September 1st Brings Just released Traffic Laws to Texas

Filed under:The Lawyers Way — posted on October 23, 2007 @ 11:16 pm

A number of notable Texas traffic and driving laws meant to improve safety on the roads and drivers education cognisance go into effect on Sep 1.

Motor vehicle operators under the age of Operators will now have a harder time getting traffic tickets elminated from their automobile operators. SB 1005 provides that if a driver younger than 25 years of age commits a traffic offense classified as a moving violation, the judge must demand the driver to complete a classroom based or online defensive driving course. In addition, if the driver holds a provisional driver license - in other words, is under 25 years of age - they must submit to a Texas DPS road test in addition to taking an offline or online defensive driving course. Failure by the driver to meet this requirement will result in a final conviction for that traffic offense.

Proof of insurance will be enforced through the new Texas law SB 1670. This law requires the Department of Insurance, in conjunction with Texas Dept. of Transportation and other authorities, to establish a verification program for vehicle insurance in order to try and trim down the amount of uninsured drivers.

SB 1257 prohibits use of wireless communications hardware (including cellular phones) for the first six months after teenagers get their driver licenses. The bill also disallows passenger bus motor vehicle operators carrying minors from using wireless communications devices, except in emergencies or when the bus is stopped. Use of wireless equipment has become omnipresent and is under suspicion of causing accidents.

Many of the items covered by these laws are discussed in the available Texas defensive driving courses offered up online and in classroom settings. Prices may vary for operators safety courses but the lower limit they can be by law in the state of Texas is $25.

About the Author

Cindy Cashman operates Official Defensive Driving where traffic tickets can be eliminated through a defensive driving online course. Go to http://www.OfficialDefensiveDriving.com to Save the time, money and hassle of attending classroom based defensive driving classes.

Lawnmowers Hot Engines Starting Difficulties

Filed under:The Lawyers Way — posted on September 22, 2007 @ 8:44 am

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Lawnmowers Hot Engines Starting Difficulties

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Cold weather might be the most typical known problem relating lawnmowers starting difficulties. Your mower could cause problems as well when the engine is hot. Most garden owners using traditional gas mowers realize that they don’t start as smoothly as it should when the engine is hot. What to do when this problem happens? We describe how to overcome this trouble and what to do about it.

What are the reasons by which hot engines don’t start as they should be? Well, basically starting engine problems are based on the fuel. If the engine has been working longer than it does normally, it becomes too hot and the fuel can’t circulate correctly. That is caused by the way in which vapor blocks it, and then the engine won’t start as it should. Sometimes, engines don’t start at all forcing some lawn mower parts work much harder than they use to do it, increasing the chance to break them down.

Once the a mower engine has started, it will gain temperature until it was shut off. While a mower or lawn tractor engine is working, is when the highest volume of vapor circulates around. Therefore, this is the time during more chances to obstruct the engine are bigger too. We would suggest in not working during extremely hot temperatures. If you have been working in a hot weather, and have turned off the engine, you might experience a starting problem, please wait a few minutes until the engine is totally cold, then try to start it back again.

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What other problems could it be?

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Mower starting problem might be for many reasons. The most known is due to hot temperatures, which has been detailed above. However, other facts would affect to the engine, avoiding it to start as it should be. It’s well known when summer approaches that gas refiners choose other fuel blends. Usually, they use offer lower volatility fuels instead of higher ones. It is caused by the way in which hot temperatures carries fuel to evaporate easier. The higher volatility fuel the more vapour is created, and therefore much more engine blocking chances exist.

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Automatic lawnmower designs

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Gas mowers have been around for a while. It’s time for modern garden tools. Let robot mowers do the hard job. These automatic lawnmowers are battery powered without any of the necessities for control by an operator with a control system. You won’t need to handle anything; just set up once an inbuilt controlling device and that’s all, let others do the work while you are reading your favorite magazine.

Lawn Mowers And Garden Tractors
A. Caxton is the webmaster of http://www.lawn-mowers-and-garden-tractors.com. Andrew used to publish mower technical reviews. At his site you can find reviews on lawn mower parts including mower blades and automatic lawnmowers.

How To Incorporate Yourself Without A Lawyer

Filed under:The Lawyers Way — posted on September 20, 2007 @ 3:35 am

You could save hundreds of dollars by incorporating yourself
without a lawyer. How? Is it advisable to do so?

1. This is Not Legal Advice!

The only ones who should be giving legal advice are those
licensed to practise law (in other words, only lawyers). This
article is not legal advice. If you need legal advice, consult a
lawyer.

This article is being written simply to inform you that it is
possible to form a corporation or limited liability company
without a lawyer.

2. Why Use a Lawyer?

First of all, if you make a mistake incorporating yourself, who
do you sue? You only have yourself to blame. On the other hand,
a lawyer has insurance to cover errors and omissions.

Secondly, you could benefit from the expertise of your lawyer.
Perhaps a corporation isn`t the right vehicle for you under your
circumstances. Be aware that there can be disadvantages as well
as advantages to incorporating. Your lawyer can consider
commercial law, securities legislation, limited liability, tax
factors, estate planning, share structure, and a myriad of other
business considerations. Sometimes the advice of a good lawyer
can save you thousands of dollars.

3. Is it Advisable to Incorporate Yourself?

Is it advisable to perform surgery on yourself? It is illegal to
perform surgery on someone else unless you are licensed to
practise medicine, but perhaps in a wilderness survival
scenario, self-surgery might be your only option. However, is
performing surgery on yourself really a good idea in most
instances?

Likewise, just because it is possible to incorporate yourself
without a lawyer doesn`t mean it is always a good idea.

In some jurisdictions, only lawyers can incorporate others. For
a paralegal or other person to incorporate a company for you
could be considered unauthorized practise of law. Thus, it may
be legal to incorporate yourself but not others.

Some factors you might consider are: Am I really that short of
cash that I can`t spend the extra money for good legal advice
that may save me thousands of dollars? Am I confident that my
situation is one that really doesn`t need the services of a
lawyer to incorporate? Can the money saved on legal fees be
better utilized in financing other aspects of my business?

Each person will have to make their own decision on whether or
not to seek the services of a lawyer in forming a corporation.

“He who has himself as a lawyer has a fool for a client.” I have
often thought that perhaps a law firm originated this common
expression.

4. How To Incorporate Yourself

Many books have been written by lawyers on how to incorporate
yourself.

For example, in Canada, M. Stephen Georgas, LL.B., has written
books on the subject of forming your own corporation. Published
by International Self-Counsel Press Ltd., he has authored
“Incorporation and Business Guide for Ontario” (”How to form
your own corporation Includes tax advantages to incorporating”)
and “Federal Incorporation And Business Guide” (”How to form
your own Federal corporation under The Canada Business
Corporations Act”).

The same publisher sells forms and minute books as well as
titles for incorporating in other provinces of Canada.

Forms, corporate supplies, name searches, and kits are available
from legal stationers and other sources.

In the United States, there are likewise many manuals available
for incorporating yourself in various states. “Incorporating
Your Business For Dummies” by The Company Corporation and “How
To Form Your Own Corporation Without a Lawyer for Under $75.00″
by Ted Nicholas are two such books.

Sometimes helpful information on this subject is available from
federal, provincial and state governments for free or nominal
cost.

You can sometimes locate incorporation manuals at your local
library for free. Be careful. Legal manuals become outdated very
rapidly. You might consider very seriously purchasing the most
up-to-date manual available; it might also include helpful
reference material on maintaining corporate minutes and other
helpful suggestions on operating your corporation.

Buy the appropriate manual and supplies and then follow the
instructions. With a little effort, you could save hundreds of
dollars incorporating yourself without a lawyer.

What to Do in Case of an Automobile Accident?

Filed under:The Lawyers Way — posted on September 2, 2007 @ 4:13 pm

An automobile accident can be a frightening and upsetting experience. Nevertheless, there are certain steps that you should take to comply with the law and preserve your legal rights.

First, Florida law requires you to stop and exchange information with the other people involved in the accident. You should obtain the following information for everyone involved in the accident: name, address, telephone number, driver’s license number, vehicle license number, and insurance information. Try to learn as much as possible about the other driver’s insurance, including the name of the company, the policy number, the extent of coverage, and the name of the agent.

Get the name, address, and telephone number of all people who witnessed the accident. You probably will want to contact them later if there is a dispute as to how the accident happened.

You should make an initial assessment of any personal injuries and property damage resulting from the accident while you are still at the scene. Make a written record of these observations.

Above all, try to remain calm. It generally is advisable not to discuss liability at the scene of the accident, even though it may be tempting to do so in the heat of the moment. Because the issue of liability can be complicated, you should discuss the accident with an attorney before you admit it was your fault.

The police generally do not come to the scene of an accident or make a report unless someone is seriously injured or there is damage to public property. The people involved in the accident, however, are required to file a report of the accident (called an SR-1) with the Department of Motor Vehicles if the accident involves more than $750.00 of property damage or any personal injuries. If the SR-1 report is filed, all parties to the accident will be required to provide proof of insurance. If you were uninsured on the date of the accident, your driver’s license will be suspended for one year.

If you plan to make a claim with your insurance company, you should contact your agent as soon as possible. You also should obtain two or three written estimates for the repair of any damage to your vehicle.

If you are injured, you should seek medical attention immediately. Keep the receipts for all medical treatment, including medications, and maintain a record of all losses you sustain as a result of your injuries (e.g., lost wages).

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The information contained in this article is of a general nature. If you have a similar problem, you should consult with an attorney. Accident victims and/or friends are encouraged to call THE LAW OFFICES OF JUSTIN ZIEGLER to make an appointment (305)793-3088. Appointment hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, and we are on call 24 hours a day, 7 days a week.

JUSTIN ZIEGLER, ESQUIRE
THE LAW OFFICES OF JUSTIN ZIEGLER
One Datran Center
9100 S. DADELAND BLVD.
SUITE 908
MIAMI, FLORIDA 33156
OFFICE: 305.403.0966
CELL: 305.793.3088
email: justinziegler@bellsouth.net
http://www.justinziegler.net

Is Small Claims Court For You?

Filed under:The Lawyers Way — posted on August 30, 2007 @ 1:53 pm

The Benefits Of Small Claims Court

Johnny B. Good walked into the photo store with seven rolls of film to develop. “I’d like my honeymoon photos developed as soon as possible. We were in Italy and I took the most amazing pictures in my life,” he said. “No problem,” answered the clerk at the photo store. “We’ll have them ready by the end of the day,” she replied. After work, Johnny returned to the photo store to claim his developed pictures. “Uh, are you sure you brought them in?” asked a different clerk. She looked everywhere, they couldn’t be found. The next day the clerk who took the film learned that the cleaning person inadvertently threw 10 rolls of undeveloped film in the trash. Furious, Johnny demanded justice. “These are irreplaceable memories. Memories of a lifetime! What am I going to do?”

Q: Does Johnny need a lawyer? Can he handle it himself in small claims court?

A: Johnny doesn’t need a lawyer. Small claims court is the perfect place for this claim.

Johnny needs to file a claim in his local small claims court. There’s a small fee to start the case, and they give you forms telling you what to do. Make sure that you keep all documents and on the day you are scheduled to appear in Court, make sure you arrive with all of your witnesses to support your claim. There’s only a Judge, no jury in small claims court, and make sure you are dressed neatly and cleanly.

The rules of evidence are the same in small claims court, but there is a tendency to be less formal since the litigants are not lawyers. Do not forget that the Court is still entitled to respect and the proceedings are recorded either by tape recorder or by court stenographer. After all witnesses tell the Judge their version of what happened, the Judge will usually put his decision in writing and mail it to the litigants. (They do this so that the losing party doesn’t start screaming, yelling, and disrupting the courtroom immediately after a decision.).

IS IT WORTH IT TO GO TO
SMALL CLAIMS COURT?

The short answer is yes. The long answer may be no. In small claims court in New York, you will get to present your case to the Judge rather quickly after you’ve filed your claim.

But if there are adjournments by either side, then you will have appeared multiple times, lost time from work on each occasion, and waited endlessly in the courtroom, simply to be told that you must come back on another day.

Remember, there are hundreds of small claims filed every week. On any given day, the Judge might have 20-40 cases to dispose of. Not each case requires a trial, and many cases get put off for another day. Some cases may be resolved in a binding mediation with a lawyer appointed by the Court.

You must determine whether the time you are going to spend waiting around a courtroom for justice is worth missing at least partial days off from work. If you choose to have your case heard in the evening session because you can’t get off from work, just keep in mind that you’re not alone. Lots of other folks will also be there waiting to have their case heard.

While in the courtroom, you can expect to hear cases that are very trivial. You might even wonder why someone would bother to bring a claim for such nonsense, or why they’d spend any of their valuable time pursuing such a ridiculous claim.

The answer to the question stems from the right every citizen of this State has- the right to bring suit if they feel they’ve been wronged by someone else. That’s the price of freedom. Democratic countries allow its’ citizens the right to seek compensation for damages, whether it’s personal injury or a contract that was broken. A promise is a promise. People should be held accountable for their actions.

Are there cases that even in small claims court don’t belong there? Probably yes. But we, as spectators, don’t have the right to criticize the claim, only the process. Does it make for interesting viewing? You bet. Even better than daytime TV or the latest reality show! Why? Because this is real life. This is reality.

So, to answer the question ‘Is it worth it to go?’ Yes. Everyone should go at least once, if only to observe the small matters that are important to people.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

8 Common Marketing Mistakes

Filed under:The Lawyers Way — posted on August 28, 2007 @ 11:23 pm

Advertising can be one of the fastest ways to market and grow your business or it can be one of the quickest ways to go out of business. With the right ad you can attract clients to your business and increase your profits. With the wrong ad you can spend your way into bankruptcy.

To grow your business you need to attract the attention of your prospects, advertising can help you do so if used correctly. Unfortunately, many small businesses owners waste thousands of dollars on advertising efforts that only achieve minimal results.

If you want to get the most from the money you spend to promote your products and services, make sure to avoid these common mistakes.

Focusing on Your Products and Services

If you want to get the attention of your prospects, speak to their needs and wants. Your prospects’ primary concern isn’t that you’ve been in business for 25 years; it is do you know the problem they want to solve. Use your ad to identify at least one common problem of your prospects and the benefit of using your product or service.

Having a Weak Marketing Message

All to often you hear ads and it takes some thought to figure out what they are even promoting. Make sure your advertisement includes a 7-10 word description of whom you serve and the problems you solve so people who read or hear your ad know how you can help them.

Using the Wrong Words

A word here, a phrase there can change your response rate by hundreds of percent. When you spend money on advertising, first test a number of versions of your copy to identify the one that works best. Just by revising her ad copy so it was client and problem centered, I helped one small business owner achieve her best month in sales ever.

Missing Motivation

Most ads miss the mark in moving prospects to action. If you want to prompt prospects to visit your web site or your store or to contact you, include an offer that motivates them to do so.

Lacking in Frequency

Some people make spur of the moment buying decisions, but most need to become familiar with your services and products, and this takes time. If you want your advertising to work, you need to ensure that your prospects see or hear it regularly.

Web Sites that Don’t Move Prospects to Action

Many small business owners direct prospects to a web site where they have more extensive content covering available services and products. I constantly get calls from people who have been successful at attracting prospects to their web site, but generate few sales.

Once prospects get to your web site make sure the content and visual organization moves them to take the action you want them to. Whether it is providing them with ample opportunities to fill in your service inquiry form, or including a subset of your product catalog in your web page navigation bars, help prospects move to client and customer status.

Lack of Follow Up

Sometimes making a sale requires sending a note or picking up the phone and calling your prospects. If you have an effective lead generation strategy, prospects will provide you with their contact information and the problem they want solved. Use the web, email, and the phone to follow up and close the sale.

Lack of Tracking

If you are making more from your advertising than you are spending, you’re ahead. Frequently small business owners can’t tell you which of their efforts helped bring in the business. Track each of your ad campaigns and you’ll know where to spend your money in the future, what to modify and what to eliminate.

  • Do you know how many sales and how much money you made as a result of each of your advertising campaigns?
  • Are you making any of the above common marketing mistakes?
  • What elements of your marketing should you change?

Put your marketing house in order. Fix your strategy and your materials. If you don’t know what to change or how to change it, use experts to help you with strategy, copyrighting, design, PR, and media placement.

Avoid these common marketing mistakes and you’ll find ore people contacting you about your products and services and that your making more than your spending on your advertising.

-

2004 © In Mind Communications, LLC. All rights reserved.

About The Author

The author, Charlie Cook, helps independent professionals and small business owners attract more clients and be more successful. Sign up to receive the F*ree Marketing Guide and the ‘More Business’ newsletter, full of practical tips you can use at http://www.charliecook.net

ccook@charliecook.net

Foods and Diets Litigations

Filed under:The Lawyers Way — posted on August 27, 2007 @ 2:37 pm

Why is that food processing and commerce are not strictly regulated by law so as to prevent health problems generated by an inadequate diet? Unhealthy products encourage an unhealthy diet, appealing the consumer by their availability within reach and the invading advertising. If the food producers are controlled by health officials, then it must be that the regulations are too lax in as far as marketed foods are concerned.

Everyone knows that, for instance, hydrogenated oils and partially hydrogenated oils are highly unhealthy. Tons of studies and informative material have been published, yet there is a population segment that still falls into traps saying that margarine is a “healthier alternative for butter, full of vitamins”, when in fact the trans-fatty acids it contains surpass the “healthy benefits” it offers. For this particular case, all foods containing hydrogentated oils (if the law allows their production, though it shouldn’t) should have a health hazard warning (like those on the cigarette packs), saying something like “This product contains trans-fatty acids that increase the risk of heart disease”. Thus, people would be constantly reminded of the bad effects of such products on health.

Generally, when it comes to foods and dieting, people should be advised of the potential inconvenience that might occur due to some ingredients or the way the food is prepared.

Take for instance the case of the release of so many diets that are not documented, not officially controlled and approved, promissing great things but not being explicit about the great problems they generate. Such as the very popular Atkins, for instance, which is a real danger to health.

I wondered why such anti-health practices are not forbidden? Oh, pardon me! Why should I wonder? It’s obvious: in an ever growing pragmatic course of events, the industrial interests have overpassed the interest for the health of people.

At this point, the role of the well-informed consumer is decisive for his own health. And if people are not fully convinced by so many scientific studies, informative articles and materials, then they surely become when finding out of the multitude of lawsuits against food producers (such as Kraft Foods Inc, the producers of Oreo cookies), fast food chains (McDonald’s) or promoters of diets (such as the Atkins diet).

The producers of the popular Oreo cookies, Kraft Foods Inc were sued in 2003 by the attorney Stephen Joseph, who based his accusations on a provision of the civil code of California saying that manufacturers are liable for products if the consumer is not advised of the products’ unsafety. He rightfully claimed that the public was not aware of the high content of trans-fats in Oreos. He declared that he sued out of concern for the public health and that no money was requested in the lawsuit, which he finally withdrew, explaining that the publicity on this case had made people aware of the health risks enhanced by the product. Anyway, if the lawsuit was intented as bad publicity for the Oreos, the aim was not reached, as Kraft Foods Inc will continue to produce Oreos in a trans-fat free version.

Another famous case of litigation is the suit from 2002 against McDonald’s. The lawsuit was filed by the lawyer Samuel Hirsch on behalf of some obese children. The lawer sustained that the fast food producer mislead the consumers into believing that the products were healthy and safe and claimed that the children developed health problems such as diabetes, high blood pressure and obesity because of eating McDonald’s products. The suit was dismissed on the grounds that no one is forced to eat at McDonald’s and that the law has not the role to moderate individuals’ excesses.

A recent date “diet trial” is going on in Florida. The suit was filed by 53-year-old Jody Gorran against Atkins Nutritionals on May 26, 2004. The plaintiff claims that after going on Atkins diet his cholesterol level increased so much that he needed angioplasty in order to unblock an artery. In addition to financial damages, there is also the request that the company warns the public of the potential dangers of a diet favoring meats, cheeses and other high-fat proteins by labeling their products. The sequel is yet to come.

Even if some of these lawsuits started out of reasons beyond humanitarian, (as for instance the chase for money from damages that such important companies would pay) they have a positive result, namely, the publicity around such cases arises questionning, gives people the idea of doubt, the “assumption of guilt”.

Laura Ciocan writes for http://www.dietsindex.com/ where you can find more information about diets.

Please feel free to use this article in your Newsletter or on your website. If you use this article, please include the resource box and send a brief message to let me know where it appeared: mailto:lauracio@gmail.com

lauracio@gmail.com

Accident Injury Claims Done Right

Filed under:The Lawyers Way — posted on August 26, 2007 @ 8:13 am

When dealing with a car accident, finding and hiring a qualified attorney can help you a great deal. They will help ease your mind through dealing with all the legal aspects of your situation while you focus on coping with the pain and suffering of such a traumatic event. There are lawyers out there ready and willing to make sure that you are compensated for being hurt in a situation that you may not have had any control over.

Never hesitate after an accident when seeking medical and legal help. Many people don’t know until much later that they even have an injury after a car accident. They are usually so scared and rattled that if they feel okay enough, they go home and sleep it off and try to reestablish normal activities the next day. Or, if they are in pain, they might seek the advice of family and friends who may tell them not to worry, that it is just neck pain and it will go away with time. This is all really bad advice. There could be internal injuries that over time could become major or even life threatening problems.

A very serious problem that is often overlooked is an internal head injury. Just because a car crash victims head is not bleeding, does not mean that they are okay. Closed head injuries often occur some time after the accident and can go unnoticed and often occur when a car crash victim’s head is sudden thrust into a hard surface (steering wheel, dashboard, back of the front seat) at rapid speeds. These types of injuries often do not penetrate the skull and can be overlooked at first. These types of collisions result in internal injuries within the brain.

Even whiplash can cause a closed head injury. Other types of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ears.

Another, more traumatic injury caused by car accidents is permanent or temporary paralysis. Paralysis occurs when the vital nerves that control various body parts are damaged or severed. This happens when there is a traumatic impact to the neck or spinal cord resulting in parts of the body not being able to retain the same mobility or sensations that they once had.

When paralysis occurs, it can be an extremely difficult time for the victim and his/her family. They are faced with life long challenges and may need constant round-the-clock care for the rest of their lives. Temporary paralysis occurs when a nerve is pinched or inflamed. In any case, seek help quickly. Don’t hesitate. You may be entitled to seek compensation for your injuries. It is important that you contact a qualified car accident attorney today and get a case review.

Scott Green - Auto Accident Lawyers at
http://accident-attornies.info

Choosing the best Atlanta personal injury lawyer

Filed under:The Lawyers Way — posted on August 24, 2007 @ 7:23 pm

If you’re in need of a personal injury lawyer, it means that you’ve already experienced something terrible - either you or your loved one has been hurt. This doesn’t change throughout the USA, and so it is true also for Atlanta - a personal injury lawyer is hired only by people who have already experienced a kind of psychological earthquake. The point is that in such stressful situation you simply have to choose the best one. Not an Atlanta personal injury lawyer, but THE Atlanta personal injury lawyer. You must avoid all possible problems you can have with a lawyer (you probably have enough of your own ones) and this means you have to choose the best lawyer you can find.

How to tell which personal injury lawyer is the best

The main problem in finding a good attorney in Atlanta is personal injury lawyer’s abundance. There are simple too many lawyers in this city to check all of them personally. Fortunately we have the Internet, so you should start from sifting them through your search engine. Simply type “Atlanta personal injury lawyer” and choose first ten sites you’ll see. The other law companies are probably either too small or not diligent enough to build the proper website for themselves. Then have a good look at the site you found. Reject those with too much apparent “search engine-oriented” content - long articles about nothing mean only that the lawyer is witty, but not intelligent. After that you should have only four or five possibilities left. The number is low enough to visit the lawyers personally. During the visit watch them carefully - you don’t want professional optimists, there are lots of them in Atlanta. Personal injury lawyer you look for should be serious, down-to-earth and not too open. You need the lawyer for the court, not for friendship.

The most common problems

There are many possible problems, but they have only one source - dishonesty. I don’t mean the situation when your lawyer is telling you white lies. I think of the situations when he will keep telling you “everything is going to be all right” whatever the situation will be. There are plenty of such attorneys in Atlanta. A personal injury lawyer that will tell you “I am not sure if can win” is a rare bird indeed, but the most precious one, too.

Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law

Have You Ever Been Pulled Over?

Filed under:The Lawyers Way — posted on August 6, 2007 @ 10:40 pm

I know it has happened to you at least once. It happened to me twice. Once when I backed up in the middle of the street and the second time when I had an expired registration sticker on my car. Yes, yours truly has been pulled over. And I’m positive that I am not the only one that has been.

Maybe you have been pulled over because of speeding, running a yellow light or stop sign. But are you aware of your rights when you get pulled over?

When the sirens wail
You’re flying on the highway, wind blowing on your face and don’t realize that you may have went above the speed limit. While you are basking in the sun, to your surprise, a state trooper car emerges from its hiding place. You:

a.) gun it. You’re sure you can out run him. They do it all the time on that television show Cops.
b.) slow down to a stop and then speed off when the officer is walking toward your car.
c.) pull over calmly as soon as you safely can, using your turn signals to pull all the way over to the right side of the road.

I really hope you chose the answer C. By stopping as soon as you can and calmly, you will probably be on the better side of an otherwise irritate cop.

Pulled over
Now you’re on the side of the road and waiting for the officer to come to your window. “When being stopped, remain calm, keep your hands on the steering wheel in plain view. Only move when told to do so,” advises Connecticut State Police Sgt. J. Paul Vance. Many officers have been hurt or killed during a routine traffic stop so don’t do anything to make them nervous by going into your glove compartment, even though you may know the drill already and are reaching for your insurance card and registration. The officer may think that you are reaching for a weapon.

If you’re ever pulled over by an unmarked vehicle and the “officer” is not in uniform, “you may request a uniformed officer to respond to the scene. Keep your windows up and your doors locked until you are satisfied that the officer is in fact a police officer,” says Sgt. Vance. You can also call 911 in this case as well.

Speaking with the officer
Don’t give the officer any back talk. In fact, it is recommended that you don’t speak at all. Let the officer speak first instead of asking the officer what you did or what’s their problem. Don’t insist they tell you what you did first before you hand over your liscense and vehicle registration either.
When asked questions like: “Do you know why I stopped you?” It is better to give a definitive answer. If they tell you what they think you did, don’t argue. Instead, shut up! You have that right and you don’t run the risk of saying something that will be used against you if you fight the ticket or get arrested.

Here’s something you may not have known: traffic cops are taught to decide before they leave their car whether they are going to give you a ticket or give you a warning. They are just acting like they care about your plight when they have already decided to ticket your butt. What they are really doing, while they seem interested in what excuse you are giving, is trying to see if they can get you to admit guilt. Sgt. Vance says the only reason an officer would change their mind is if you were speeding for a medical emergency or a woman was in labor.

Just say no! (well, only if you are positive)
If you are stopped and the officer asks to search your car, you have the right to say no. The officer has to have a reasonable suspicion you’ve done something wrong or are a danger to the public. So don’t give them a reason by bending down, or looking like you are hiding something when they are approaching your car.

They can only search your car without your permission:
• if they suspect you are hiding something.
• you or any occupants in the car have been arrested.
• if you have something illegal in plain view, such as open wine or beer bottles or drugs, or weapons of any kind.

If you are sure that you have nothing in the car then by all means allow the search. But if you share your car with someone then you may want to decline because who knows what they may be doing with the car without your knowledge.

ChaChanna Simpson is the editor and publisher of Twentity.com, a free advice ezine for twentysomethings.


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