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Questions Answered by Mark Oakley
2 Answers | Asked in Traffic Tickets for Maryland on
Q: I got three tickets at once, one was TA.21.901.2 {aggressive driving} also TA.21.800.1{Speeding} and TA.21.309.B

the last one was for changing lane unsafe. Does the speeding and change of lane meet the critera for aggressive driving? Should it be three violations?

Mark Oakley
Mark Oakley answered on Mar 30, 2020

Request a trial, not a waiver hearing. This is a 5 point offense. Unsafe lane change, together with the speeding and at least one other violation on the aggressive driving list of violations is needed to qualify as aggressive driving. It is possible the officer identified a third violation but... Read more »

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I paid all of child support & child is now in late 20s. How long do I need to keep the records proving I paid?
Mark Oakley
Mark Oakley answered on Mar 29, 2020

While generally the statute of limitations is three years to sue for non-payment of a debt, with child support you are dealing with a court judgment or order, and in theory, the payee parent could attempt to enforce the child support award for up to 12 years (although the 12 year limitations really... Read more »

2 Answers | Asked in Libel & Slander and Civil Litigation for Maryland on
Q: Can I sue in Maryland for loss wages, attorney fee, emotional distress, slander, etc

Hi. I’m a 22 year old female who’s life was flipped

Upside down. My ex charged me with theft over 100k, embezzlement, and theft scheme after I broke up with him. I was indicted, arrested, and two years later my case was nolle prosequi.

My ex never told the state’s attorney... Read more »

Mark Oakley
Mark Oakley answered on Mar 29, 2020

Yes, you can sue. There are recognized "causes of action" that provide the legal basis for a recovery of damages (even though there may be several such grounds, you can only recover one set of damages). It's not so much proving the amount of damages, but collecting them if the defendant does not... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: Im trying to get into college but I’m being asked so many questions I don’t know how to answer.

My mom passed away in 2011, in her will she left me with my uncle, his wife physically abused me for years at 18 I left the house. And I have no contact with my father what so ever. I don’t know what I’m considered... independent or not ?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

You declare yourself independent and file your own tax returns declaring your personal exemption against a income taxes owed. That’s it. If you lived more than six months outside your aunt and uncle’s residence, and can prove it, that should establish it as well.

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: So in the state of maryland I can film anything from public property? That would mean there's no expectation of privacy?
Mark Oakley
Mark Oakley answered on Mar 25, 2020

“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: My dog walked onto my neighbor's property. I went to get her & my neighbor used his cell phone to audio rec me

I told him numerous times that I didn't consent to be recorded and he ignored me and continued recording is that illegal in Maryland?

Mark Oakley
Mark Oakley answered on Mar 25, 2020

In MD, video recording in public is allowed regardless of consent, while audio recordings require consent of both parties. Most cell phones record both, so theoretically, if you could prove your neighbor recorded audio of you, there may be a violation. In a court proceeding, illegally recorded or... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: How can I find out the contents of the will of an elderly parent who is still living but will not reveal the contents?

There is a deceased spouse who is also joint owner of the will and three adult children are the beneficiaries. The main asset involved is a house that has been paid off.

Mark Oakley
Mark Oakley answered on Mar 25, 2020

You can’t, other than ask permission. What you can do is look up the estate of the deceased spouse and get a copy of that spouse’s will. If the wills were reciprocal (most married couples’ wills are, but do not have to be), then there is a strong chance the living spouse’s will is the... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Maryland on
Q: What could I do, if I have proof that I designed Cloud hosting, before AWS was released.

I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: Can a news station block me from exercising my freedom of speech on their Facebook news posts?

No threats were made, but I did use vulgar language to express my disgust of their coverage.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Yes. Media companies are private parties. The First Amendment only bars the government from infringing on your freedom of speech, not private parties. You can post on your own Facebook page, and bar others from posting on your page. You have no right to force others to let you post on theirs.

1 Answer | Asked in Estate Planning for Maryland on
Q: so i have a car thats in mine and my dads name he just passed away what will happen to my car

the title has my name as primary owner and his name is second he just passed away my sister is trying to put it in his estate but the dmv website says i can just bring his death certificate in and remove his name what should i do i dont want her to put it in his estate

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Do what the MVA tells you: go have the vehicle titled in your sole name. Here’s a link:

http://www.mva.maryland.gov/About-MVA/INFO/27300/27300-36T.htm

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: My uncle died two years ago. His mother and his wife are alive. Does my uncle's mother the right to inherit?

he lived in Maryland, USA.

Mark Oakley
Mark Oakley answered on Mar 7, 2020

Need more facts. Did he have a will? How were his assets titled? We’re there “transfer on death” beneficiaries on any financial accounts? Did he have children? Are any of them minors? His spouse has statutory election rights even if there is a will and she is left less than what her statutory... Read more »

1 Answer | Asked in Contracts for Maryland on
Q: Licensing question

I hired a licensed contractor to perform home improvement to my house. Our contract specified that subcontractors must be licensed and the contractor signed an attestation that his subcontractor held an active contracting license. I’m now finding that the subcontractor holds a business license... Read more »

Mark Oakley
Mark Oakley answered on Mar 7, 2020

Unless there is unworkmanlike performance by the sub, a Court is unlikely to find this to be a material breach sufficient for you to declare the contract terminable. Therefore, I would let that argument go. If you had specifically provided that all subs must hold an MHIC license and that this term... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: I need to get power of attorney for my mother; to cover medical, financial, and business. This is at her request.

My mother is 92 years old, and she is beginning to exhibit behaviors consistent with Alzheimer's and dementia. This is according to her physician. I have not the foggiest idea how to proceed.

Mark Oakley
Mark Oakley answered on Mar 4, 2020

You need at least two documents: (1) a durable power of attorney for general financial matters; and (2) a durable power of attorney for healthcare decisions. They should not be one document--the healthcare POA should be separate. Your mother should also have a will if she doesn't have one, as... Read more »

1 Answer | Asked in Construction Law and Contracts for Maryland on
Q: Is it legal for a licensed contractor to work without obtaining permit where required by law in Maryland?

I signed a contract to install a concrete slab with flagstone. Also stairs that go up to the second floor of my house. It's come to my attention that this work requires a permit. Is the contractor responsible for pulling those permits? I was never informed it is required by law.

I am in... Read more »

Mark Oakley
Mark Oakley answered on Mar 4, 2020

NO. It is the non-delegable obligation of the contractor to apply for and obtain all necessary permits required by law, per C.O.M.A.R. 09.08.01.08. ("Code of Maryland Regulations"--the MHIC promulgates regulations under the Home Improvement Law, and COMAR is where all such regulations appear).... Read more »

2 Answers | Asked in Contracts and Collections for Maryland on
Q: I had a pole barn put up by a co.! everything is fine except I need the 3ft. door raised up 4 inches for concrete!! they

won`t come back to finish it! say they are taking me to collections, I haven`t had a final walk through yet, and they want the final payment!! can you advise me on what to do?? thank you!!

Mark Oakley
Mark Oakley answered on Mar 4, 2020

Was the pole barn built according to specs, and was the 3 foot door (that's an awfully short door) supposed to clear and allow for the concrete? And why wasn't the concrete poured before the barn was constructed? A whole lot of info missing from your facts. If they fully complied with their... Read more »

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1 Answer | Asked in Banking, Estate Planning and Probate for Maryland on
Q: Mom and I got a joint checking account a year before she started to get bad. Is this account legally mine?

My mom passed away and a year before she passed her and I got a joint banking account together. Now that she has passed my sister is taking me to Court for the money in the account. How can she do this when I have survivors rights to the account and it's not part of the estate. She's saying I... Read more »

Mark Oakley
Mark Oakley answered on Mar 2, 2020

You are probably on solid legal ground, but anybody can sue anybody whether they can prove the legal right to win or not. Injunctive relief is permitted when there is an immediate irreparable harm that will occur if the court does not issue an immediate temporary order to stop another party from... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Do I have rights to my deceased father’s estate after his second wife remarried soon after his death?

My father married my stepmother in 1987. He passed in 2011 while they were still married. My stepmother ended up selling the home that she and my father lived in before his death to her daughter (my step sister). My stepsister, in turn, sold the home a few years later for a nice profit. My... Read more »

Mark Oakley
Mark Oakley answered on Mar 2, 2020

Yes, by all realistic scenarios, there is no inheritable estate left, assuming the absence of fraud. Your stepmother could not have sold the house and transferred title to her daughter without having sole title herself, either as joint tenant with right of survivorship on the deed, or by a will... Read more »

2 Answers | Asked in Estate Planning for Maryland on
Q: Options for transferring retirement accounts to heirs?

There are no designated beneficiaries on the accounts.

Mark Oakley
Mark Oakley answered on Feb 19, 2020

If the account holder is deceased, and you are the personal representative handling the estate, then it is possible, and in most cases advisable, to do a direct transfer of the retirement accounts into the names of the individual heirs who would have received the account funds had they been... Read more »

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1 Answer | Asked in Traffic Tickets for Maryland on
Q: I have warrant out for my arrest for traffic citations will they arrest me if I walk in the courthouse

I have to file for a motion of recall

Mark Oakley
Mark Oakley answered on Feb 18, 2020

You never know. The Sheriff's Office typically has deputies present in the courthouse, and of course there are often police officers there for court. While you might walk in, drop off the motion, and not identify yourself as the defendant (the person filing a motion is not necessarily the person... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Rule 10-104 district court of MD Serving the other party via email, is email good enough?

I submitted medical records and bills under rule 10-104, and other bills under rule 10-105. I submitted everything to the court more than 60 days prior to trial and sent to counsel for defendant as well more than 60 days before trial. The problem arises in that I sent it to counsel for defendant... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

Email is only permitted for service when filing through the Maryland e-file portal. All Maryland courts except Baltimore City, Montgomery and Prince George's are currently subject to the e-file system (meaning, it is mandatory for lawyers to use it, but non-lawyers are not required to do so).... Read more »

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