Charlotte Attorney's Informative Blog

Hillary Lamb has owned her Houston condo since 2005, when her youngest son’s father paid for the house in cash in her name. But it’s no longer her property.

The more Lamb tried to keep up with the monthly $184 Home Owners Association maintenance fee, the more it seemed to swallow her like quicksand.

Read more: http://www.foxnews.com/us/2011/02/10/texas-home-owners-association-takes-home-legal-fees/#ixzz1DrmT8cj0

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Posted by Cabarrus County Speeding Tickets

by Texas Criminal Defense

When compared to the vast number of serious crimes that take place in the Houston area, Texas and the country at large – one might consider a conversation about traffic violations to be trivial at best. However, even the issuance and responsiblity for traffic tickets has become a convoluted labyrinth of false leads and long range problems that can haunt even the most innocent driver among us.

One must begin by realizing that thousands of traffic tickets addressing a range of violations are issued on a daily basis. Certainly, one can expect there to be at least a small number of mistakes that occur in the process. Standing in the line at the courthouse to pay a ticket it is not uncommon to hear a person voice their concern that ‘the cop spelled my name wrong’ or ‘geez, I own a blue car not a black one – are you sure this ticket is for me’? Finally, the average citizen must realize that traffic tickets generate millions of dollars that find their way to the city coffers and your ticket may start you down the path of contention not quickly resolved.

The best advice I can give is that if you are stopped for a traffic violation always begin by putting your best foot forward. Be polite and listen to what the officer is telling you about the reason you are stopped. DO NOT come off as aggressive or challenging in any way. The chances that you will be issued a warning versus a ticket increase with a positive attitude.

Finally, if you are given a ticket – double check that the information on it is accurate before signing – it could save you trouble in the future.

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Posted by Cabarrus Traffic Lawyer

From www.nbcmiami.com

Sometimes it pays to have friends in high places, but one former court clerk will have to pay the price for using her job to do favors for relatives.

Shvonne Butler, 27, was arrested Monday for allegedly tossing out traffic citations and altering traffic case results for her relatives and friends, the Sun-Sentinel reported.

Butler was a deputy clerk at the Palm Beach County courthouse and for two years helped out over a dozen friends who were stopped by cops and issued tickets. In all, she may have changed about 42 different cases, authorities believe.

She was an equal opportunity judge, too. Everyone from her boyfriend to her auntie got a reprieve and she even helped wipe suspensions from driving records.

But playing judge could cost Butler more than a traffic ticket. She faces 23 counts of official misconduct, each of which carries a five year prison sentence if convicted. That’s a lot of hard time just for trying to save her friends about $5,300 in traffic fees and court costs.

Butler was caught after investigators found the traffic citations that were supposed to be processed on her desk. Officials said the recipients of the phony justice will still have to pay their tickets or appear in court.

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Posted by Gaston Traffic Attorney

From www.poststar.com

WHITEHALL — A Vermont man who was found passed out behind the wheel of a running car early Sunday was arrested on a host of charges after he tried to run from police, officials said.

Lee J. Thomas, 30, of Poultney, Vt., tried to drive away from police, then tried to run on foot after police got him out of his vehicle, according to State Police.

The incident happened at 4:41 a.m. Sunday, when troopers found a vehicle stopped with its engine running in the driving lane at the intersection of county Route 18 and Beckett Road, police records show.

State Police found that Thomas was passed out behind the wheel of the vehicle, and when they woke him he would not get out and tried to drive off, authorities said.

When troopers did get him out of the vehicle, he tried to run and fought with officers who tackled him, police said. None of the troopers were injured.

Thomas was later found to have a blood-alcohol content of 0.19 percent, more than double the 0.08 percent threshold for DWI, according to police.

He was charged with the misdemeanor of aggravated DWI and misdemeanor counts of resisting arrest, obstructing governmental administration as well as numerous traffic tickets, the State Police public information website showed.

Thomas was released pending prosecution in Whitehall Town Court.

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Posted by Kannapolis Traffic Lawyer

From www.autospies.com

 County District Judge James M. Justin used the power of his office to dismiss nine traffic cases against himself and his wife.

Court records show Justin, who faces an ongoing judicial misconduct investigation, dismissed four illegal-parking tickets he received from 2002 to 2004.

The tickets were “dismissed after explanation” to himself.

Justin also dismissed five traffic tickets, most for speeding, received by his wife, Kim R. Justin, between 1999 and 2009.

The nine tickets carried potential fines and costs of $751, according to court documents.

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Posted by Mecklenburg Traffic Lawyer

From associatedpress.com

SIOUX FALLS, S.D. — A Sioux Falls businessman wants the city and Redflex Traffic Systems to pay back the money to people ticketed after getting caught on their red light traffic cameras.

The Argus Leader reports that I.L. Wiedermann, who sued the city over the automated system’s constitutionality in 2006, appeared in court on Monday with his lawyer to ask Judge Kathleen Caldwell to turn his case into a class action for a third time.

The goal of the class action is to force the city and Redflex Traffic Systems to refund more than $2.48 million in fines collected since the cameras were installed at 10th Street and Minnesota Avenue in 2004.

Caldwell already has denied a similar request on two separate occasions, saying those who paid their tickets had admitted their guilt and waived their right to contest the fine.

An amended version of Wiedermann’s complaint identifies two classes of people affected by the traffic cameras: those who have paid fines and those who have contested them.

The cameras were shut down in June after Caldwell ruled that the city violated state law when it issued civil penalties for the criminal act of red light running.

About 20,000 vehicle owners had received $86 tickets since May 2004.

Caldwell said she will issue a ruling in about two weeks.

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Posted by Gaston Traffic Attorney

From fox8.com

GARFIELD HEIGHTS, Ohio – More than 900 drivers who received tickets from speed cameras in Garfield Heights are getting their money back.

The city is reimbursing about 980 drivers who were ticketed $100 for going exactly 10 miles per hour over the posted speed limit. Any driver caught going 11 miles per hour or more over the limit by a speed camera is issued a ticket.

Law Director Tim Riley says a miscommunication with the Garfield Heights officer reviewing the tickets led to the mix-up.

“There was a certain amount of people that called and said I understood the limit was 11 miles over and I got one for ten miles an hour over, what are you going to do? The mayor made a statement that it was going to be 11 miles over and he wanted to make sure the people understood, so the only fair way to do this was to give back the money,” Riley said.

Riley said the fines of nearly $100,000 will be sent back to drivers in the next two months.

Since the two roaming traffic cameras were put into use in June, Riley said they’ve sent out 11,000 tickets. He said the volume of tickets has gone down in the last month indicating drivers are slowing down.

Despite the fact that drivers ticketed unfairly will get their money back, the group Citizens for a Greater Garfield still say no tickets should be issued. They say the unmanned cameras violate state law.

“The question is whether or not these cameras are changing speed laws to encourage people to violate because now they think I’m not going to get a ticket until 11 miles over, I’m going to go 9 miles over,” Ronald Finnerty said.

Finnerty and others led a petition drive to get the traffic camera issue put on the November ballot. A yes vote would ban the unmanned traffic and red light cameras in the city.

The two cameras are moved around the city, but right now have been focused on school zones. Drivers who are 7 miles per hour over the limit in a school zone will receive a ticket from the cameras.

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Posted by Cabarrus Traffic Attorney

From thebluebanner.com

For some local drivers, a lead foot could lead to a light wallet.

According to a report released Sept. 2 by the group Speedtrap.org, Asheville was named the worst speed trap city with a population less than 100,000 in North Carolina.

Speedtrap.org operates the National Speed Trap Exchange. The site provides an online forum where users can pick from all 50 states and most of Canada, and find speed trap locations in virtually any city or town.

According to the National Motorist Association, which sponsors Speedtrap.org, the data used to determine which cities to name as the worst speed traps came directly from the National Speed Trap Exchange.

The worst speed trap city overall in North Carolina, according to the exchange, is Raleigh.

However, local law enforcement defended their patrol tactics against this title.

Melissa Williams, spokeswoman for the Asheville Police Department, said unlike speed traps, Asheville patrol officers write speeding tickets to save lives, not to increase profits.

“We’re out there enforcing speeding from a public safety standpoint,” Williams said. “As far as revenue, that’s not even on the table because we don’t get revenue. If you get a speeding ticket, the department doesn’t make any money from that.”

Sgt. Curtis Jones of the APD’s traffic safety unit said he felt perception had a great deal to do with Asheville’s image as a speed trap city.

Jones said once a month the police force conducts radar training and radar calibrations on sections of Merrimon Avenue and I-240. However, officers are not allowed to pull drivers over during these tests. Jones said he thinks people misinterpret these training exercises as speed traps.

“The illusion that we’re conducting speed traps is actually radar training where officers are not permitted to do any enforcement activities,” Jones said.

Williams said these locations were used because they offer straight roadways for officers to test their equipment.

They also give officers a safe place for training.

“It’s a good gathering place for law enforcement. It’s a safe roadway to sit beside and get the training they need, but they do not enforce,” Williams said.

Summer Sprouse, UNC Asheville junior political science student, recently got her first two speeding tickets in the past few months. She said she felt a greater police presence on the roads recently.

“I think they are patrolling a lot more. I’ve seen multiple officers sitting on both sides of 240 recently,” she said.

Jones said I-240 is a prime location to make sure radars are correctly calibrated before they do the official radar training on Merrimon Avenue.

Trooper Gene Williamson, a traffic safety officer for the N.C. Highway Patrol, said he deals with speeders every day, but doesn’t view Asheville as a speed trap.

“I’m a little surprised,” Williamson said. “I didn’t know that we’d had that honor, if you can call it that. Speeding is one of the leading factors we see in collisions, so in that respect I guess I wasn’t surprised.”

Williamson said speeding is defined as going over the speed limit, but other factors often affect an officer’s decision to take enforcement action against a driver.

“We don’t have a set number over the limit where we start writing tickets. Each officer has their own threshold based on traffic volume, weather, road conditions and other factors,” Williamson said.

He also said construction zones were given extra protection against speeding and that officers patrol those areas heavily, even if workers are not in plain sight.

Jones said although he understood that getting a ticket was never fun, Asheville patrol officers were out to prevent tragedies, not ruin a person’s day.

“Do people like getting tickets? Of course not, but we’re out there to change driving behaviors, which hopefully will reduce motor vehicle crashes and potentially save lives,” he said.

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 Posted by Concord Traffic Lawyer

From www.chicagotribune.com

Drivers, beware: It will soon cost quite a bit more cash if you’re caught breaking the rules of the road.

Beginning Sept. 15, tickets for minor offenses such as speeding up to 20 mph over the limit, running a stop sign or making an illegal turn will carry a $120 penalty, up from $75, under rates set by the Illinois Supreme Court.

Topping the speed limit by 21 to 30 mph will cost $140, up from $95.

The increase in fines is the first since 1993, said Champaign County Circuit Court Judge Jeffrey Ford, chairman of the Supreme Court subcommittee that recommended the increases.

The panel investigated the cost of tickets in other states and found that Illinois’ were lower, Ford said.

“We were a bargain,” he said.

The set increases apply only to offenses that don’t require a court appearance. The cost of many tickets requiring a court date — such as speeding more than 30 mph over the limit — will also go up. But those hikes aren’t definitive because a traffic court judge decides the fines.

A ticket’s cash penalty actually represents a bond rate set by the state Supreme Court. The bonds for minor offenses are accepted as fines for convenience’s sake, Ford said.

Reaction from drivers to the ticket hikes was predictable.

“It stinks,” said Chris McManus, 45, who works for a nonprofit.

“I don’t know where people are supposed to get that money from,” said Joshua Horsley, 32, a computer repairman.

 But pedestrian Bea Penate saw the increase in a different light.

“Maybe drivers will be more cautious,” the student, 28, said.

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