Defective Speedometer versus Speeding Tickets

 

https://www.avvo.com/legal-answers/authorized/how-do-i-get-out-of-a-speedometer-violation--4984935.html?answered=true 

How do I get out of a speedometer violation?  I got stopped for speeding, at the time I didn't know I was speeding, my speedometer read the speed limit. The officer understood and gave me a speedometer violation instead. This still carries 2 points off an incense. I can't afford the insurance from the lost of points. I replaced the speed sensors in my car also. Is there any way I can get out of this?   1 attorney answer

Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10 Criminal/traffic Defense Attorney in Janesville & Kenosha, WI

Defective speedometer is not a moving violation, but instead a non-moving equipment violation. It’s only two demerit points with the DMV, so you might consider whether you really want to fight it. An experienced traffic lawyer might beat it at trial, but do you really want to try? The prosecutor might consider amending the charge back to speeding, of which you were apparently guilty. Unfortunately, there is no requirement that you were deliberately speeding, since doing so by accident or mistake (due to your own faulty equipment) is not a defense to the charge. Minor infractions like lower level traffic are more regulatory that punitive, with lower penalties, so the traditional need to prove evil intent is absent. Sorry for the legalese, but defective equipment is "malum prohibitum," rather than "malum en se," meaning prohibited for regulatory purposes, rather inherently evil like murder or child abuse. One the other hand, for something like murder, an honest accident or mistake is actually a defense in criminal murder prosecution by the government (but not a defense in a private civil negligence/personal injury lawsuit for “wrongful death” in a car accident, for example).

OWI Arrest Based on Citizen Complaint

 

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DUI. Does being reported by a citizen automatically give an officer reasonable suspicion to pull you over?

I was driving to my destination. I turned on to the street of my destination when I noticed a police cruiser tailing me. I continued to drive at the speed limit and within my lane. I feared that I would be pulled over before I reached my destination, but it wasn't until I reached my destination, safely and legally parked, and turned off my car, that the officer turned on his emergency lights. I'm not sure if that is relevant or not but I wasn't prompted to pull over by emergency lights. I was parked at my destination when he decided to turn on the lights. The officer told me that he got a report that I allegedly almost hit a car and that’s why I was "pulled over". So my question is, does simply receiving a report from a citizen constitute reasonable suspicion to be pulled over? I don't know much about the law but isn't that called "Hearsay"? By the time the officer began to tail me, I committed no traffic violations. Which is why I'm assuming he didn't turn on his emergency lights until I parked. I can't afford an attorney so I'm just trying to figure out if I should even bother fighting this case at the risk of a more harsh sentence. Any information helps. Thank you.

 

Jay’s Answer

If you stopped at your destination on your own before the officer confronted you, then you were not technically pulled you over. Observing you while parked or walking on a public roadway would then require even less probable cause the pulling you over while driving, and if the officer then next smelled alcohol, he wouldn't even need to citizen complaint to justify checking further, and then in eventually arresting you, if impaired. There is caselaw on law enforcement's duty to verify citizen complaints with their own observations. While required, they needn't do much more than observe on their own to see if at least a few of the details are true. For example, that a car roughly matching the description of yours was on a certain route of travel at a certain time, etc. They will also usually follow you if possible, to try to spot bad driving on their own, again, regardless of the citizen complaint. Either way, we are not supposed to give you legal advice on these websites, nor do we have nearly enough detail here to do. Instead, you should retain an experienced criminal lawyer as soon as possible for the best outcome available to you. Be aware that many of your rights expire in as little as ten days from when you were cited drunk driving cases, so time is of the essence.

 

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html

Answer by:    Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10 

Criminal Defense Attorney with offices in Janesville & Kenosha, WI 

While the owner could complain to authorities about your removing the bumper sticker as "criminal damage to property," I would be surprised if many prosecutors' offices would have time to do much with this police referral due to all the riot related, major arson and criminal damage cases which they are now prosecuting these days. Rather than risking it, however, why not just tell him that you plan to remove it if he doesn't? Either way, if it is a bad as you say, somebody else might very well remove it for you, or do something worse. Nonetheless, the law technically protects both his property rights, and his freedom of speech; so, acting without arguable permission would be illegal.

Speeding Ticket from Dash Camera Received by Mail

 

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Speeding ticket received by mail

I received a speeding ticket in the mail almost a month after the alleged incident. The officer never pulled over the vehicle. Apparently the officer got the plate number from his dash camera, and then phoned owner of the vehicle. The owner said I was driving the vehicle. I called the police department and said it wasn't me. The officer on duty stated were sending me a ticket anyway. The ticketing officer sent me a ticket based on a phone conversation who accused me as the driver. I challenged the citation with the prosecutor, and he said will take it to trial. Is this prosecutor for real?

1 attorney answer

Jay K. Nixon

Licensed for 40 years, Avvo Rating: 10 Traffic Defense Attorney in Kenosha& Janesville, WI

Traditionally, WI has not prosecuted people with robotic devices only, so this would appear to be something new. I understand that they are commonly used in Europe, as well as in other parts of the U.S. If the government can't prove guilt by "clear and convincing" evidence (roughly meaning to a 75% level of certainly), the trial judge will be obligated to dismiss the citation. Prosecutors certainly have the option to "give it a try," even though personal identification in court by the arresting officer has been the norm in every speeding trial I have ever done over the last 40 years (most of those being in my Ex-prosecutor role awhile back). Your odds of winning will be much better with an experienced traffic litigator on your side, however, since you will certainly be facing one of those on the other side. The less senior prosecutors usually do speeding trials by the hundreds, as do the officers who testify, and the judges who decide the cases. You will therefore be walking into a long running play, where everyone but you knows all the lines, if you attempt to fight this by yourself.

Disorderly Conduct Charge for Yelling at Cop

 

https://www.avvo.com/legal-answers/authorized/is-it-illegal-to-yell-f-the-police--4973390.html?answered=true      Is it illegal to yell at the police?  I got a disorderly conduct ticket for yelling f the police at a police officer that was on the side of the road

Answer by Jay K. Nixon, Criminal Defense Attorney with offices in Kenosha & Janesville, WI.        Disorderly conduct is the most vaguely defined crime of our criminal code in WI, but has withstood several constitutional challenges based upon vagueness,  Nobody has actually needs to be disturbed, but the government must prove that disturbance of somebody other than the police car was likely.   My experience is that juries often convict people, even on weaker cases than you mention, but much will depend upon where this yelling was done.  For example, disturbing someone is not likely on a lonely country road in an uninhabited area.  In town, however, yelling is nearly always likely to disturb somebody.  Either way, you have a defenseable case, or least a negotiable one, if you get an experienced local attorney, so do that if you really want to fight this.

Mother with Dementia, Alleged Abuse by One Child against Another Who is Agent Under POA (Power of Attorney)

 

https://www.avvo.com/legal-answers/authorized/how-can-i-help-my-mother-who-has-dimentia-and-my-s-4975063.html?answered=true

 How can i help my mother who has dementia and my sister ,who claims to be POA is physically, mentally and financially abusing her?

I have reported her to ssi for fraud and for elder neglect . . . .all whom have never once asked for proof of POA, but refuse to listen or will not answer questions because I’m not the poa, but will not ask for proof if she is.  And, she also refuses her medical treatment believe for fear of questionable competency, for what reason, She claims she will be putting her in a home soon, and selling moms house to pay for that, saying my mom has no insurance to cover it and does not receive ssi, even though I have verified a yes thru ssi.  What is she up to? And what can I do?

 

Answer by: Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10, Estate Planning Attorney in Kenosha & Janesville, WI

I am very sorry for the stress this sad situation must be creating for you and your family. However, you probably should not expect authorities anywhere to accept unproven or nonspecific allegations of fraud, theft, and abuse. My guess is also that they already have a copy of the POA in their files. They likewise are indeed required by confidentiality to not reveal financial details to persons to whom your mother did not provide written consent before the onset of the dementia (a POA being one form of consent). Either way, if she really has terminal dementia, there is almost no insurance which will cover the costs of her long-term care other than Medicaid. That is a poverty driven, form of public welfare, only allowing liquid assets of less than $2K to qualify. Once she is receiving homecare through Medicaid, the government will still allow her to occupy her home as long as she is able, but will place a lien against it up to the total amount which the spend on her, which effectively makes it theirs, assuming there are no unpaid mortgages or other liens already placed against the title. To qualify, she will need to spend down her other assets to $2K before she qualifies, and if the house is sold, the money normally needs to be spent on the costs of her care; attempting to gift it to family members without careful advanced planning may disqualify her from further government assistance. What you describe makes it sound like your sister may have commenced this process, which is perfectly normal in many scenarios like this. You do have a litigation option if you feel that things must change, however, and that is known as a formal guardianship petition, where a guardian replaces the POA under supervision of the court. You could request that you or some other family member serve as guardian rather than your sister. Most probate, estate planning and elder law attorneys do this type of work, so retain one of those as soon as possible if the situation is as bad as you think. You should also probably talk to her county's Office of Aging Assistance, who might do some of this for you, if your allegations have merit.

Cell Phone Use While Driving Citation in a Legally Parked Car

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Can you get a citation for having a car in a parking stall while engine is idling while on a cell phone while getting help?  My car was having mechanical issues. I pulled into a parking stall, left it running because I didn't think it would start again and called for assistance from my friends. The officer gave me a ticket stating that I was violating the law by  using my cell phone to get help.

 

Jay’s Answer (Atty. with 40 years’ experience and offices in both Kenosha & Janesville, WI)

 

Of course, a better question than "Can I get a citation, . . " is the related question of " But can they prove it?" If the judge agrees with your version of the facts after trial and no statute makes that conduct illegal, it will be dismissed. Get a lawyer, however, if you are serious about challenging it, and please give the lawyer more information than you've given us here. Particularly, we would need to first know what you were charged with , and under which particular law (i.e., state, federal or municipal), since there are at least a dozen different scenarios which might have preceded what you told us about, any of which you could have been cited for, and each of those presenting different defense opportunities.. Either way, good luck with this defense!