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Questions Answered by Maurice Mandel II
1 Answer | Asked in Traffic Tickets for Oregon on
Q: Do light flashing laws of Washington dictate my vehicle equipment registered in Oregon?

I reside in Oregon near the northern boarder, and I frequently visit the neighboring state of Washington. I'm specifically talking about a motorcycle with a modulating rear brake light. In Oregon ORS 816.100 allows motorcycles to have a flashing brake light. In Washington under RCW 46.37.280... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I think you should be OK as long as you don't move to WA, or reside there for more than 10 days (unless you can prove it was a short vacation). The Commerce Clause of the US Constitution (you heard of that right??? Just kidding) says that no state may pass any laws that unduly burden... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for North Carolina on
Q: Does NC Highway Patrol need suspicion of crime or violation to stop or detain me? Do I have to ID to them/them to me?

I had been stopped by NC Highway Patrol at a checkpoint and asked for my identification. I asked if I had done anything wrong and would prefer not to ID if I didn’t commit a crime, that it was my understanding NC isn’t a Stop and ID State and felt being forced to do so would violate my 4th... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Police in many jurisdictions establish check points where they check all vehicles that pass through, mostly looking for DUI, but also for registration/license violations. These are advertised in advance in the newspapers or on the city website. At these checkpoints the law allows the officers to... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Ticket and mandatory court date for driving with expired registration

My husband was pulled over and given a ticket and mandatory court date for driving our vehicle, which has been uninsured since 2015. We are in the process of getting a new car because the car in question is almost 20 years old, and our mechanic has advised to not put more money into fixing the... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Usually the Court wants correction and will accept proof of salvage as proof of correction. But the only way to know is to go to the court BEFORE your court date and sit through the calendar. Then ask the bailiff if the judge will accept proof of salvage as POC. I recommend you contact several... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Traffic law

So the main reason why I even got pulled over was because I was parked in the parking lot in a motel and a officer came up to my vehicle to see what I was doing and why I was there and I told him that me and my wife was waiting for her to go to work and for the time for her to go to work and the... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Some LEO wait outside bars, when they see someone intoxicated come out they follow the car and pull over for DUI. Sounds similar to what happened to you. Actually the officer could have ticketed you in the parking lot. I think she waited to be sure, because, as you said, you denied her, so she... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: Do I have a reasonable excuse for rolling a stop sign?

I have a torn ligament on my ankle on my left foot and I usually drive with 2 feet which is a habit that I have. Before getting my citation, I twisted my ankle on my injured feet because I hit the side of the car door getting in causing my ankle to swell up and thus losing mobility/range of motion.... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your condition is not an exception to the law for stopping at a stop sign, but you can try to get the judge to be merciful. Of course the Judge could determine that you were physically unfit to drive and should not have been driving in the first place. I recommend you contact several attorneys in... View More

1 Answer | Asked in Traffic Tickets for Oregon on
Q: Cellphone while driving citation in Portland Oregon

Hello I got a cellphone usage citation today with a 270 dollar fine, I was curious if this goes into your driving record and what should I do,I have never had another ticket before, should I pay fine or appeal thankyou all

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You can contact a traffic ticket attorney or the PD and ask if this is a point count ticket, if no, it is not on your record as a point. It always goes on your record. You should also call your insurance company to find out if they will raise your rates for such a ticket, and how much. Then you can... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was just issued a traffic citation for driving without a license, on probation, what should i tell my PO

Also am i likely to recieve a probation violation for this? The officer i was pulled over by said i should have nothing but a small fine to pay, this is my first traffic violation and would be my first probation violation, is it likely my probation officer would let me off with a warning?

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Many other factors will determine outcome. You are on probation for what? You have a license but did not have it with you? Your license is suspended? All have differing results. Best to discuss with your PO before he gets a report from DMV. I recommend you contact several attorneys in your area... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Hi. I'm wanting to see how I can go about getting this resisting law enforcement with a vehicle charge dropped??
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Your question asks for a specific response about a specific charge. Justia's ask a lawyer isn't the place for that. You need to contact an attorney handling criminal law/traffic tickets to discuss all the facts and see what can be done. Not clear if this is a criminal charge (Misdemeanor... View More

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What penalty can I expect when I go to court for allowing a 16 yr old minor to drive and got pulled over and ticketed
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I think the current penalty is that you have to watch reruns of "The Jersey Shore" for 48 hours. Sorry, seriously, you will probably be given a fine. You might be able to contact the Court in advance to find out how much they want to assess. If you go to Court you may be able to have... View More

1 Answer | Asked in Traffic Tickets for Virginia on
Q: I got 2 speeding tickets, over the speed limit, & car not being insured. I want know can I pay and not go to court?

Sorry I got 2 tickets not 2 speeding tickets that’s a typo error. For the speeding ticket, I didn’t pay attention to my speed and was stopped by the police, he said you are speeding and I said I’m sorry I didn’t realize, then he asked if I had insurance and I said no. Due to not having the... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Usually, you can post "bail" before your court hearing and if you don't show, you are adjudge guilty and your bail is forfeited. You have some real problems. The speeding charge will carry points against your driving record and your insurance could go up, SIGNIFICANTLY. (if you have... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Juvenile Law on
Q: My son got a ticket for speeding and a driving without a licence when he was 16. We were never called and notified

He is now 18 almost 19 and recieved a call from the court that would have had jurisdiction if he had been an adult. The told him he had a warrent and had to pay them or he would be arrested, the court clerk also told him that they were just waiting until he turned 18 to issue a warrent. I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

When you are pulled over for a traffic violation, the officer usually writes information on a citation and the driver has to sign that, which contains a promise to appear, in lieu of being immediately arrested, taken to jail and the car impounded. Most people sign rather than go to jail. That... View More

1 Answer | Asked in Employment Law for Texas on
Q: Being sent out of country to do work not in my current job description. Is there a minimum # of hours i am paid for?

I am an hourly employee, I am being sent to Mexico to perform inspections. I was formally an inspector. Before I was paid 24/7 while out of country. Being told now, I will only be paid hours worked. Is there a minimum # of hours I must be compensated for? If I am away from home and work is... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You are entitled to be paid for all hours worked. Your employer may not realize that this can include your travel time, so keep good records of all travel time. You are usually not entitled to be paid for the time spent leaving home and going to work, but since you are going to be on the job 100%... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Can employer deny PTO after it has been approved because I am now putting in 1 month's notice?

I am planning on working the week following my vacation. They have known about my honeymoon since February and it is July now. There are no guidelines on PTO in the handbook.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Laws on this vary from state to state, however, in my opinion, if you are employed both before and after you take the approved PTO, the employer has to pay you for it in accordance with their policies. You should not have given notice until you returned from vacation, you created the problem by... View More

2 Answers | Asked in Employment Law and Contracts for Florida on
Q: If an employer that fired you never responds to reclaim their equipment, can I keep it? I made a reasonable return attem

Previous employer let me go in january. Ive made attempts to return laptop equipement. They say theyll get me the stuff tomorrow but never respond.

They sent a response after 3 months of no response asking if i would like to buy the equipment. I said no. They have not since responded.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

It is the employer's property. You need to protect yourself from a later false claim that you wrongfully retained it. I would suggest a letter sent by Certified Mail, return receipt telling employer that you will hold the property for an additional 15 days and then will consider it abandoned.... View More

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1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: My former employer is not paying my full time earned for my last month of work. Over $4,000. What can I do?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Under the Fair Labor Standards Act, employees are entitled to minimum wage for all hours worked, and may get double damages for non payment, plus other interest and penalties. Be sure to send a written demand for wages. You can contact the US dept of Labor or the Tenn. Labor commissioner. You... View More

1 Answer | Asked in Employment Law for Kansas on
Q: My employer is requiring me to travel for a conference. What travel time should be paid?

I will be traveling from KS to FL. It will be approximately 12-15 hours of travel time in 48 hours, in addition to an 8 hour conference. This is a required event. The first half of the trip will be during work hours, the second half after the conference will not be. How much of this travel time, if... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Well, in THEORY, the travel time is working time and your are entitled to be paid for it. In practice, the best thing for you to do is to discuss this with your employer beforehand and have an agreement as to how much you will be paid. Consider, how much would you have been paid if you were... View More

1 Answer | Asked in Employment Law for Connecticut on
Q: I'm a CA resident, live there & offsite/home based work. My employer is based in CT. Which state labor laws apply?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

You can certainly argue California labor laws apply. You are working in California. Remember, you are an at will employee, and if you make too much fuss, even if you are right, you can be terminated without any reason. Then you don't have a job but you may have a lawsuit. IMO having a job is... View More

1 Answer | Asked in Employment Law and Civil Rights for Alabama on
Q: Is it legal my husband's job put the workers into teams of two and now each teams hours are combined and split in half?

My husband works at a car dealership & he does get a certain amount an hour (I believe $20). He still actually gets paid per job he does (each job on a car is worth a specific amount of hours) so he gets paid $20 per hour for however many hours the specific job is worth. like say a car job he... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

The Fair Labor Standards Act is federal law and very clear that an employee is entitled to be paid for all hours worked BY THEM. This "pooling" is illegal as you have described it. One of the members of the team is losing pay so the other team member receives pay. Husb. is not required... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I’m employed at a chain daycare. I put in for a transfer to another center. The new director keeps giving me a runaround
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry you are not getting your transfer promptly. You are considered an "at will" employee and can be terminated at any time with no reason needed, unless you have a written contract that says otherwise. If you make too much fuss about not being transferred promptly, you may be fired... View More

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