tag:blogger.com,1999:blog-43264506771632062962024-02-08T04:07:41.467-08:00Carbone's CourtMarty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.comBlogger81125tag:blogger.com,1999:blog-4326450677163206296.post-5569340179612916792014-12-09T18:25:00.003-08:002014-12-09T18:25:28.999-08:00Choosing a Criminal Law Lawyer<span style="font-size: 12pt;">Being faced with a criminal charge is without a
doubt a stressful experience, to say the least. The first thing one needs to be
aware of is that you have the right to counsel from the start. This opportunity
should be immediately taken advantage of, as time is often of the essence when
it comes to criminal charges. Seeking out the right lawyer is extremely
important and said decision should not be made in haste. <br />
<br />
Finding an attorney who not only has vast experience in criminal law, but also
is experienced in the court and county in which you are charged. Every court
has their own specific quirks and nuances that can drastically effect your
overall outcome in your case. While researching and vetting certain attorneys,
be sure to ask them about their past experience with that particular court and
district attorney office. You most certainly do not want your attorney going
into the Lion's Den blind, so to speak.<br />
<br />
So when faced with a criminal charge, try to side step panic with
perseverance and persistence and seek out a lawyer is well versed in not
criminal law, but also the lay of the land. <br />
<br />
For a free consultation, call 518-283-1245 or email us at <a href="mailto:carbonelaw@nycap.rr.com">carbonelaw@nycap.rr.com</a>.</span>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-28838570649458577822013-01-21T09:00:00.003-08:002013-01-21T09:00:52.584-08:00Cell Phone Shenanigans While Driving<strong>New York State is not messing around when it comes to cell phone & texting fines behind the wheel. In case you do not know and from out of state, New York State prohibits all drivers from using portable electronic devices at any time.</strong><br />
<strong></strong><br />
Illegal activity includes holding an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. Viewing, taking, or transmitting images, and yes, even playing games. These actions will all cost you money in New York, if you are caught behind the wheel engaging in them.<br />
The penalty for a violation of this law is up to $150 and also gets the gift that keeps on giving; <em><strong>3</strong> driver penalty points.</em> It is a primary law, which means an officer may pull you over soley if you are observed using a hand held device.<br />
<div style="text-align: center;">
<strong></strong> </div>
<strong>The law defines the following terms as: </strong>(a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.<br />
<br />
(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.<br />
<br />
<div>
<strong>CELLPHONE USE WHILE DRIVING – </strong>New York State does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges and fees of up to $85. For offenses committed on and after October 5, 2011, this violation also carries three driver violation points!</div>
<div>
</div>
<div>
Marty Carbone, Carbone & Carbone LLP, Attorneys at Law</div>
<div>
<a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a></div>
<div>
Twitter: @carbonelaw1</div>
Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-15647436209242846022012-12-24T13:51:00.003-08:002012-12-24T13:51:33.384-08:00Christmas Laws to Live By1.<span style="mso-tab-count: 1;"> </span>"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.<br />
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
2.<span style="mso-tab-count: 1;"> </span>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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
3.<span style="mso-tab-count: 1;"> </span>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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
4.<span style="mso-tab-count: 1;"> </span>Non-consumption
of those peanut butter cookies with the Hershey kiss in the middle is a serious
offense.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
5. <span style="mso-tab-count: 1;"> </span>Store bought
eggnog is strictly prohibited.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
6.<span style="mso-tab-count: 1;"> </span>A big screen
TV is the gift that keeps on giving all year long.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
7.<span style="mso-spacerun: yes;"> </span><span style="mso-tab-count: 1;"> </span>Re-gifting is not a crime.</div>
<br />
8.<span style="mso-tab-count: 1;"> </span>If your Secret Santa gives you
a case of beer, it may be time to start planning some New Year’s resolutions.<br />
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
9.<span style="mso-spacerun: yes;"> </span><span style="mso-tab-count: 1;"> </span>Despite recent trends and policies, you
will not be arrested if you utter the words “Merry Christmas.”</div>
<br />
10.<span style="mso-tab-count: 1;"> </span>When in doubt, gift card it out.<br />
<br />
Marty Carbone, Carbone & Carbone LLP<br />
<a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-24254014369492244572012-12-24T13:42:00.004-08:002012-12-24T13:42:51.260-08:00Remembering Darrell AbbottDecember 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.<br />
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
</div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
Marty Carbone, Carbone & Carbone LLP</div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a></div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<o:p></o:p></div>
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<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<o:p></o:p></div>
Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-43892989347946511902012-11-13T18:54:00.001-08:002012-11-13T18:54:19.435-08:00Preparation Prior to ProsecutionFiling 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. <br />
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
</div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
Next, the proper venue needs to be established in order to
go forward.<span style="mso-spacerun: yes;"> </span>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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.<span style="mso-spacerun: yes;"> </span></div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="mso-spacerun: yes;"></span> </div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="mso-spacerun: yes;">Martin A. Carbone, Esq.</span></div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="mso-spacerun: yes;">Carbone & Carbone LLP</span></div>
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="mso-spacerun: yes;"><a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a></span></div>
Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-151383080247929982012-10-22T11:31:00.001-07:002012-10-22T11:31:33.752-07:00Be Proactive in Dealing with a Traffic Ticket
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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. </div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.</div>
<br />
Martin A. Carbone, Esq.<br />
Carbone & Carbone LLP<br />
<a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br />
<a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a><br />
Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-19162086289357043392012-09-17T12:33:00.000-07:002012-09-17T12:45:53.922-07:00Tech Today, Law Tomorrow<pre><span style="font-family: Times New Roman;"></span> </pre>
<span style="font-family: Times New Roman;"><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial, Helvetica, sans-serif;">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. </span><br />
<span style="font-family: Arial, Helvetica, sans-serif;"> </span></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial, Helvetica, sans-serif;">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. </span></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial, Helvetica, sans-serif;"> </span></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial, Helvetica, sans-serif;">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. </span><br />
<span style="font-family: Arial, Helvetica, sans-serif;"> </span></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<span style="font-family: Arial, Helvetica, sans-serif;">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.</span><br />
<span style="font-family: Arial, Helvetica, sans-serif;"> </span></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<o:p><span style="font-family: Arial, Helvetica, sans-serif;">Martin A. Carbone, Esq.</span></o:p></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><div class="MsoNormal" style="margin: 0in 0in 0pt;">
<o:p><a href="http://www.carbonelawyer.com/"><span style="font-family: Arial, Helvetica, sans-serif;">www.carbonelawyer.com</span></a></o:p></div>
<span style="font-family: Arial, Helvetica, sans-serif;">
</span><pre class="MsoNormal" style="margin: 0in 0in 0pt;"></pre>
</span><br />
<pre class="MsoNormal" style="margin: 0in 0in 0pt;"></pre>
Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-57324990372352831202012-07-30T07:01:00.001-07:002012-07-30T07:01:15.885-07:00Running Red Lights in the Capital Region<br />
<a href="http://www.carbonelawyer.com/wp-content/uploads/2012/07/red-light1.jpg"></a>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.<o:p></o:p><br />
<br />
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.<o:p></o:p><br />
<br />
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.<o:p></o:p><br />
<br />
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.”<o:p></o:p><br />
<br />
<strong>
FINES & PENALTIES FOR RUNNING A RED LIGHT IN NYS</strong><br />
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:<o:p></o:p><br />
<br />
<strong>$100-300 for the first offense</strong><b><br />
<strong>$200-$500 for the second offense in 18 months</strong><br />
<strong>$500-$1000 for the third offense in 18 months</strong></b><o:p></o:p><br />
<br />
However, if a driver is ticketed in a smaller populated area in New York State,
they follow the fines according to this scale:<o:p></o:p><br />
<br />
<strong>$50-100 for the first offense</strong><b><br />
<strong>$100-$200 for the second offense in 18 months</strong><br />
<strong>$250-$400 for the 3rd offense in 18 months</strong></b> <o:p></o:p><br />
<br />
<strong>CAUGHT ON CAMERA </strong>- 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.<br />
<br />
For more information on this topic, please visit <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br />
<br />
Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law<br />Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-67722679807205920612012-06-25T16:05:00.001-07:002012-06-25T16:05:17.114-07:00Dividing Martial Assets Upon Divorce<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
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.<br />
<br />
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."<br />
<br />
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.<br />
<br />
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.<br />
<br />
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. <br />
<br />
For additional articles and information on matrimonial matters, please visit <a href="http://www.carbonelawyer.com/"><span style="color: blue;">www.carbonelawyer.com</span></a></div>
<br />
<div class="MsoNormal" style="margin: 0in 0in 0pt;">
<br /></div>
Martin A. Carbone, Esq., Attorney at Law, Carbone &
Carbone LLP<br />Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com2tag:blogger.com,1999:blog-4326450677163206296.post-90052006917229420002012-05-21T10:59:00.001-07:002012-05-21T10:59:23.921-07:00What to do When you Can't Drive 55<br />
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.<br />
<br />
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<br />
<br />
<strong>The New York Drivers License Point System</strong><br />
<br />
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.<br />
<br />
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.<br />
<br />
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.<br />
<br />
<a href="http://www.carbonelawyer.com/wp-content/uploads/2012/05/sammy-hagar-cant-drive-55-3.jpg"></a><strong>Insurance
Goes Up, too.</strong><br />
<br />
<em>“Only 9 miles over the limit on the highway when it is only 55? That
sucks!”</em><br />
<br />
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.<br />
<br />
<a href="http://www.carbonelawyer.com/wp-content/uploads/2012/05/sammy-hagar-cant-drive-55-2.jpg"></a><strong>So,
what should I set my Cruise Control on?</strong><br />
<br />
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.<br />
<br />
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!<br />
<br />
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:<br />
<a href="http://www.carbonelawyer.com/wp-content/uploads/2012/05/sammy-hagar-cant-drive-55.jpg"></a><br />
<strong>NEW YORK DMV POINT SYSTEM</strong><br />
<ul type="disc">
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Speeding (1-10 MPH over
posted limit): 3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Speeding (11-20 MPH over
posted limit): 4 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Speeding (21-30 MPH over
posted limit): 6 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Speeding (31-40 MPH over
posted limit): 8 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Speeding (more than 40 MPH
over posted limit): 11 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;"><a href="http://www.dmv.org/ny-new-york/marketplace/reckless-driving.php"><span style="color: blue;">Reckless
driving</span></a>: 5 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Failing to stop for a school
bus: 5 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Following too closely
(tailgating): 4 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Inadequate brakes: 4 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Inadequate brakes while
driving an employer’s vehicle: 2 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Failing to yield
right-of-way: 3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Violation involving a traffic
signal, stop sign, or yield sign: 3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Railroad-crossing violation:
3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Safety restraint violation
involving a person under 16: 3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Any other moving violation: 2
points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Improper passing, unsafe lane
change, driving left of center, or driving in wrong direction: 3 points</li>
<li class="MsoNormal" style="margin: 0in 0in 0pt; mso-list: l0 level1 lfo1; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto; tab-stops: list .5in;">Leaving the scene of an
incident involving property damage or injury to a domestic animal: 3
points</li>
</ul>
<strong>How should I Plea If I get a Moving Violation and am Looking at
Possible Points Being Added to My Record?</strong><br />
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.<br />
<div class="wp-caption-text" style="margin: 1em 0in;">
Call us before your speeding tickets in Albany NY get
out of hand! We can help lower your points.</div>
<strong>THREE COURSES OF ACTION YOU CAN USE IF YOU GET A SPEEDING TICKET-</strong>
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…<br />
<br />
<strong>1) LOCAL LEGAL REPRESENTATION -</strong> Do not plead guilt and just
send the ticket in! Contact a local lawyer (like ourselves at <a href="http://www.carbonelawyer.com/"><span style="color: blue;">www.CarboneLawyer.com</span></a> – 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.<br />
<br />
<strong>2) GET A DRIVER’S RECORD ABSTRACT – </strong>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.<br />
<br />
<strong>3) DRIVERS CLASS – </strong>You may also remove four points from
your total by completing an accident-prevention course that has been approved
by the DMV.<br />
<br />
For more information or if anyone has any questions or comments, feel free to
visit us at <a href="http://www.carbonelawyer.com/"><strong><span style="color: #bf4e27;">www.carbonelawyer.com</span></strong></a><br /><br />Carbone
& Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup"><strong><span style="color: #bf4e27;">http://www.facebook.com/carbonelawgroup</span></strong></a><br /><a href="http://twitter.com/carbonelaw1"><strong><span style="color: #bf4e27;">http://twitter.com/carbonelaw1</span></strong></a><br /><a href="http://www.lakegeorgelawyer.com/"><strong><span style="color: #bf4e27;">http://www.lakegeorgelawyer.com/</span></strong></a> <br />Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-91820386023105619522012-04-18T08:19:00.002-07:002012-04-18T08:31:56.474-07:00How to Evict a TennantWhen 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.<br /><br />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.<br /><br />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<br />forms and have them served or they may hire an attorney who would then do all the legwork for them.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />This procedure is to be followed when a tenant fails to pay rent. If a landlord wishes to evict a<br />tenant for a reason other than non-payment of rent, they need to serve a 30 day notice and then go from there.<br /><br />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.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-90318237631187596752012-03-27T11:06:00.004-07:002012-03-27T11:53:33.801-07:00March MadnessI 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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />Enjoy these first days of Spring and drive and party responsibly. Happy March Madness to all!<br /><br />For more information or if anyone has any questions or comments,<br />feelfreetovisit us at <a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-76624621566275530372012-03-08T11:30:00.004-08:002012-03-08T11:37:25.565-08:00Think Before Pleading Guilty to a Speeding TicketTo 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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />If you are wondering if you need a traffic lawyer, you probably do.<br /><br />For more information or if anyone has any questions or comments, feel<br />freetovisit us at <a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com2tag:blogger.com,1999:blog-4326450677163206296.post-58029427572393771292012-02-20T11:14:00.000-08:002012-02-20T11:31:19.901-08:00How to Avoid Tickets for Texting & TalkingWithin 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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.carbonelawyer.com/">http://www.carbonelawyer.com/</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a><br /><a href="http://www.facebook.com/carbonelawgroup">www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-91549679979533877592012-01-31T17:49:00.000-08:002012-01-31T17:56:36.724-08:00The Costa Concordia CatastropheFor 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<br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />For more information or if anyone has any questions or comments, feel free<br />tovisit us at <a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-5764506234613078392012-01-09T19:09:00.000-08:002012-01-09T19:16:28.914-08:00How to File For Custody in Family CourtDealing 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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />For more information or if anyone has any questions or comments, feel free tovisit us at <a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">http://www.lakegeorgelawyer.com/</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-32660176384519337702011-12-23T14:14:00.000-08:002011-12-23T14:23:45.995-08:00Christmas Laws to Live ByTo me, the holiday season isn't the same without watching the classic "Christmas Vacation" over and over again until the dvd skips. I would love to decorate my house with 25,000 imported Italian twinkle lights but my wife would no doubt have a fit bigger than Raphie's mom did in the movie Christmas Story over the "Leg Lamp."<br /><br />In any event, listed below are some of my laws, rules, and regulations that pertain to the holiday season. I hope said procedures are adhered to accordingly by all. Merry Christmas and Happy New Year to all!<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />4. Non-consumption of those peanut butter cookies with the Hershey kiss in the middle is a serious offense.<br /><br />5. Store bought eggnog is strictly prohibited.<br /><br />6. A big screen TV is the gift that keeps on giving all year long.<br /><br />7. Re-gifting is not a crime.<br /><br />8. If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.<br /><br />9. Despite recent trends and policies, you will not be arrested if you utter the words “Merry Christmas.”<br /><br />10. When in doubt, gift card it out.Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-67548365969897451832011-12-08T06:30:00.000-08:002011-12-08T06:42:47.431-08:00The Pantera Tragedy 7 Years LaterDecember 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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />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.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-74537805861944061062011-11-24T17:29:00.000-08:002011-11-24T17:55:22.830-08:00The Laws of Black Friday1. The laptop that is advertised at $150 is not nearly worth waiting in line at midnight for. <div><br /></div><div>2. The 42 inch Flat Panel TV for $199 will be long gone prior to your arrival at your favorite local retail store.</div><div><br /></div><div>3. Coffee up. Black Friday shopping is serious business and you will be dealing with a plethora of seasoned veterans who will stop at nothing to save a moderate amount of money.</div><div><br /></div><div>4. Have a game plan. Make a list and check it twice. You will be eaten alive if you plan to window shop and browse. I found this out the hard way. My wounds are still healing from the Wal Mart mosh and shuffle of 2007.</div><div><br /></div><div>5. Use the buddy system. Never enter the vicious waters on Black Friday alone. Bring your wife, friend or cousin who owes you money. Trust me, strength in numbers is essential on this post holiday extravaganza.</div><div><br /></div><div>Happy shopping! Hope to see you at Dennys for a post shopping feast.</div><div><br /></div><div>Marty Carbone, Attorney at Law, Carbone & Carbone LLP</div><div><br /></div><div><a href="http://www.carbonelawyer.com">www.carbonelawyer.com</a></div><div><div><div><div><div><div><br /></div></div></div></div></div></div>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-543105073428719762011-11-14T13:33:00.000-08:002011-11-14T14:01:56.376-08:00Vetting a Vehicle & Traffic Attorney<div>Getting issued a traffic ticket can be an extremely taxing experience, both mentally and monetarily. When faced with a vehicle and traffic violation, one should seek out proper guidance from an attorney who regularly deals in this area of law. One would be surprised as to how many lawyers out there do not know the ins and outs of traffic law. It may not be one of the more glamorous areas of law, but when representing a client with a traffic infraction, the attorney should not just "phone it in" as a no brainer. There are several things to take into account before accepting a proper plea on a client's behalf.<br /><br />No matter how small the violation, it is always in one's best interest to be proactive in getting their ticket handled swiftly and properly. Here are some helpful tips to consider when vetting an attorney to handle your traffic infraction:<br /><br />1. Location. Make sure the attorney you choose has some familiarity with the area in which you received a ticket. Small Town and Village courts have a lot of idiosyncrasies that local attorneys are likely to know about and can better be of service to you. Also, the less travel time an attorney has to make to court, the less likely he/she is to charge.<br /><br />2. Communication. Make sure that when you contact a traffic attorney, he/she is up front with you and conveys his/her advice in an articulate fashion. Most attorneys will offer a free initial phone consultation. Based off this consultation, size up what the attorney has to offer and if you establish a good rapport, this is a positive indication as to how the attorney-client relationship is likely to go.<br /><br /><br />3. Price. Be mindful that there are some attorneys out there who advertise a very low flat fee, but once you hire them, they change their tune and inflate the price to reflect your “special” or “unique” circumstances. The old saying holds true in that “You get what you pay for.” Don’t be so quick to hire an attorney solely on price, as more often than not, the lowest priced attorney is not necessarily the most competent attorney.<br /><br />4. Referrals. Do an online search when hiring a traffic attorney. If someone refers an attorney by name, check them out for yourself, either by doing a google or bing search or by going directly to their website. In this day and age, most attorneys have their own website. If they don’t, that may tell you something right of the bat. By going to an attorney’s website prior to speaking with them, you will get a chance to go into the conversation already knowing something about them and when speaking to them, you can see if the information they give you “jibes” with the information that is on their site. You would be amazed as to how many attorneys don’t know that they even HAVE a website, let alone know what content about them and their services is on it.<br /><br /><br />5. Experience. Make sure that the attorney you hire to represent you in your traffic matter has actually handled cases like yours in the past. Many attorneys dabble in all sorts of areas of law and if traffic is not one they handle on a regular basis, they are not in a good position to advocate in your best interest. The attorney you choose does not have to have a legacy dating back to the 1800’s. Nor do they require “over 50 years combined experience.” More times than not, an attorney who has handled his/her fair share of vehicle and traffic cases will suffice. Just make sure that this area of law is one in which they consistently and continuously take on. You certainly don’t want to hire an attorney who has tons of experience in traffic law, but has been out of the loop for a good number of years. Like mentioned above, all City, Village, and Town courts operate a bit different and have their own way of doing things. By hiring a lawyer who is “in the know” will ultimately be of best interest to your legal needs.</div><div><br /></div><div> </div><div>For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a></div><div><br /></div><div> </div><div>Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law</div><div><br /></div><div> </div><div><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a></div><div><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a></div><div><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a></div>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com2tag:blogger.com,1999:blog-4326450677163206296.post-1221173030410601982011-10-30T19:07:00.000-07:002011-10-30T19:23:29.512-07:00Every Vote Counts...LiterallyWith election day right around the corner I thought I would share a personal experience as it pertains to an election campaign.<br /><span></span><br /><span>One hears the phrase "Every vote counts" during times of election, but this term holds very true to myself and my family in a very literal sense.</span><br /><span></span><br /><span>My father and law partner, Martin A. Carbone, Sr., was the acting City Court Judge in Mechanicville, NY for 12 years before seeking the top judicial spot. Prior to his campaign in the fall of 1991, he had already served a year as the full time City Court judge, as his predecessor fell ill and could not complete the remainder of his term. </span><br /><span></span><br /><span>In order to successfully seek re-election, my dear old dad not only had to fight with the powers that be to finish out his current term, but he also had to change political parties in order to be endorsed and run on a major party line.</span><br /><span></span><br /><span>My family and I felt like it was us against the world so to speak and we went full speed ahead in my dad's quest to remain City Court judge.</span><br /><span></span><br /><span>To add insult to injury, my father broke his foot right at the begining of his campaign and was unable to go door to door and meet the public at large. I, who was 16 at time, took his place along with my mother. Together we canvassed the majority of the city of Mechanicville spreading the good word on behalf of my dad.</span><br /><span></span><br /><span>On election night, things were tense because the race for judge was a dead heat. When the night was over, it appeared that my dad had lost the election by 4 votes. However, the absentee ballots were not accounted for so we had to wait about a week to get the final results. </span><br /><span></span><br /><span>When all the votes were in, my father had won the election by 4 votes. The celebration was short lived, however, as his opponent challenged the validity of some of the absentee ballots in NY Supreme Court and the election was overturned in his favor by one vote. </span><br /><span></span><br /><span>Our family was initially devastated, but we brushed ourselves off and filed an appeal in the NY State Appellate Division. The appeal took a few months and my dad quietly lived in exile, away from the confines of his city court chambers.</span><br /><span></span><br /><span>I remember like it was yesterday when I was in my high school band class and a fellow class mate came up to me and said that I was wanted in the main office. I asked what the problem was and he said my father was on the phone. This struck me as odd since my father had never called me at school before. Remember, this was before cell phones, email and text. </span><br /><span></span><br /><span>I picked up the phone, praying that nobody died. On the other end, I hear my dad simply say "5-0." Confused, I asked him to repeat what he said. He again only said "5-0." Having not a clue what he meant, I said, "5.0 Mustang?" (they were popular at the time) He said "No, 5-0 decision in our favor."</span><br /><span></span><br /><span>It then hit me that he was reffering to the 5 judge panel that sat on the NY Appellate Division. To win an appeal, one needs at least 3 of the 5 judges to rule in your favor. In our case, all 5 judges ruled in my dad's favor, hence the "5-0."</span><br /><span></span><br /><span>I lost my mind after I realized what happened and everyone in the school office looked at me like I was nuts, but I couldn't have cared less. </span><br /><span></span><br /><span>As a result of the Appellate Division's decision, the election was now overturned in my father's favor when one absentee ballot was thrown out and one was reinstated. The one that was reinstated was initially rejected in Supreme Court because it was filled out in green ink. The judge who threw it out must have overlooked the fact that the law was changed in 1974 allowing absentee ballots to be filled out in ANY color ink, not just blue or black, which had been the standard prior. So with the luck of the Irish, the green ink absentee ballot put my dad one vote over the top and named him City Court judge.</span><br /><span></span><br /><span>The war was not quite over until April 1, 1992, when the NY Court of Appeals, the highest court in the state, refused to hear my father's opponent on appeal. It was over. It was official. On April Fool's Day, my father was officially named City Court judge of Mechanicville. </span><br /><span></span><br /><span>The moral of this long winded story is every vote counts. Quite literally in my father's case. One vote determined the outcome of his election. If one person who voted for my dad had instead sat back and decided that they didn't need to vote because they wouldn't make a difference, they would have been gravely mistaken. Unfortunately, this is the attitude of a lot of voters, especially when it comes to the major elections. </span><br /><span></span><br />I experienced how every vote counts up close and personal. On election day, if anyone out there decides not to vote solely on the notion that their vote doesn't count, rest assured, it does. Who knows, your vote just might be the deciding factor. Literally.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-3831989435203247232011-10-14T18:21:00.000-07:002011-10-14T18:25:32.429-07:00Steve Jobs and the LawWith the passing of the incomparable Steve Jobs, one cannot come across a tech article or blog without the mention of his name. With that being said, it is arguable that without Steve Jobs, we would have no blogs to even read. Steve Jobs without a doubt had a significant influence on countless people's lives in terms of technology.<br /><br />While that may be a mere understatement, what some do not realize is that Steve Jobs in some way, shape or form changed how we as a society function in terms of business across countless platforms. Jobs made computers "cool." His intent was to implement them into our daily lives, for the average person, not for the select "computer literates" that at one time, were very few and far between.<br /><br />Steve Jobs' influence has been very apparent in the legal world in recent years. The iPad, for example, has only been around for less than two years, but numerous attorneys routinely bring them into the court room, replacing voluminous files and dates books. At one time, paper calendar organizers were a staples item for any busy lawyer. Since the advent of smartphones, specifically the now iconic iPhone, even some of the most "old school" attorneys have ditched their paper planners in favor of their always up to date and synced iPhone.<br /><br />Steve Job's influence in technology has also been felt in the realm of legal research. More and more law firms are ditching their trusted voluminous legal books, treatises, and journals for online materials. While Jobs did not invent the internet or computers themselves, he had and continues to have an integral impact as to how we use said resources in our everyday lives.<br /><br />Steve Jobs, simply put, made computers and technology hip, cool, and fun. He made a once complicated venture user friendly and allowed the masses to enjoy what previously only those in NASA could cope and understand. Jobs paved the way for modern computer icons such as Mark Zuckerberg, Sean Parker, Shawn Fanning and Biz Stone. It is arguable that the whole social media revolution would have been brought to the forefront had it not been for Steve Jobs paving the way.<br /><br />Lawyers, in my opinion, are greatly indebted to Steve Jobs for providing such devices such as the iPad and iPhone, which now serve as a "mobile office" for many attorneys working in the trenches. Steve Jobs, indirectly, did something that very few thought was possible. He made lawyers cool.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0tag:blogger.com,1999:blog-4326450677163206296.post-81011833108093198942011-10-02T17:58:00.000-07:002011-10-02T18:09:45.891-07:00Getting Pulled Over<div>Getting pulled over by the police while driving can be a very shocking, startling, and extremely stressful experience. For most drivers, this has happened at least on one occasion and it is something that should not be taken lightly during the moment it is occurring.<br /><br />Typically, a driver is pulled over by an officer of the law when they are breaking some sort of traffic law, such as speeding, running a red light or stop sign, etc. Other reasons may include suspicion of driving while intoxicated or other criminal offenses. When one views the flashing red light in their rear view mirror, it is important not to go into complete panic mode and disobey said blinking cherry.<br /><br />When one is summoned to pull over, they should do so immediately. This is common sense of course, but one would be amazed on how many drivers do not do so immediately and suffer the wrath of the patrolling officer once they do indeed stop.<br /><br />It is vitally important to remain in your vehicle once an officer pulls you over. In this day and age, an officer never knows who can be a danger to their person so they will be quick to defend themselves if they feel threatened by one's actions. Simply stay in your car and follow the officer's lead. They will often open the conversation with either "License and registration" or "Do you know why I pulled you over?" Your response to either of those questions should be in a respectful tone and in compliance to what they are asking. Do not refuse to offer your license and registration, even if you feel as though you have done nothing wrong. Do not aggressively argue with the officer, as this will only aggravate the situation, ultimately costing you further hardship down the road.<br /><br />You may ask the officer questions, such as what you were doing wrong and so on, but do so in a respectful manner. One does not have to be meek. Simply get your questions across and then continue to follow the officer's direction. Sometimes the less you say the better, as certain things can be used against you when the officer is writing up their ticket, or tickets as the case may be. Remember, the police have heard every excuse in the book and are in no mood to listen to something they likely heard 20 times already that day.<br /><br />By refusing to give your license and registration to the patrolling officer, one opens themselves up to not only traffic violations, but also criminal charges as well. An officer can charge the non-complaint driver with obstruction of governmental administration, which is a class A misdemeanor. If you catch the officer in a real bad mood, they could even compound the charges and issue a citation for disorderly conduct, failure to comply with an order, and even throw in a parking on pavement violation to add insult to injury.<br /><br />So if one is ever pulled over by an officer of the law, please be sure to let cooler heads prevail and do what is asked at the time of incident. If you feel that you were targeted or charged unjustly, the time to fight the charges is after the initial stop is over. Do not try to "fight city hall" while on the side of the road. Take your time, seek counsel if necessary, and proceed accordingly. A short fuse and bad attitude can be extremely costly in the long run. Greet the officer with a smile and live to fight another day.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a></div>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-3360147373200342062011-09-21T20:15:00.000-07:002011-09-21T20:35:49.338-07:00Avoiding a Speeding Ticket<div>1. Know your surroundings. Make sure you are not driving excessively through a school or work zone. Points are assessed double in such zoned areas so be sure to stay odometer-alert when passing through.<br /><br />2. Don't assume the "Within 10 Miles an Hour Rule." This mythical unwritten rule can come back to haunt those who take faith in it. Many people are under the wrongful assumption that the police will not pull a driver over if they are speeding within 10 miles over the posted limit. This is simply not the case so be careful and try to keep that needle as close as possible to what the signs say.<br /><br />3. Keep your car in good working order. Make sure both headlights are functioning and that all tail and brake lights are working. Also, make sure that all windows are within the legal tint limit. Nothing infuriates a police officer more than a car with tint that is too dark and violates NY's rules against such cosmetics. Cops often look for little things such as a broken tail light and expired registration in order to issue a ticket to the poor unsuspecting driver. Be proactive and be sure to keep your car registered, inspected and in all around tip top shape.<br /><br />4. Don't give a police officer attitude if they pull you over. Again, nothing makes a cop more likely to issue a ticket than a mouthy, obnoxious driver. Simply ask the officer why they pulled you over and remain calm, cool, and collected. You still may receive a ticket, but by remaining civil, the officer is less likely to issue further penalties and fines.<br /><br />5. Go with the flow of traffic. Don't insist on being the rabbit of the pack. Simply remain in check with the surrounding vehicles and all will remain status quo.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a></div>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com1tag:blogger.com,1999:blog-4326450677163206296.post-31453729094135129682011-09-13T11:45:00.000-07:002011-09-13T11:51:09.359-07:00Filing in Family Court<div>Dealing with a family court matter can be one of the most stressful experiences a person may face. More than any other court, family court 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 file at any time within the applicable family court.<br /><br />For those who are not familiar with the family court process, fear not. Most clerks at the family court level are very much aware that most people are filing for the first time and that their stress level may be at an all time high.<br /><br />The family court clerk will provide you with the appropriate paperwork, free of charge and with the needed guidance that goes along with it. They can not give you legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.<br /><br />Most family court petitions provided by the clerk are fill in 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 legal counsel, one has every right to do so. The petitions filed can always be amended and modified so don't worry if something is filed in error.<br /><br />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.<br /><br />For more information or if anyone has any questions or comments, feel free to visit us at <a href="http://www.carbonelawyer.com/">www.carbonelawyer.com</a><br /><br />Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law<br /><br /><a href="http://www.facebook.com/carbonelawgroup">http://www.facebook.com/carbonelawgroup</a><br /><a href="http://twitter.com/carbonelaw1">http://twitter.com/carbonelaw1</a><br /><a href="http://www.lakegeorgelawyer.com/">www.lakegeorgelawyer.com</a></div>Marty Carbonehttp://www.blogger.com/profile/03700824458204220293noreply@blogger.com0