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Radar Says You Were Speeding... Here's How to Question Its Accuracy.

Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they...

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North Carolina Limited Driving Privilege
Post On Aug. 21, 2012
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Requirements Alcohol Assessment DL-123 Form- Contact Insurance Company Affidavit Work Letter- for Extended Hours $100.00 Filing Fee The first requirement for the limited driving privilege or hardship license is to perform a alcohol assessment. This assessment costs around $100 and after you hire...

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How to Evict a Tenant In California: The Typical Process of a California Eviction
Post On Jun. 11, 2012
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Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without...

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What to Do, and Not Do, If Stopped for DUI [California]
Post On Jun. 08, 2012
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Do not flunk the attitude test ; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/...

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Child Abuse Crimes in Michigan
Post On Mar. 29, 2012
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In Michigan there are 4 specific criminal allegations that constitute Child Abuse : Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a child. Child Abuse in the First Degree is punishable by up...

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Griswold v. Connecticut Back in the Spotlight As Birth Control Debate Resurfaces
Post On Mar. 29, 2012
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Supreme Court decisions remain relevant long after they are decided, often setting legal precedent for years and even decades. The landmark decision of Griswold v. Connecticut is a perfect example. Vice President Joe Biden referenced the case in a speech at a political fundraiser I attended earlier...

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Should I File My Employment Discrimination Claim with the EEOC or the ERD?
Post On Mar. 13, 2012
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A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC). While both entities...

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CHILD PROTECTIVE SERVICES (CPS) TERMS
Post On Jan. 11, 2012
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Child Protective Services Terms If you are going through a CPS case, you will hear many words that you won't understand. Below are terms defined to help you understand what you may be hearing as you go through your case. Most of these terms can be found in North Carolina’s Juvenile Code: N.C....

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Do You Need to Intend a DUI?

This is taken from a legal brief I submitted to the City of Seattle in 2010. At common law it was said that “to constitute a crime against human laws, there must be, first, a vitious will; and, secondly, an unlawful act consequent upon such a vitious will." State v. Eaton, 168 Wn.2d 476, 229 P.3d...

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Pro Se Litigant Guide to Modifying Custody
Post On Dec. 05, 2011
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The purpose of this guide is to help and assist a Pro Se Litigant in obtaining a custody/parenting plan modification in the State of Florida. The guide shall give a brief overview of the legal requirements to obtain the modification, and shall reference the necessary Supreme Court approved forms to...

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Employment Disability Protection Under California's Fair Employment and Housing Act and Federal ADA
Post On Dec. 05, 2011

This guide summarizes some important differences between the employment-related disability laws in the California Fair Employment and Housing Act, Government Code sections 12900, et seq. (FEHA) and the federal Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), as of...

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Top 10 Ways a Breath Test May be False: Focused on Intoxylizer 5000 EN

Introduction to Breath Testing It is important to understand the inner workings and the theory behind breath testing in order to understand how it can be wrong. It behooves all attorneys that deal with breath test evidence to attend special seminars and obtain practical hands on experience with...

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Why would the police take you off camera for the DUI Field Sobriety Tests?
Post On Sep. 15, 2011
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There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its the truth. If there...

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Dangers in Using Unauthorized Representatives (Notarios) When Preparing Immigration Documents
Post On Jul. 31, 2011
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Definition of Authorized Legal Representative An authorized legal representative is a person who is permitted by law to provide legal assistance to concerning immigration law and procedure. Attorneys licensed in the United States can provide immigration advice so long as they are permitted to...

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Basic Guide to Maryland Drivers License Suspension and Revocation Hearings
Post On May 16, 2011
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Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even...

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FREQUENTLY ASKED QUESTIONS ABOUT LONG ISLAND TRAFFIC TICKETS (full version at traffic-lawyer.com)
Post On Mar. 27, 2011
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FAQ 1 - Should I plead guilty to my traffic ticket? NO. Never plead guilty! I can't begin to tell you how many clients plead guilty to a first speeder and then wind up suspended because they get another one soon after. How your case is handled depends upon WHAT COURT you are to appear before and...

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Ohio Criminal Law Basics

Criminal law is one of the oldest of the major branches of law. It spells out rules of conduct for society to follow and provides for penalties when those rules are broken. The law also protects by shielding citizens from wrongful prosecutions and mistakes made by law enforcement officials,...

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Self Disclosure in Employment: A Guide for Individuals with Disabilities
Post On Jan. 21, 2011
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Am I required/ How much am I required to tell an employer about my disability? The information you must disclose to an employer is dependent on whether you will need accommodations and the nature of those accommodations. Employers are only required to provide reasonable accommodations for “known"...

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How to Fight a Traffic Ticket in Washington State
Post On Jan. 11, 2011
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Examine the face of the ticket. 1. Make sure the officer signed the ticket. If the officer forgot to sign the ticket, you can win, because the ticket is no longer admissible. 2. Make sure the ticket properly lists the offense. Sometimes, the officer accuses you of the wrong infraction. Look up the...

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40 Ways to Beat a DUI in Washington State
Post On Oct. 05, 2010
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If you have been arrested for DUI or DWI, it is obviously cause for concern--but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's Top DUI and...

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