped.

Dealers will have a selection of mopeds in both new and used condition. Three wheel scooters will be found on the secondary market only in varying degrees of used condition. One of the big reasons people choose transportation of this type is for the fun of riding. All you have to do is strap on a helmet and off you go. There is also the gas mileage to take into consideration. Scooters and many used mopeds should average well over 40 miles mpg. Gas mileage varies and with a Tomos moped, 50-70 mpg is the standard. With these engines, a little gas truly goes a long way. You should remember that, while a used moped can be licensed and registered for in town driving, three wheel scooters need to be driven in off road situations only.

About the Author:
Fred R runs an automotive auction site selling mopeds and scooter. Visit at http://usedcarsbyowner.theamericancarstore.com

Keyword tags: used mopeds, mopeds and scooters

We’re all familiar with calling our client, eyewitnesses, and experts to the stand. But every now and then, there are situations where a non-traditional witness has important information. Never having seen it done, we wonder whether we can call this person to trial. I call these weird witnesses.

What may be a witness?

The common law often excluded weird witnesses as incompetent. Now, virtually everyone is presumed “competent” to be a witness under Fed. & S.C. Rs. Evid. 601. There are a few exceptions.

The presiding judge cannot be a witness in the same case over which he or she presides. Rule 605. A juror is incompetent to testify, although in rare cases the juror might be allowed to testify about extraneous prejudicial information or outside influences on the jury itself. Rule 606. Then there are statutes such as the Dead Man’s Statute and the parol evidence rule (actually both a statutory rule under the UCC and also a common-law rule) which make witnesses incompetent.

Like I said, there aren’t many exceptions to competency. The more difficult question is whether certain weird witnesses, although technically competent, may or should be called.

Post-trial testimony by judges

Okay, judges aren’t weird. However, they aren’t your everyday witness. Rarely are judges absolutely barred from testifying in trials where they are not the presiding judicial officer. When a judge’s expected testimony is about something that arose in a prior trial or case, no one wants to call him or her unless absolutely necessary. I suspect that the issue arises more often with the state judiciary than in federal courts, and in my experience, the judge typically sought to be a witness is a state magistrate. This is true for two reasons: (a) first, although record-keeping is much improved in modern times, sometimes the magistrate’s record is incomplete; (b) second, magistrates sign arrest and search warrants which are occasionally the subject of attack in general sessions courts in motions to suppress.

So what’s the rule? Judges aren’t prohibited by Canon 2 of either the Code of Conduct for United States Judges or the South Carolina Code of Judicial Conduct from acting as involuntary (i.e., under subpoena) character witnesses; however, Canon 2 requires the judge to discourage someone from calling her, except when the demands of justice require it. Think about it – imagine how uncomfortable you as an adverse attorney would be if you had to impeach a judge’s credibility?

Judges also are competent to testify in later trials about a prior case over which they were involved as the judicial officer. However, the modern trend is not to let them, “unless the testimony: (1) is critical, and (2) can be obtained by no other means.” In re Whetstone, 354 S.C. 213, 580 S.E.2d 447 (2003). See also United States v. Dowdy, 440 F. Supp. 894 (W.D. Va. 1977) (examination of judges as to basis for their opinions disallowed “absent extreme and extraordinary circumstances”). “To show extraordinary circumstances, a presumption as to the regularity of the acts of public officials must first be overcome.” Id. 440 F. Supp. at 896.

Canon 2 also warns against judges sua sponte communicating information to a sentencing judge or a probation or corrections officer. However, a judge may provide information to them if formally requested.

Executive officers

Yes, even executive officers can be made to testify. President Monroe answered written interrogatories, President Nixon had to respond to subpoenas, and President Ford was deposed in a criminal prosecution. Mark Sanford has been sued in a declaratory judgment action in which it was claimed that he was ineligible to serve as governor.

The apogee of a federal executive officer’s involvement with the judicial process is Bill Clinton. He testified in two video depositions for use in criminal proceedings. That was just his start. Paula Jones v. William Jefferson Clinton, 520 U.S. 681 (1997) shows that even the highest executive officer in the land may be sued for wrongdoing while in office. Similarly, in Paula Jones v. William Jefferson Clinton, 36 F. Supp. 2d 1118 (E.D. Ark. 1999), President Clinton was tried and found in contempt. Judge Wright found that his conduct (lying in depositions, interrogatories, an affidavit, and through his attorney – stuff like that) involved dishonesty, fraud, deceit or misrepresentation, or was prejudicial to the administration of justice. Oh yeah, then there was the impeachment before the House of Representatives.

Other officials in the executive branch may be deposed assuming they have knowledge of important facts. Atlanta Journal and Constitution v. Atlanta Dept. of Aviation, 175 F.R.D. 347 (N.D. Ga. 1997) (mayor of Atlanta). Nonetheless, the higher up the food chain, the less inclined a judge will be to allow discovery. For example, it’s been held that an oral deposition of a cabinet-level official usually won’t be allowed. Peoples v. Dept. of Agriculture, 427 F.2d 561 (C.A.D.C. 1970). Moreover, as with judges, a member of the executive branch should not be deposed or examined about his official decision-making process when the decision was made in a quasi-judicial manner. United States v. Morgan, 313 U.S. 409 (1940) (Secretary of Agriculture).

Legislators

Though they are excused from court on certain days during the legislative session, legislators generally are competent and not privileged from testifying at trial. Occasionally one hears of a congressman or senator being called as a character witness, such as when Senator Daniel Inouye recently testified in Alaska Senator Ted Stevens’ criminal trial. Once I had an opponent name a legislator as a character witness just days before trial. After thinking about it, I agreed to waive the late notice if my adversary promised to call the legislator.

More interesting is whether a legislator may testify at trial about the legislative intent behind a statute he wrote or with which he was involved. The federal courts do take notice of legislators’ comments on the house floor during the legislative process.

It’s much harder to determine what goes on in the South Carolina General Assembly, which has steadfastly rejected real accountability. The legislators usually do voice votes so usually no one knows for certain how they vote. Thus, it’s with some logic that since the days of Justice John Rutledge, South Carolina courts refuse to allow members of the General Assembly to testify about the legislative intent of a law, even when the statute’s wording is unclear. See Executors of Rippon v. Executors of Townsend, 1 S.C.L. (1 Bay) 445 (1795).

Bailiffs, sheriffs, and clerks of court

Cases go both ways on the propriety of calling either a bailiff or a deputy assigned as courtroom security to testify during trial. Obviously, because the bailiff is a law-enforcement officer of sorts employed by the sheriff, there is a danger of prejudicing the defendant. Some courts find a bailiff working at a trial per-se incompetent to testify. Other courts allow a bailiff, or sheriff acting as bailiff, to testify depending upon the situation. The issue often turns upon how closely the bailiff is associated with jurors at trial. For example, a bailiff who merely called out the names of jurors while assisting the clerk during voir dire is less likely to influence them than the specific bailiff assigned to escort and guard the jury throughout trial. See generally 98 C.J.S. Witnesses § 197 (Supp. 2008).

More common (and less problematic) are scenarios where a clerk of court is called to testify about the authenticity of court records in her office. This practice is typically allowed. It’s rare to find a case where a party was denied the right to call a clerk as a witness (or objects to a clerk being called).

The ultimate in weirdness

In closing, here’s the oddest of all South Carolina litigation weirdness. In 1935, Gov. Olin Johnson became awfully tired of top Highway Commissioner Ben Sawyer and his gang of pesky confederates interfering with Johnson’s politics. They weren’t carrying out his policies. (Sound familiar?) What took place sounds like a banana republic.

One clear October day shortly before Halloween, the Governor issued a proclamation. In it, he declared the state highway department in a state of “insurrection” and “rebellion.” Gov. Johnson called out the state militia (newly named the “Insurrectionary Troops”) under Major Frank Barnwell. Barnwell was ordered to seize all highways, ferries, and bridges.

Major Barnwell simultaneously invaded the State Office Building where the highway commission’s offices were located. Machine guns were planted at building’s entrances. Sentinels were posted around the building. When the members of the highway commission tried to enter, they were repelled. New, loyalist highway commissioners were appointed who fired the 2,000 employees of the commission, including Ben Sawyer. The militia also seized control of several banks having highway department money. Habeus corpus was suspended.

The supreme court heard the matter in its original jurisdiction. In a 13-page unanimous opinion (per curium, naturally), the court told the Governor that there was no insurrection, to get over it, and reestablished the status quo. Thanks goodness for the judiciary. For the ultimate in weird, every lawyer should read Hearon v. Calus, 178 S.C. 381 (1935).

Next month: More weird witnesses!

Reprinted with permission from the South Carolina Bar. The article originally appeared in the May 2009 issue of South Carolina Lawyer magazine.

About the Author:
http://www.grimcab.com/attorneys.php?id=4 Warren Moise is a member of http://www.grimcab.com Grimball and Cabaniss, LLC, in Charleston, SC. Warren brings to his practice 20 years of experience, specializing in http://www.grimcab.com/insurance/defenselitigation.php insurance defense litigation cases, representing automobile dealers and insurance companies in coverage disputes.

Keyword tags: witness, evidence, warren moise, grimball cabaniss, attorney, lawyer, attorneys

When it comes to choosing four wheelers for sale a buyer is faced with many choices. Luckily, there are a number of quality used four wheelers for sale in the open market. Some of the favorite used four wheelers are Suzuki ATVs, Kawasaki ATVs, and Honda ATVs. Any of these workhorses would make a great choice and they are all capable of providing you with quality performance and reliable service for many years.

The people who are looking for four wheelers for sale can expect to find many that will match their expectations. These four wheelers can be purchased at substantial savings compared to the cost of new ones. Even though you are purchasing a model that has been previously owned, it does not mean that it is of lesser quality. Indeed, many of the used ATVs have been driven very little and you can often find them still under their original warranty.

They are designed to handle rough treatment and types of weather and terrain and having a few hours of driving history does not mean they are any less reliable. Buyers can expect to find some great bargains when they hunt for used four wheelers for sale. You can put used four wheelers for sale to the test by taking them out for a test run. You can tear through the woods or race across your favorite 4-wheel track. This will give you the opportunity to gauge the performance and handling. You can listen to the way the engine sounds and get a sense of how well it has been maintained. This is a fine way to see if the response and drive of the machine are satisfactory.

Four wheelers for sale are meant to provide their purchasers with plenty of thrills and pleasure as you tackle challenging courses together. Used four wheelers for sale are no exception; there are few tasks that they cannot handle. Mud, water, embankments, and other terrain obstacles are easily conquered when you use one of these for your means of transportation.

You can get used four wheelers for sale at very reasonable prices. You can also add some attachments and turn your ATV into a very useful helper that can assist you with removing snow from your walk, or plowing a garden. Their ability to be used in many situations adds to the reasons people should give four wheelers for sale a second glance. When someone is planning to only use this machine a few times a year, a used four-wheeler makes a logical choice.

For people who love to hunt, any of the used four wheelers for sale can be converted into a perfect companion. By attaching a trailer, you can use it to haul your hunting equipment and even your dogs. By purchasing one of the many used four wheelers for sale that are on the market you can save money and lose nothing in service or dependability.

Today people who are looking at four wheelers for sale will find them available and equipped with features such as two wheel and four wheel drive and fuel injection engines. These features offer superior performance and handling power. Four-stroke engine performance can also be found on many of the four wheelers for sale today.

About the Author:
TrymV runs the online auction based site http://www.americanatvstore.com Check if out if you are looking for ATVs and Four Wheelers For Sale

Keyword tags: four wheelers for sale, used four wheelers, 4-wheelers for sale