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Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Municipal Law for Texas on
Q: How can I contest a speeding ticket when the speed limit sign was down?

I was stopped and ticketed for speeding within city limits where a 30 mph sign was found on the ground, and the previous posted speed limit was 40 mph. I took pictures, spoke with neighbors who confirmed the sign was down, and informed the city. They insist it's my responsibility to know the... View More

John Michael Frick
John Michael Frick
answered on Feb 15, 2025

Take pictures of the down sign as well as pictures of the last intact sign on the road in your direction of travel.

You need to show that the last sign that was up is 40 mph and that the down sign would have been the first reducing the speed limit to 30 mph.

You will need to...
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1 Answer | Asked in Traffic Tickets and Municipal Law for Ohio on
Q: Window tint ticket in Ohio. Proof of insurance shown, but not marked on ticket. I have questions.

Received window tint ticket in OH. As the officer was handing me my ID and the ticket, he asked for proof of insurance (POI), which I showed him, but he had already marked that I did NOT provide POI on my ticket. When I showed him proof, he marked on my ticket (the carbon copy) that I showed... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 16, 2025

The main concern is the proof of insurance. You need to show up for Court in order to demonstrate proof of insurance.

I do not believe there is anything you can do about not marking proof of insurance on the ticket.

Removing the window tint may be helpful, but it is not a defense....
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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Florida on
Q: I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were jo

I am currently in a lawsuit against the county property appraiser in Florida in the circuit court. My wife and I were joint plaintiffs my name was not on the deed when we filed because of a clerical error. I am on the deed now and it has always been our homesteaded residence. the opposing council... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 9, 2025

It appears that the issue is whether you are entitled to the homestead exemption despite your "not [being] on the deed when [you] filed because of a clerical error". Presumably the depositions were mainly for the purposes of clarifying the nature of that "clerical error". I... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: What NYS/NYC legislation or code is applies to retention of records pertaining to a reported assault 4 a prop mgnt co.?

I visited a mall in Queens, NY on 08-04-20. To open the doors of the mall I used my foot to press the handicap door opener button. In the elevator I pressed the button for the floor of Target. A male janitor appeared in front of the elevator & stuck a broom he had into the elevator activating... View More

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Record retention statutes typcially apply to certain businesses and its records or practices, and vary in application and duration. For example, hospitals are required to keep certain records for a fixed periof of time because these are medical records. You want to obtain records of a complaint... View More

0 Answers | Asked in Business Law and Municipal Law for North Carolina on
Q: Can 2 partners in a real estate partnership in North Carolina exclude the other 2 partners without notice, sell property

My physician wife and I moved to Massachusetts in July 1998, after owning the building for 7 years with the 2 partners who seized the real estate partnership, within months of our move, filed notarized statements with Registry of Deeds stating we 2 partners has given them, for consideration of one... View More

1 Answer | Asked in Municipal Law for California on
Q: My home abuts a “paper” alley. What are my rights and responsibilities? Is half the property mine to use?

My neighbor has built on and taken the entire alley with no permits or planning.

James L. Arrasmith
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answered on Jan 27, 2025

If your home abuts a paper alley, your rights and responsibilities depend on local laws and the ownership of the alley. A "paper alley" is typically an undeveloped public right-of-way, and in many cases, ownership remains with the municipality, even if it's not maintained or in use.... View More

0 Answers | Asked in Municipal Law for Iowa on
Q: can a city require a person who only holds a contract interest to "register the property as vacant" and appoint an agent

for service of process within 50 miles of the iowa city

1 Answer | Asked in Traffic Tickets and Municipal Law for Maryland on
Q: What is the law regarding someone parking in front of your mailbox and blocking it for days at a time ?
Lee Eidelberg
Lee Eidelberg
answered on Jan 23, 2025

It depends where you live, particularly if the mailbox is located on your personal property. I suggest you call your local police precinct to report the incident - if there is an applicable law, an Officer can issue a Citation, but that doesn't necessarily mean the car will be moved.... View More

2 Answers | Asked in Civil Litigation, Personal Injury, Wrongful Death and Municipal Law for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 23, 2025

Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Municipal Law for Missouri on
Q: Can I live in my own home in the city limit of Webb City Missouri without having utilities on
James L. Arrasmith
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answered on Jan 18, 2025

Living in your own home within the city limits of Webb City, Missouri, typically requires that utilities like water, electricity, and sewage are connected and operational. Local ordinances usually mandate utility services for habitability to ensure public health and safety. These rules are designed... View More

1 Answer | Asked in Criminal Law and Municipal Law for Tennessee on
Q: If they allegedly found a small amount of meth in my car and didn't take me to jail with the evidence is it dismissible

I was asleep in my car. Passed sobriety test and was gave a summons to court for simple possession, casual exchange, and

Unlawful drug paraphernalia

Anthony M. Avery
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answered on Jan 10, 2025

Not sure of your question. But if the only charge was paraphernalia, then you were lucky. Meth and DUI both have mandatory minimums. Citation instead of a Warrant is irrelevant. You need to get it Diverted, Dismissed and Expunged. If a toxicology is made, evidence is admissible.

1 Answer | Asked in Civil Rights, Municipal Law and Gov & Administrative Law for Maryland on
Q: MD reasonable access to car if I was operater of car and police towed me I have the right to my belongings in car?

As per MD Code, Commercial Law, § 16A-101

§ 16A-101. Police-initiated towing, access to property section (c) if I was the operator of vehicle I should have access to my belongings in the car when I arrive at tow yard??

James L. Arrasmith
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answered on Jan 13, 2025

Under Maryland Code § 16A-101(c), if you are the operator of a vehicle that has been towed by the police, you generally have the right to access your personal belongings inside the car. When you arrive at the tow yard, you should present valid identification and any necessary documentation to... View More

2 Answers | Asked in Municipal Law for California on
Q: Do I have a case and who is at fault? 3 scs(spinal cord stimulator) implanted, 2 in the wrong spot

Do I have a case and who is at fault? 3 scs(spinal cord stimulator) implanted, 2 in the wrong spot

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

I agree with my colleague - it's possible you have grounds for a case. But since these matters invariably involve detailed file review and the opinion of medical experts, your best option would be to try to arrange a consult with a law firm. Attorneys who handle such cases generally offer free... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Municipal Law for North Carolina on
Q: North Carolina handgun & ammo related question.

Let's say I'm currently over 18 and under 21. I'm looking to have a parent purchase the firearm/ammo through a FFL to the give to me through private sale as a Gift. However, I'd like them to use a credit card or the store credit card that's in my name. Would this violate any laws?

James L. Arrasmith
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answered on Jan 10, 2025

This scenario raises several legal concerns. Using your credit card for a firearm purchase that's officially being made by your parent could be considered a "straw purchase" - where someone buys a gun on behalf of another person who can't legally buy it themselves. Federal law... View More

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Nevada on
Q: can the cops force your fingers onto a biometric safe to see if it opens ?

they were searching a house for a gun that was allegedly pointed at someone and unfortunately I am a convicted felon who was accused of just simply pointing a gun at 2 guys that had forced open the garage door on the house I was staying at. So they arrested me and we sat and waited like 3-4 hours... View More

James L. Arrasmith
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answered on Jan 6, 2025

I'm sorry you're going through this. Generally, police need a valid search warrant to search your property, and they must follow proper procedures. Forcing you to use your fingers on a biometric safe can raise legal issues, especially if it was done without your consent or without proper... View More

1 Answer | Asked in Civil Rights and Municipal Law for Arkansas on
Q: I was pulled over and my car was towed. I was not given a citation or a reason for my car being towed. Is this legal?

One of my brake lights was out, my tags were expired. But no citation issued for any offense what so ever. Basically, two men with uniforms and guns carjacked my car is the way I feel.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your experience. Generally, law enforcement officers have the authority to tow a vehicle if it poses a safety hazard or if there are violations like expired tags or faulty brake lights. However, they are typically required to provide a reason for the tow and inform you... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: I received a “failure to yield to pedestrian” ticket and need advice.

The pedestrian was not in or near the crosswalk as I turned. They stepped in as I turned, and it was too late for me to stop; otherwise, I would have been in the middle of the crosswalk. I was alone in my car. Can I fight this ticket?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 20, 2024

Yes you can fight this ticket, but I would definitely suggest a good lawyer as these are hard tickets to fight. Unfortunately the fact that the person stepped in the crosswalk meant that you needed to immediately stop and yield to the pedestrian.

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Municipal Law for Colorado on
Q: This Thursday is the plea hearing of my offender. I don't agree with what they're offering. Do I have any say?

This is related to a DV case with my ex who is also the father of my children. It has been a long process and he has up the hearing on Thursday. Since our incident he has continued to pick up other cases and I don't feel that they are taking it seriously. I have expressed my concerns and to... View More

James L. Arrasmith
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answered on Jan 5, 2025

You absolutely have a voice in the plea hearing. You can express your concerns to the judge, either directly during the hearing or through your attorney. Make sure to clearly communicate how the situation affects you and your children.

If you feel that the current offer doesn't address...
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