Christmas Laws to Live By

1.         "Emmet Otter's Jug Band Christmas" must be viewed at least 8 times prior to Christmas Day. Initial viewing is to be commenced upon putting up the Christmas tree.

2.         On Christmas Eve, when enjoying a cocktail or 3, do not spout off about your boss. Uncle Hank and Cousin Randy may take you literally and do something rash.

3.         The movie “A Christmas Story” should be watched in its entirety. However, one should resist temptation to stick their tongue on a flag pole. Do NOT purchase a Red Rider bb gun. You'll shoot your eye out! Also, be sure to drink your Ovaltine.

4.         Non-consumption of those peanut butter cookies with the Hershey kiss in the middle is a serious offense.

5.         Store bought eggnog is strictly prohibited.

6.         A big screen TV is the gift that keeps on giving all year long.

7.         Re-gifting is not a crime.

8.         If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.

9.         Despite recent trends and policies, you will not be arrested if you utter the words “Merry Christmas.”

10.       When in doubt, gift card it out.

Marty Carbone, Carbone & Carbone LLP
www.carbonelawyer.com

Remembering Darrell Abbott

December 8, 2004 was a very sad day in the world of music as that was the day “Dimebag” Darrell Abbott was murdered while he was literally playing guitar on stage. For those readers that are not a fan of hard rock music, Darrell Abbot was the lead guitarist for legendary heavy metal band Pantera. The band was extremely popular during the 1990’s among heavy metal aficionados and the tragedy that struck in Columbus, Ohio in 2004 remains one of rock’s most tragic deaths.

Pantera broke up in 2003 when singer Phil Anselmo had a falling out with Darrell and his brother, fellow band mate and drummer, Vinnie Paul Abbott. The split was filled with acrimony to say the least and both Anselmo and the Abbott brothers went their separate ways and formed their own respective bands.

Upon the death of Darrell Abbott, Phil Anselmo attempted to attend the funeral of his former band mate but Vinnie Paul and Darrell’s long time girlfriend Rita Haney prevented him from doing so. They harbored great resentment toward Anselmo, as they both felt it was he who was responsible for Pantera’s breakup. Vinnie Paul further held distain for Anselmo due to alleged negative comments he made toward Darrell in the press.

Rita Haney went on the record saying that Anselmo was essentially just as responsible for the murder of Abbott as the man who actually shot him on stage. She went on to claim that if Anselmo did not force the breakup of Pantera, Darrell would not have been playing the small, dismal venue on the night of his murder. At the height of Pantera’s fame, they were playing in much larger arenas with heightened security. Upon investigation of Abbott’s death, it was revealed that the gunman acted out because he was upset about Pantera’s demise and he held Darrell responsible. It was also later determined that the gunman had severe mental issues.

In response to Rita Haney’s claims, the legal issue boils down to reasonable forseeability; more specifically, was it foreseeable that Darrell Abbott would be murdered if Anselmo had not broken up the band.

While it may be factually true that had Anselmo not left Pantera, Abbott would not have formed a new band and would not have been playing in the smaller venue on the night of his murder. However, for anyone, including Rita Haney, to hold Anselmo responsible for the actions of a mentally ill murderer is not legally plausible to say the least.

To be deemed legally responsible for certain actions, whether they are criminal or tort, the issue of foreseability comes into play. If a party acts in a way where it is reasonably foreseeable that said actions would have a negative impact upon another, that party would be deemed legally culpable.

For example, if a person drinks an abundant amount of alcohol and then drives their car home, it is reasonably foreseeable that they may cause an accident and that other people may be injured or killed as a result. In this scenario, it would be justified to hold a drunk driver responsible for the harm they cause to people they hit with their car while under the influence of alcohol. The same cannot be said regarding the actions of Phil Anselmo as they pertain to his departure from the band Pantera.

While it may be true that had Anselmo not left Pantera, Abbott would not have been playing in the smaller venue on the night if his murder. It can also be assumed that the man who shot and killed him would not have done so had Pantera stayed together as a band. However, it was not reasonably foreseeable that Darrell Abbott would have been murdered by a mentally ill fan based on Anselmo’s decision to leave the band. The actions of the crazed gunman on the night of December 8, 2004 superceded anything that Phil Anselmo did with regard to his involvement in the demise of Pantera.

When it comes to legal culpability, reasonable foreseeability is the ultimate measuring stick. Often people want to point fingers and place blame where it doesn’t legally belong. Before they do, they should take a step back and ask themselves whether or not it is reasonable, under the circumstances, to hold said person responsible.

In the case of the Pantera tragedy, both Vinne Paul Abbott and Rita Haney were understandably emotional. In the heat of the moment, they immediately lashed out at Phil Anselmo. While it may be reasonable to be upset with him on a professional level, it is absolutely unreasonable and outright wrong to hold him legally responsible for the death of Darrell Abbott.

As a fan of Pantera, I hope Anselmo and Vinnie Paul make amends, but as of this writing, it doesn’t appear it is going to happen in the foreseeable future.

 

Marty Carbone, Carbone & Carbone LLP

www.carbonelawyer.com

 

 

Preparation Prior to Prosecution

Filing a law suit should never be done without first carefully considering several factors. First and foremost, one must be certain that their issue indeed requires legal action. More often than not, issues between parties can be resolved without taking official legal action. Only when parties cannot work things out amicably should a law suit be considered.

If an amicable agreement cannot be reached, a person must then make the important decision as to how to proceed with resolving their legal conflict. The first thing one should consider is whether or not they have standing to bring about a cause of action. To have standing, one must have a “stake” in the matter at hand. If, for example, a person is hit by a car and the other party is not willing to take responsibility for their negligent actions, the injured party would have standing to bring a cause of action in court. However, if the injured person’s friend who was not involved in the accident wishes to sue on their behalf, they would have no “legal stake” in the action and therefore no legal standing.

Once standing on a given matter is established, one should consider whether they are going to represent themselves or hire an attorney. In certain circumstances, one can apply for a public defender at no charge if they financially qualify. However, assigned counsel typically applies only for criminal and family court matters. If you choose to represent yourself in a legal matter, you are considered pro se.

 

Next, the proper venue needs to be established in order to go forward.  A party needs to determine whether their matter falls in the realm of small claims or perhaps county court. In New York, the maximum amount allowed to litigate in Small Claims court is $5,000. If your legal issue involves a monetary amount that is higher than $5,000, the proper venue to bring a cause of action is County Court. Also, the initiating party must consider that they must bring the action in the county in which the defendant resides or does business.

If one feels as though they have a personal injury claim, they again should be sure that they in fact have standing to sue and that a valid claim actually exists. In today's society we are riddled with all sorts of frivolous law suits. Said law suits often waste valuable time and money and ultimately cause more harm in the long run. Personal injury law is a very specific and specialized area of law. If one feels as though they have a lawful claim against another party, it is recommended that they consult with an attorney that is well versed in this area of law.

Another area of law that is a "hot bed" for litigation is family law. This is a very emotional area of law since it involves children, custody, and other domestic issues. Here, when a dispute arises between rival parents or family members, people often "fly off the handle" and are quick to march down to their local Family Court and file a petition. With Family Court, it is relatively easy for a person not familiar with legal procedure to file a petition for a cause of action because the forms are readily available at the court clerk counter and are "fill in the blank" format. Here, once a petition is filed, it is processed and the case is put on the court calendar. A Law Guardian, also known as Attorney for the Child(ren) is then automatically assigned to the case by the presiding family court judge. The Law Guardian, by law, must personally meet with the children prior to the case to assess the situation and ultimately look out for their best interests. Since a family court action is not taken lightly in the eyes of the law and because it is multi faceted to say the least, it is highly advised that litigants work their problems out amicably prior to filing said cause of action. Mediation is also an avenue people can go down if they cannot work things out themselves. This process is a bit less strenuous on the children and the parties in general.

People also need to consider whether or not the issue to be litigated is actually worth the time and effort. For example, if someone owes you $100 and you go out and spend $500 on legal representation, it does not make much sense to pursue the issue in this fashion. Perhaps a better forum would be to attempt to work out the problem outside of court or maybe “let it go” all together. 

 

Martin A. Carbone, Esq.

Carbone & Carbone LLP

www.carbonelawyer.com

Be Proactive in Dealing with a Traffic Ticket

A lot of people when they get a traffic ticket put it on the back burner and do not treat it very seriously. They do this of course until the court date rolls around and then panic often sets in. At this point, an individual often debates whether or not to simply “mail it in” and plead guilty or instead obtain an attorney and hope to plead to a lesser charge.

While it may be easier and more convenient to sign the back of the ticket, mail it in to the “powers that be” and be done with it, this is almost always not the best choice. By blindly pleading guilty to a traffic ticket, an individual risks points being placed on their license and an increase in insurance premiums often go hand and hand. This can further be of consequence to those who are prone to getting stopped for speeding. The more points a person has on their license, the less likely of a chance they may have in successfully negotiating a plea to a reduced charge.

This is all common sense of course, which is why it should be a no brainer to hire an attorney when getting a traffic ticket. The cost in legal fees will be far less than the increase in insurance rates if a ticket is ignored or a blind plea of guilty is entered.

A lot of times, people plead guilty not knowing of the consequences to only later find out that they now have numerous points on their license. They then tend to seek legal counsel to try to remedy the situation. At this point, an attorney can file what is known as a Coram Nobis, which is a request to the court to review its own judgment. This is an up hill battle to say the least and it can be expensive in terms of legal fees.

In short, when a person gets a traffic ticket, whether it be for speeding or running a red light or stop sign, it is wise to seek legal counsel right away in order to avoid unnecessary points on ones license and increased insurance premiums. To avoid financial burden and overall stress, be sure to think again before you crumple up that traffic ticket.

Martin A. Carbone, Esq.
Carbone & Carbone LLP
www.carbonelawyer.com
www.lakegeorgelawyer.com

Tech Today, Law Tomorrow

Just about everyone nowadays has a cell phone. More specifically, most have "smart phones" such as an iphone, Droid, or Blackberry. With these recent “can't live without” pieces of technology comes the ability to communicate in numerous forms with virtually anyone, anywhere, at any time. Because of this recent technological trend, people are more prone to open themselves up to a greater degree of liability as it pertains to their communications. In other words, we as a society need to really watch what we say within the realm of texts, emails, and social networking sites as said communication could be held against us in a court of law.
 

Practically everyone, including their mothers (and grandmothers) are on Facebook. Facebook is currently the holy grail of the social networking sites and people post everything on there from how tired they are to how much they enjoy chocolate. Due to its public nature, people don't often realize that when they post their dirty laundry on other peoples "wall," said communication can be taken and interpreted out of context. When parties, such as bickering spouses enter litigation in Family Court, these prior communications can come into play and may prove to be at the detriment of the deponent. More often than not, what people post on sites such as Twitter, Facebook, and MySpace is meant to be taken in jest. However, on its face, the posts could be interpreted differently and the deponent often has an uphill battle in demonstrating the appropriate context in which it was meant to be taken.

 

Within the last few years, the concept of text messaging has really become popular within the world of communications, so much so that people often text one another when they are in the same room! This is another area where the information provided within the confines of a text could be drastically misleading and misinterpreted. If one goes through the right channels, a transcript of text chats can be obtained and are often submitted in court as evidence during trial. These types of transcripts do not always hold up under scrutiny, but one should be careful when posting on Facebook and similar sites in order to avoid such hassle.
 

So the next time you text a friend, co-worker, or family member, be sure that it is appropriate and within the boundaries of the law. Some texts can come back to haunt you. Just ask Brett Favre and Tiger Woods.
 

Martin A. Carbone, Esq.

www.carbonelawyer.com

Running Red Lights in the Capital Region

Now, more than ever before, it is important to know what a right light ticket may cost you in the Upstate NY region. At the bottom of this article, you will find the breakdown of what you are going to pay if fined for taking the risk of running a red light.

It seems that in Albany, NY lately, imparticular, we have been seeing an influx of traffic infraction tickets needing representation through our lawyers at CarboneLawyer.com. Most currently, many of these have been red light runners, more so than, say a year or so ago.

This increase in a particular type of ticket that we see coming across our desk sometimes means that there is a crackdown by police to stop this particular offence form happening, and to let commuters know that our city “means business” when it comes to drivers ignoring something like traffic signal devices. It is possible that the surfacing of a video and a number of articles at The Times Union have prompted this change.

A prominent local businessman was recently trying to teach his four-year-old what the red light means to a driver, and found that many drivers were ignoring it altogether. He then found that in areas around Washington Park and around Lark Street, it was very very easy to shoot iphone videos of drivers who look at red lights as becoming as he says, “merely suggestions.”

FINES & PENALTIES FOR RUNNING A RED LIGHT IN NYS
If your red light ticket was written by an officer, it is considered a, “traffic infraction.” This generally means that a strike will go on your driving record with three points against your license, and it also means that you get “the gift that keeps giving,” as a raise your auto insurance bill. The actual dollar fine amount is calculated depending on where you were ticketed and whether it’s your first offense of not. Drivers ticketed in a city with a million or more inhabitants generally follow this scale:

$100-300 for the first offense
$200-$500 for the second offense in 18 months
$500-$1000 for the third offense in 18 months

However, if a driver is ticketed in a smaller populated area in New York State, they follow the fines according to this scale:

$50-100 for the first offense
$100-$200 for the second offense in 18 months
$250-$400 for the 3rd offense in 18 months

CAUGHT ON CAMERA - Just for the record, if you get a ticket from a red light camera somewhere in New York State, the infraction itself is treated somewhat differently because it is somewhat difficult for the prosecutor to actually prove who was driving. Therefore, a red light ticket issued from a camera is currently actually more like a parking ticket. As the registered owner of the car, you are responsible for the violation, but all you have to do is pay a fine of $50, plus any court costs and penalties. The ticket also doesn’t, at this time, appear on your driving record or cause your insurance rates to go up.

For more information on this topic, please visit www.carbonelawyer.com

Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law

Dividing Martial Assets Upon Divorce

When getting a divorce, one of the first items of business that comes up is "who gets what" in terms of martial assets. As with most issues in the wonderful world of law, it all depends.

Typically speaking, when a couple goes through a divorce, the assets, known as marital property, get divided as evenly as possible. The issue then becomes what assets are considered "marital."

A marital asset is any piece of property, including, real, personal or monetary that was acquired and cultivated throughout the course of the marriage. Examples include the marital home, vehicles, bank accounts, and other personal property such as furniture, electronics, etc.

When entering a divorce, the parties may elect to divide up the marital assets any way they so choose. If one spouse elects to let the other have everything, including the kitchen sink, they may do so. If, however, one spouse wants the other to get nothing based on allegations that one spouse earned most, if not all the money in the relationship or if they simply feel that the other spouse does not deserve a fair share of the marital assets, this is where equitable distribution comes into play. Simply because one spouse was the primary bread winner and also put forth the lion's share of effort in terms of making said assets prosper does not cut the other spouse out of his or her fair share of the martial property.

If a couple cannot come to terms on how to adequately sort out the distribution of martial assets, the logical step would be meditation. If mediation does not lead to an agreeable solution, the parties then can file for divorce in New York Supreme Court. Here, the parties will contest their issues in front of a judge who will ultimately decide on who gets what through the trial process.

For additional articles and information on matrimonial matters, please visit www.carbonelawyer.com

Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP

What to do When you Can't Drive 55

If you are just like rockstar legend Sammy Hagar who once said, “I Can’t drive 55!” …you are not alone. In today’s busy world, this anthem seems true, especially when that really lame pokey driver is coasting in front of you and you are on your way to work. However, know this… it no longer pays to speed in New York.

If you know you tend to drive about 12-20 miles over the speed limit like many crazy Albany, NY drivers do, you may want to think about taking action. If you speed perhaps on I-88, The Thruway Route 90 or The Northway RT 87, know this… You may want to be pre-active and start setting speeding limits on your driving behavior. You may want to set your cruise control on only 9 miles above the speed limit

The New York Drivers License Point System

Usually you want to score points, whether it is in games, or with that special someone, or even on a not-so-good credit report, however, there is one example where this is not the case, and I don’t mean golf.

When an officer of the law hits you for speeding and you are convicted, The New York Department of Motor Vehicles awards points to your license. And like playing UNO cards, having more in the end, is definitely not better.

The New York State driving point system has been carefully crafted by lawmakers to identify potentially dangerous drivers by finding those who commit multiple traffic violations in a very short period of time.

Insurance Goes Up, too.

“Only 9 miles over the limit on the highway when it is only 55? That sucks!”

Get a lot of points, and not only do you incur fines and court fees, but you also get the gift that keeps on giving –increased auto insurance premiums. Therefore, the DMV aren’t the only guys to worry about. Insurance companies have their own independent point systems that are not under legal jurisdiction and sometimes all it takes is one filthy little speeding ticket to raise your rates, or worse, lose your policy with the company altogether.

So, what should I set my Cruise Control on?

Police now say they will pull people over going any amount over the speed limit, but surveys show that you begin to raise an officer’s attention at around ten. If they clock you at 11 miles over the limit, the DMV point system goes from 3 points up to 4, and your court fine will also increase, likewise, incrementally.

Beyond that, if you drive like a maniac in a short period of time and score 11 points for traffic convictions in an 18-month period, you will be paying a lot of court fees and fines and perhaps money out to lawyers. But wait, there is more!

If you act like this now, the New York DMV may suspend or revoke your license for 31 days. This means no more luxury rides to work in your car, absorbent taxi cab fares, and you may even miss work altogether if you miss the bus! Below is the New York State DMV Point chart for driving infractions all over NY State, in the Capital Region and in Upstate NY imparticular:

NEW YORK DMV POINT SYSTEM

• Speeding (1-10 MPH over posted limit): 3 points
• Speeding (11-20 MPH over posted limit): 4 points
• Speeding (21-30 MPH over posted limit): 6 points
• Speeding (31-40 MPH over posted limit): 8 points
• Speeding (more than 40 MPH over posted limit): 11 points
• Reckless driving: 5 points
• Failing to stop for a school bus: 5 points
• Following too closely (tailgating): 4 points
• Inadequate brakes: 4 points
• Inadequate brakes while driving an employer’s vehicle: 2 points
• Failing to yield right-of-way: 3 points
• Violation involving a traffic signal, stop sign, or yield sign: 3 points
• Railroad-crossing violation: 3 points
• Safety restraint violation involving a person under 16: 3 points
• Any other moving violation: 2 points
• Improper passing, unsafe lane change, driving left of center, or driving in wrong direction: 3 points
• Leaving the scene of an incident involving property damage or injury to a domestic animal: 3 points

How should I Plea If I get a Moving Violation and am Looking at Possible Points Being Added to My Record?
While guilty traffic convictions remain on your record for often over three whole years, the actual DMV points (out of 11) accrued are automatically removed from your total 18 months after committing an offense.

Call us before your speeding tickets in Albany NY get out of hand! We can help lower your points.

THREE COURSES OF ACTION YOU CAN USE IF YOU GET A SPEEDING TICKET- There are three courses of action if you get a speeding ticket for following the Sammy Hagar handbook for driving on New York State Highways…

1) LOCAL LEGAL REPRESENTATION - Do not plead guilt and just send the ticket in! Contact a local lawyer (like ourselves at www.CarboneLawyer.com – 518-283-1245). Using a local lawyer to defend you can almost certainly help you in a quest to have your ticket and fines reduced. Local lawyers have valuable relationships with city and town courts and can often pull some strings that you can not, when defending yourself.

2) GET A DRIVER’S RECORD ABSTRACT – Usually your lawyer will have you your NY STate Driver’s Record abstract, which you can pick up at your local DMV for $10. This paper will show the court who the driver is. If you are not a speed demon, this paper will help your lawyer know best how to defend you in court.

3) DRIVERS CLASS – You may also remove four points from your total by completing an accident-prevention course that has been approved by the DMV.

For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

How to Evict a Tennant

When a landlord decides to evict a tenant for failure to pay rent, there is a strict procedure to abide by. If the tenant has not paid rent, the landlord must serve a personal demand. This demand, known as the “3 daynotice,” basically tells the tenant to either pay the rent owed within the next 3 days or surrender possession of the premises. The 3 day notice can be served by the landlord him or herself and must state the amount of rent that is owed along with the period of time for which said rent is due. The rent is due within 3 business days after said service. If a landlord does not feel comfortable with serving the 3 day notice themselves, they may use a process server or anyone else that is 18 years of age or older and is deemed competent to serve. Once the 3-day notice is served, the server must sign an affidavit of service in front of a notary. This document shows proof that service actually took place and would come into play in court if the matter goes that far.

If the tenant does not pay the rent that is owed afterreceiving the 3-day notice, a Landlord-Tenant Proceeding can then be initiatedin the court in which the property is located. In this proceeding, a Notice ofPetition and Petition is to be filed. These documents need to be served uponthe tenant by a third party, typically a process server.

Within the Notice of Petition, the landlord, or attorney for the landlord, must contact the court for a court date. This date is to be added on the Notice of Petition and cannot be sooner than 5 days nor later than 12days from the date the tenant is served. Again, the landlord can fill out the
forms and have them served or they may hire an attorney who would then do all the legwork for them.

The actual Petition is served along with the Notice of Petition and must state the respondent’s interest in the property, such as whether he/she is a tenant, sub-tenant, etc. The Petition also typically includes the basic terms of the lease, the monthly rent and the payment schedule.

Once these documents are complete, the landlord or attorney for landlord must have the judge or clerk of the court sign them and then they may be served on the respondent (tenant). If, for example, the court date given by the court is September 15, the Notice of Petition and Petition can be served as early as September 3 and as late as September 10. All of these documents, including the previously served 3-daynotice and associated affidavit, must be filed with the court in duplicate along with the filing fee. This fee can vary, but it usually around $45. The affidavit of service for the Notice of Petition and Petition must be filed with the court within 3 days after service.

If the tenant pays the rent that is owed prior to the courtdate, the tenant cannot be evicted at that time. If the tenant fails to appear in court or does appear in court and fails to pay the requested rent and has no viable excuse for not doing so, a judgment is entered in favor of the landlord. The judge then signs a Warrantof Eviction. The Warrant of Eviction enables the Sheriff to remove the tenantfrom the premises. By law, there is a 72-hour waiting period between the time the Sheriff serves the Warrant of Eviction and when the tenant can be removed from the premises.

This procedure is to be followed when a tenant fails to pay rent. If a landlord wishes to evict a
tenant for a reason other than non-payment of rent, they need to serve a 30 day notice and then go from there.

The steps for Eviction can act like pieces to a puzzle and if one piece is missing, the whole process can be ruined. It is extremely important that everything is served within the proper parameters. If not, a judge can, and often do, make the landlord start all over again. This can be frustrating and costly. It's best to be certain that one's ducks are all in a row prior to execution.

For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

March Madness

I am acutely aware that the term March Madness is most often associated with the NCAA basketball tournament, but for my purposes, it refers to how things often get a little crazy in March. This is true on all sorts of levels.

Along with said mentioned basketball event, people tend to celebrate St. Patrick's Day in a very boisterous manner. Also let's not forget that in the Great NorthEast, the weather tends to break during this month and we are exposed to a few sporadic days in which it feels like mid July. With this seasonal shift and being couped up inside for 3 months, people often get a bit rambuncious, myself included. That being said, it is important to make sure we celebrate the plethora of festivities in March in a responsible manner.

If one wishes to honor the great St. Patrick by repeatedly toasting in his honor, that is all well and good, but please remember to do so responsibly and not drink and drive. Clearly I am stating the obvious and I'm not trying to sound like a public service announcement, but it is important to not only take one's own health into consideration, but that of others who can and will be hurt as a result of said actions.

If you become subject to a DWI or DUI, the best thing to do is comply with the officer's instructions. Trust me, a cooperative defendant is dealt with much more favorably than one that is not. Once charged and processed, it is in everyone's best interest to seek proper legal counsel that handles matters such as this on a routine basis.

Also in March, due to the glimpses of warmer sunny weather, people tend to not be able to drive 55, as the great Sammy Hagar would say, and become subjected to a plethora of vehicle and traffic violations. The police are out in full force during the month of March, so be on your toes. Again, if pulled over, be compliant and seek counsel to fight another day.

Enjoy these first days of Spring and drive and party responsibly. Happy March Madness to all!

For more information or if anyone has any questions or comments,
feelfreetovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

Think Before Pleading Guilty to a Speeding Ticket

To beat a traffic ticket, you don’t have to go to the gym with the mayor, or have a sticker on your back window that says you supported the police department this year. In fact, it’s likely neither of those will help as much as this first very simple tip… take the ticket and ALWAYS PLEAD NOT GUILTY, and let a lawyer do their thing.

The result of pleading not guilty is always better than just mailing in the fine and accepting whatever fate the court decides to levy on you. If you plead not guilty, the worst that can happen is that you get hit with minimal court costs, waste some time, and end up getting whatever it was that they would have given you if you pleaded guilty in the first place. The judge will not add more points to the violation. And the judge cannot require your insurance company to raise your rates even higher.

By pleading NOT GUILTY, you instantly allow wiggle room for the charges and/or fine to be lowered.The next step to saving is finding representation. Rarely can a person completely beat a ticket on their own. Without representation, often you’ll wind up with traffic school, higher points and/or higher fees than when you have a lawyer negotiate a deal. Sometimes, you’ll be offered a plea bargain such as half the points and half the fine.

Just paying that ticket without hiring a lawyer has one serious drawback. It counts as a conviction on your record and raises your insurance for years to come. This is the fine that you keep on having to pay.In recent years, the continual insurance costs from pleading guilty and accepting a conviction have eclipsed the immediate financial hit to your wallet. Traffic ticket revenue has become more important than ever to many states, cities and counties.

With local court and attorney relationships, courts move more smoothly and income is generated.Today, the wrong ticket at the wrong time from a judge in the wrong mood will send your insurance through the roof. This long term hit could result in a suspended license, and even, in some cases, cost you your job.

If you are wondering if you need a traffic lawyer, you probably do.

For more information or if anyone has any questions or comments, feel
freetovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
http://www.lakegeorgelawyer.com/

How to Avoid Tickets for Texting & Talking

Within the last year and a half, New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a 2 point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty.

Now, approximately 10 years later, NY has amended the law to include a 2 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with the implementation of the points penalty, such behavior can have an adverse effect on ones insurance premiums along with their overall driving record.

Another "hot topic" in vehicle traffic law is texting while driving. This action seems to be more prevalent in this new age of the smart phone boom. However, in November of 2009, NY passed a law making texting while driving a 2 point penalty along with a fine of up to $150. This little known fact does not seem to prevent the masses from doing so because more and more text related accidents are being reported, as odd as that sounds.

Personally, I see people chatting away on their phones while driving all the time and I am amazed due to the fact that it has been over 10 years since the law against doing so was passed. Bottom line, avoid talking and texting while driving. Not only will you open yourself up to all sorts of legal trouble, but more importantly, one imposes great physical risk to themselves and others when doing so.

The best way to avoid talking while driving would be to obtain a bluetooth device that enables one to speak comepletely hands free. The ear piece models are the cheapest. Many newer model cars these days come equipped with internal bluetooth that allows one to control their mobile device from the car steering wheel. Voice is regulated through a microphone usually imbedded in the rear view mirror and the built in radio speakers act as one giant speaker phone.

Simply using your cell phone on speaker mode will not get you off the hook from being guilty of talking on a mobile device while driving. The device must be completely hands free. Also, many new smartphone applications are available now that translate texts to talk and vice versa.

As stated, talking on a mobile device while driving can be dangerous, but textitng while driving is considered worse due to one's eyes being contantly taken off the road. For all the frequent car talkers and texters out there, I feel it would not only be in their best legal interest to obtain a suitable hands free device or smartphone application, but more importantly, it would be best for all in terms of safety and good consciousness.

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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The Costa Concordia Catastrophe

For Titanic fans such as myself, the Costa Concordia disaster must seem like deja vu all over again, as the great Yogi Berra would say. A few weeks ago the unthinkable happened as the humongous ocean liner Costa Concordia hit a reef full of rocks off the coast of Italy and partially
capsized, leaving many injured, 17 dead and at this time 15 people missing. What is even more bizarre is that the captain allegedly abandoned ship before all passengers and crew were safely off board.

It is one of the most known laws of sea that a captain is to go down with the ship. Since the captain of the Costa Concordia left his post before all were off the ship, he is being charged with a plethora of charges, such as manslaughter, negligence, abandoning ship and a whole host of others. Along with abandoning ship, the captain is being accused of sailing the boat too close to the coast and going against strict protocol that would rule out such a maneuver. It is alleged that the captain sailed the boat closer to shore than normally permitted in order to do a "salute" to the island. The captain now claims that this type of maneuver is often done and even encouraged by management in order to promote business.

The captain of the Costa Concordia has not officially been convicted of any of the pending charges and remains on house arrest. From a legal stand point, the captain looks to have a long road ahead of him in clearing his name due to the fact that his actions can no doubt be considered negligent and reckless to prosecutors. As it pertains to the charges of manslaughter, it goes without saying that the captain did not actually intend for any of the more than 4,200 people on board to perish. However, if his alleged actions prove to be true, he can be charged with such a terrible crime since it was reasonably foreseeable that said actions could cause serious danger to all those onboard the nearly 1,000 foot long ship. Based on this forseeabily factor, it then becomes irrelevant whether or not there was specific intent. Just the fact that the negligent actions were commenced by the captain would be enough to apply said charges.

On a personal note, I have been a self-professed Titanic fanatic ever since my late great Poppy Zurlo told be about the tragedy at theage of 7. I have read countless books on the topic and watched every singlemovie and documentary there is pertaining to the "unsinkable" ship. With all the technological advancements that are available now 100 years later, I would have never dreamed that an eerily similar disaster would remotely transpire again. I guess even with all the great strides in technology, there still is no accounting for human error.

For more information or if anyone has any questions or comments, feel free
tovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

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How to File For Custody in Family Court

Dealing with a family court matter can be one of the moststressful experiences a person may face. More than any other court, familycourt involves all sorts of emotions stemming from a plethora of different angles.

When faced with a family court issue such as custody, neglect or family offense, the first thing one must do is be aware that they themselves may fileat any time within the applicable family court.

For those who are not familiar with the family court process, fear not. Mostclerks at the family court level are very much aware that most people arefiling for the first time and that their stress level may be at an all time high.

The family court clerk will provide you with the appropriate paperwork, free ofcharge and with the needed guidance that goes along with it. They can not giveyou legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.

Most family court petitions provided by the clerk are fillin the blank style so don't worry if you are not up on your legalese. Once the applicable petition is filled out, someone from the court will notarize your signature and file accordingly. From there, a court date will be assigned to your case.

If at any time after you file a petition and wish to seek legalcounsel, one has every right to do so. The petitions filed can always beamended and modified so don't worry if something is filed in error.

Family court matters can be an emotional roller coaster. However, do not let the initial filing of papers hinder you in fighting for what you believe is in the beat interest of yourself and your children.

For more information or if anyone has any questions or comments, feel free tovisit us at www.carbonelawyer.com

Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law

http://www.facebook.com/carbonelawgroup
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http://www.lakegeorgelawyer.com/