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1 Answer | Asked in Traffic Tickets for California on
Q: I got a fix it ticket for tint from California highway patrol. Can I pay the bail amount without correcting the tint?
James L. Arrasmith
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answered on Apr 19, 2024

In California, if you receive a "fix-it" ticket for vehicle violations, including illegal window tint, you typically have two options:

1. Fix the issue (in this case, remove the illegal tint) and provide proof of correction to the court within the specified time frame. This...
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1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
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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1 Answer | Asked in Traffic Tickets for Georgia on
Q: How long are you allowed to use hand turn signals in Georgia?
Glenn T. Stern
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answered on Apr 16, 2024

OCGA 40-6-124(a) says you can use hand and arm signals or signal lights. However, if you are on a highway, larger vehicles as described must use lights. Specifically, OCGA 40-6-124(b) requires them

"when the distance from the center of the top of the steering post to the left...
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas on
Q: Pulled over no working license plate light ..lie ..it worked ..asked to search my truck i said no they called out k9

Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More

James L. Arrasmith
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answered on Apr 14, 2024

Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:

1. Probable Cause: The officers must have probable cause to search...
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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: I received a citation for an insurance lapse but showed proof of insurance to cop will it affect my oath ceremony ?

He let me go with the citation no arrest or anything but my oath ceremony is on Friday. Can this get me denied ??

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you've provided, it's unlikely that a single citation for an insurance lapse will impact your ability to take the Oath of Allegiance and complete the naturalization process, as long as you have addressed the issue and can demonstrate continuous insurance coverage.... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Received a ticket with court date and time on bottom but officer did not mark appearance required or not. Do I go?

Ticket is for expired plate sticker (11 months). Officer wrote court date and time but did not mark the boxes..whether it is required or not. Am I supposed to show up on that date, even if I send a payment for the ticket?

Brandon K. Davis
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Brandon K. Davis
answered on Apr 10, 2024

You should not have to appear in court if the box for "court appearance required" is not checked (even if there is a court date listed on the ticket). You can contact the Clerk of the Circuit Court to confirm. Regardless, it is likely that the ticket will be dismissed if you appear in... View More

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Insurance Defense for Arizona on
Q: If a car ahead of me runs out of gas and shuts off in the process of pulling over to the only spot that's not going to

Block traffic and their hazard lights are on, and I crash into them t-boning them, who's fault is it. 3 Lane road with a break in the median she's in the 3rd lane and I'm in the 1st lane the only safe place to pull over is in the median break. Her hazard lights were on as soon as she... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

An Arizona attorney could advise best, but your question remains open for a week. It's possible liability could be apportioned between both of you, depending on how the accident is evaluated by the insurance company investigator. If they didn't have insurance, check the terms of your UM... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Q: I was recently contacted by a police officer who stated that there was a accident at a store in my town and said that

Witnesses told him that it was me they seen leaving the accident, but I was not in the accident. I was actually signing my kids in school late that morning. At the time they say the accident occurred. They gave me three citations failure to register my motor vehicle failure to maintain insurance,... View More

Andrea Rogers
Andrea Rogers
answered on Apr 10, 2024

You can hire a traffic law attorney to represent you for your 3 tickets. You will need to provide proof of insurance, and proof that the damages have been paid for. Depending on which court this is being prosecuted in, how bad your driving record is, and much the damage to the victim's vehicle... View More

2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."

During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as...
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2 Answers | Asked in Traffic Tickets, Criminal Law and Civil Rights for Texas on
Q: Is it true a cop can make you exit the vehicle for any reason even just to violate your rights and purp inflict injuries
James L. Arrasmith
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answered on Apr 10, 2024

No, that is not true. Police officers cannot make you exit your vehicle for any reason they want or just to violate your rights. There are specific circumstances under which an officer can legally require you to exit your vehicle:

1. Reasonable suspicion: If an officer has a reasonable...
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2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was never stopped for these charges. However they are wanting me to pay them in Franklin County Illinois?

IMPROPER PASSING ON THE SHOULDER

IMPROPER TURN SIGNAL. I did not commit either one of the driving violations. And when I called the Franklin County Court Office she said they were dismissed. Now I am being harrassed daily by a collection agency why? I was never given a citation for this... View More

Cynthia Pietrucha
Cynthia Pietrucha
answered on Apr 11, 2024

I'm sorry to hear about your situation. You will need to get a copy of the case docket to confirm what happened to the tickets.

You may be able to find the County's online court records here: https://www.illinoiscourts.gov/courts-directory/89/Franklin-County-Courthouse/court/...
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1 Answer | Asked in Traffic Tickets for California on
Q: Make a safe right turn after checking traffic (no cars) from a far left lane, and got pulled over. Ticket situation?
James L. Arrasmith
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answered on Apr 8, 2024

In California, making a right turn from the far left lane is generally considered an unsafe and illegal maneuver, even if you checked for traffic and there were no cars present. This action violates California Vehicle Code (CVC) 22100(a), which states that right turns should be made as close as... View More

1 Answer | Asked in Traffic Tickets for California on
Q: Can an off-duty cop threaten to pull me out of my car while he is violating the law? (Carlsbad, CA).

I was dropping off my brother at his school. I was not in a school zone. I pulled over to the side of the road, obstructing the bike lane, and there was a no parking sign where I was parked (this is a common drop-off spot for the school). My brother exited the car. I was preparing to drive away... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on the details you provided, it seems that both you and the off-duty police officer were engaging in some form of traffic violation. However, the officer's threat to pull you out of your car was inappropriate and likely exceeded his authority as an off-duty officer.

Here are a...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was given a ticket on the NJ TURNPIKE North bound at 9 am in the morning in the hov LANE the hours going that way are

4 pm until 7 pm why was I giving a ticket ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2024

That is a good question and you and your lawyer if your smart and hire one will find out in court or in the discovery that your lawyer will order. Because based on what your saying you shouldn't have gotten the ticket, but maybe he will testify in court that you were doing something else... View More

1 Answer | Asked in Traffic Tickets and Employment Law for California on
Q: I’m about to go through a background check to get a security clearance for a new job. I had a failure to appear in court

I was driving a company truck in Arizona that wasn’t registered (I was unaware) and I got pulled over and got a ticket. I gave the ticket to the company to pay because it wasn’t my fault and they never did… so I got a random letter in the mail and it said my license was suspended and I missed... View More

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a failure to appear (FTA) in court is generally considered a misdemeanor offense. However, the specific consequences and how it appears on your record may vary depending on the severity of the original offense and the circumstances surrounding your case.

In your...
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2 Answers | Asked in Traffic Tickets for Virginia on
Q: Can I take an online driver course at 19 to offset demerit points for 60mph in a 45 if my prior driving history is clean
David G. Parker
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answered on Apr 3, 2024

Attending a DMV-approved driver improvement clinic voluntarily may result in you being awarded 5 safe driving points. This can be done once every two years. When you enroll you should be able to provide your reason for attending the clinic; if it's entered into the system as being done... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: My son was killed by a 16 year old driver, who is only being charged with FAILURE TO MAINTAIN A SINGLE LANE violation.

The Accident Reconstruction Report, the Crash Report, the Field Report and 2 eyewitness statements are available, and all show that the 16 year old driver crossed over the center line causing the accident. The eyewitness reports specifically state that it appeared to be intentional, with the 16... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 31, 2024

There is nothing you can do for force the county attorney to charge out any particular offense. You can certainly voice your opinions on what you believe should occur in the case, but ultimately, the County Attorney has the ultimate authority of what, if anything, to charge out in this case.

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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