James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

I'm sorry to hear about your experience. Police officers generally need reasonable suspicion to make a traffic stop. If you didn't commit a traffic violation but the officer believed you might have information related to an ongoing investigation, they may have grounds to stop you.... View More

Are you asking in relation to your husband? If the car is registered to you, and not your husband, then you would be the only one responsible.

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have... View More

Absolutely. In fact, some departments and areas have license plate scanners mounted on vehicles they can use to just drive around a parking lot of run all plates almost instantly.

I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance... View More

You need to contact the Court in Florida to get this ticket resolved and off your record. So old, probably a failure to prosecute. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and... View More

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answered on Jan 1, 2024

Generally, if you are placed on probation and then subsequently convicted of new charges, it could be considered a violation of your probation. The terms of probation often include a requirement to avoid new criminal offenses. If you are facing court for charges that occurred before you were placed... View More

The court is the one that reports - or "abstracts" - data to the Secretary of State, so they would need to change the date.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More

Yes. because you should not have been driving if you were so tired that you would fall asleep.

Not on that basis alone. That would be considered a "scrivener's error", like a typo, and irrelevant to the charge. However, that might be supporting evidence of the officer's inability to correctly observe and write up the violation, perhaps because the officer was tired or distracted.

Yes. But in the end, it doesn't really matter as all it takes is one probation violation.

Possibly, but you were cited and need to appear in Court to explain that to the Judge. This arises in the area of traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

Very fact-dependent, but short answer is yes.

What's the question? If you dispute the ticket, you can request a formal hearing and be heard. Arguing roadside with the police is of little value.

Was a vehicle registered in your name in a handicap spot? That could result in your being responsible even if you were not the driver.

No. They can amend those tickets to correct errors like that.

You are reading it correctly. Although I would suggest not to tempt a police officer. Getting into a legal dispute about whether you were "moving" is probably not a good use of your time or money to fight.