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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

James L. Arrasmith
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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 11, 2024

Regarding REAL ID and driver's licenses in Maryland:

- The federal REAL ID Act requires states to meet certain security standards for state-issued driver's licenses and ID cards in order for them to be accepted for certain federal purposes, like boarding commercial aircraft....
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Georgia on
Q: Can a resident manager of a mobile home park in the state of Georgia fine a resident for running a stop sign in the park
James L. Arrasmith
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answered on Apr 10, 2024

In the state of Georgia, a resident manager of a mobile home park generally cannot directly fine a resident for running a stop sign within the park. Traffic violations are typically enforced by law enforcement officers, not private property managers.

However, the mobile home park may have...
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1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: The city abandoned a road In front of property I own without notification. Is this ok?

I went to look at my property, and I came upon "K" rail blocking my access, and I saw that the road was Jack Hammered in front of where my property lies (Land). I've been going to my lot each month, to keep it clean and preparing it so I may build on it one day soon. My intention... View More

James L. Arrasmith
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answered on Apr 8, 2024

Under California law, a city generally cannot abandon a public road without following a specific legal process, which includes providing notice to affected property owners. The California Streets and Highways Code (Sections 8300-8363) outlines the procedures for abandoning public roads.... View More

2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

James L. Arrasmith
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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Are Walmart parking lots considered private property?

Long story short, I need to pay my car’s tags, it’s been a rough year so I kept putting them off with each disaster, and I’ve recently started getting parking citations for my car’s tags when I am at work. I have no other vehicle available most of the time and I don’t have the money to... View More

James L. Arrasmith
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answered on Apr 8, 2024

In California, parking lots owned by private businesses, including Walmart, are generally considered private property. However, this does not necessarily mean that you cannot receive parking citations for expired tags while parked in these lots.

Here's why:

1. Private property...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Virginia on
Q: My car got tow from someones property while I was in the hospital and I never got notified is that legal
James L. Arrasmith
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answered on Apr 7, 2024

It's crucial to understand that towing laws can vary significantly from one jurisdiction to another, and specific circumstances play a critical role in determining legality. Generally, property owners do have the right to remove unauthorized vehicles from their property. However, most areas... View More

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for New York on
Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

James L. Arrasmith
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answered on Apr 6, 2024

If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Ohio on
Q: What can I do about a shared driveway owner that won't maintain it?

I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.

Also, the driveway is approx. a quarter mile long.

James L. Arrasmith
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answered on Apr 1, 2024

In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:

1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: So I sold my SUV to someone he gets a flat tire on the highway and he leaves couple of hours and gets towed as abandoned

How long does it have to be there to be considered abandoned and what's the impound fee law

James L. Arrasmith
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answered on Mar 31, 2024

The duration a vehicle must be left unattended before it is considered abandoned on the highway can vary depending on local laws. Typically, a car might be tagged as abandoned if left unattended on public property for a period that could range from 24 hours to several days. It's important to... View More

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Q: if you open the door for a officer, is it their right to cover your ring camera without permission?

I was told by an officer, they only cover the ring camera when a person doesn’t open the door for an officer. My ring camera was not covered at the time, but as the search went on the camera was covered .

Serge Jerome Jr.
Serge Jerome Jr.
answered on Mar 29, 2024

That's tampering with evidence and is illegal. You can sue the for a civil rights violation, though your judgment would be nominal without other damages and you can file a motion to suppress any evidence obtained as a result of the search.

1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

2 Answers | Asked in Landlord - Tenant and Municipal Law for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
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answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some... View More

James L. Arrasmith
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answered on Mar 24, 2024

Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg... View More

1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

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