I was written a ticket for improperly wearing my seat belt because the shoulder strap was behind me and not going across my chest. If this is a legitimate violation can some please point me to the state statute on the violation.
If there was a malfunction with the shoulder strap, as it... Read more »
Yes you can be written a ticket for that.
47 O.S.§12-417
A. 1. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly... Read more »
With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?
Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... Read more »
ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... Read more »
Contract is formed when two parties have a mutual agreement and consideration. This is why oral contracts are technically still a valid contract. However, since you have attempted to formalize it with a document, this leads the courts to believe that an agreement is made when both parties have... Read more »
I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... Read more »
If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... Read more »
This is an evolving issue. Contact an employment attorney for more details, however, Oklahoma is an at will state and therefore they business can terminate for almost any reason so that it isnt a constitutional issue (race, religion, age, sex, etc...).
My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »
You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »
If my spouse is already in a relationship with somebody else do I have grounds for divorce
Incompatibility or irreconcilable differences is all you need to get divorced. I would advise you to contact an attorney to make sure everything is completed properly.
Do we as owners of the house pay the property tax and insurance or does our step mother who will remain in the home?
There is no mortgage on the home. The house is in Oklahoma.
You may look into the will/trust that passed the home to you. But if she was granted rights to be there your failure to pay the taxes would in essence force her to move and therefore not allowed. You as the property owners are responsible for the taxes to be paid. -furthermore, even if the... Read more »
I was across town when i got the call and raced to the scene, but by the time i got there my daughter was sitting in the front of a police car and her dad had already been taken to jail and car was being towed away. My daughter was left alone, her dad handcuffed and taken to jail and car towed... Read more »
Based on what you have stipulated in the question, your daughter was left with another officer. So short answer, Yes a minor can be left with another officer while her father was escorted to jail.
I had POA medical firsts they didn't listen to him say he was common law but the only thing he's provided was proof of taxes together but I believe he's controlling mentally abusive shes going to have Brain damage can't let her go back. Weak-minded and moldable if she says... Read more »
No. The person giving you the POA (your daughter) has to be the one giving you the POA and she cannot do that in a coma. You have options if the boyfriends POA does not continue through incapacitation but you would need to have an attorney review it. If that is the case then you may be able to get... Read more »
So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??
Contact a probate lawyer as soon as you can because there are specific laws in how belongings are transferred upon death without a will.
Can you give me the statue of this law to the question in Oklahoma.
Unemployment is payable to an eligible employee, not to heirs or their estate. Therefore when the employee dies they are no longer an eligible employee and the payments must stop.
My ex girlfriend filed a VPO against someone else. The lawyer I hired for her on that case turned around and represented me in a domestic case against her. Is that a conflict of interest?
This is a fine line. If the lawyer obtained information about her during her case, and is now using that against her, then that would be a conflict. If there was no information gathered then it is probably not. Again this is a fine line, and most lawyers would steer clear of it. If you truly... Read more »
I called clerk and they didn't have my ticket on record.
With technology in todays world a signature of the officer is often not on the printed citation, however, their name should always be on there. As far as the amount, that is not required to be on the citation as these amounts do change and the officer is not responsible for that. A date of the... Read more »
The hospital wrote off my son's fathers bill, Air-Evac wants 64, 000 . This would mean my son would have to sell his home to pay his dad's life flight bill. Does my son have any rights since he is disabled and on SSDI ?
You need to contact a probate attorney as soon as possible to give them all the details and specifics. This is not something you need to wait on or attempt to handle yourself.
Are there curfews in place? Are there restrictions to the alley? Are there also other residences nearby? - bird watching could easily be construed as peeping and therefore not legal. You need to be more specific and if you have been cited or detained for this then contact a criminal law attorney... Read more »
There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »
More details are needed, however a simple motion is only that until a judge has a hearing and makes a ruling on that motion. Therefore, until that time the short answer would be no.
I know a family that I’ve been told is doing this.
I don’t have personal knowledge, but I’m concerned.
With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)
Additionally, there are minors who also have medicinal marijuana... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
