New York is a popular vacation destination for Californians and vice versa. Californians visiting the East Coast, especially outside New York City, may find it necessary to rent a car in order to get the most of their vacation. For the most part, a California driver’s license extends your driving privileges to New York and the other 48 states. However, it means big trouble if you end getting hit with a speeding ticket or other traffic violation while in New York.
If you think you can just ignore a ticket you get while out of state, think again. New York and California (along with 43 other states and D.C.) all share driver information with one another. As such, California’s Department of Motor Vehicles (DMV) will be notified if you receive a speeding ticket while on vacation or business in New York. The same is true if you have a New York license and get a ticket while in California.
CA vs. NY Drivers' License Points
California almost always assesses points against you for any tickets received while driving out of state, including tickets convicted of in New York. However, the two states have very different point systems.
California assesses one point against your driving record for the vast majority of traffic violations, regardless of where they occur. Exceeding the speed limit, for example, is a one-point violation, whether you drove five miles-per-hour over the limit or 25. The same is true of minor offenses such failing to use a turn signal, red light violations, texting while driving, etc. Serious violations such as drunk driving, hit and run, reckless driving, or even driving on a suspended license are two-point violations. Points will linger on your driver’s license for 39 months after the date of the violation (three years and three months). A California driver can see his/her license suspended or revoked if he/she accrues either four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months.
While California will never assess more than one or two points per violation, New York’s point system is much more complicated. Each violation can result in a different number of points. For example, red light violations carry three points, but texting behind the wheel carries five points. A ticket for speeding varies depending on how fast you are going:
In New York, drivers who end up with 11 or more points on their license will have their licenses or driving privileges suspended. For California drivers, that may seem like a lot, but it is an easy amount to reach using NY’s point system. For example, drivers in NY who are caught and convicted of both texting while driving (five points) and driving 22 mph over the limit (six points) will have their license suspended. In California, those violations would only incur one point each.
What do NY’s points mean for California drivers? Drivers from California who accrue 11+ points based on New York’s point system will see their driving privileges within NY suspended. This suspension will be noted by the CADMV which has the right to “honor”the suspension. But even if it doesn’t, CA points that result from a NY ticket can lead to suspension in CA just like any other CA points.
What Fine Will CA Drivers Pay in NY?
Drivers from California who get ticketed in New York will end up paying a fine to New York. The agreement between CA and NY means that the latter sets the fine. California cannot collect a fine for an NY traffic ticket and will not charge drivers for the equivalent violation in the state.
In New York most ticket fines start at $150 but can be more than $600. Each ticket will also come with a mandatory surcharge of $88-$93 per violation, in addition to the fine itself. That means the above example of a texting while driving and speeding 22mph over the limit could cost $636 ($150 fine for texting, $300 fine for speeding, and a $93 surcharge per ticket).
That’s not all! Drivers who receive six or more points in NY will also be subject to what the state calls a Driver Responsibility Assessment (DRA). A DRA costs drivers, even those out of state, $100 per year for the next three years ($300). Each point over six costs an additional $25 per year for three years ($75 total). Again, using the above example, which would result in 11 points, the total cost would be $1,311--$636 in fines and surcharges, plus a base DRA of $300 and $375 ($25/point x 5 points x 3 years) for each additional point up to 11.
That’s not even getting into the cost of reinstating driving privileges.
How an NY Ticket Impacts CA Auto Insurance
Unfortunately, the fines, surcharges and DRAs are not even the most expensive part of getting a ticket in New York. The worst comes when your auto insurance provider gets wind of the violation. A simple speeding ticket can increase your premiums by as much as 21%! In California, the average premium is around $1,962 each year, which means that same ticket could result in an additional $412 per year for at least three years.
What Should California Drivers Do?
Drivers with a California license who get a ticket while in New York have options. They could pay the ticket, but the risk of high fines and the potential impact on auto insurance premiums make that the least desirable choice. The best bet is to hire a skilled attorney with experience fighting tickets in New York, including for out-of-state drivers.
ABOUT THE AUTHOR
Adam H. Rosenblum, Esq. is the principal of The Rosenblum Law Firm. The Rosenblum Law Firm’s skilled criminal defense and traffic violations attorneys have a reputation for aggressive representation for anyone facing criminal charges and traffic violations that may result in jail time, heavy fines, points and license suspension or revocation.
Class action lawsuits can occur when multiple individuals band together to sue a company. The case is brought up in the court when different individuals have suffered the same kind of losses at the hand of the company. The lawsuits usually seek damages amounting to millions of dollars, which can cause great financial difficulties particularly for a small business owner.
As a business owner, you should do everything in your power to minimize the risk of a class action lawsuit brought against your company. This is because the cost of the legal fees along with the monetary compensation paid to the plaintiffs could force your business to a halt. There are even websites dedicated to tracking class action lawsuits.
So, how can you avoid a class action lawsuit? Keep reading to find out some tips that can help business owners to minimize the chances of a class action lawsuit.
1. Think Twice Before You Say or Do Anything
Actually, this heading should be: 'think ten times before you say or do anything'. This is because whatever public announcement that you make or actions you perform could spark a class action lawsuit against your business.
Avoid making any statement that might be considered libelous or slanderous. Also, you should consider the legal implications of an action before making any decision. Consider consulting with an experienced business lawyer to know about legal ramifications before making a statement or taking an action.
2. Do Everything by the Book
Another advice to avoid the risk of a class action lawsuit is that you should do everything by the book. You must get acquainted with and follow the law by the letter. When facing a class action lawsuit, you will have a better chance of a favorable outcome if you had made sure that you did not violate any state or federal laws. Again, hiring a professional business lawyer is recommended as you can know about the legal nuances regarding different aspects of the business.
3. Clearly Define Performance Expectations
Another tip to avoid a class action lawsuit is to clearly define the performance expectations regarding job duties and roles. It's important to document the job duties and performance expectations. Employees must clearly know what they are expected to do, and how their performance will be judged.
In case you have terminated a group of employees based on performance issues, you need to provide evidence in the court about the cause of the termination. This will prove invaluable in ensuring a positive outcome relating to a wrongful termination case.
The above three tips can greatly help in minimizing the risk of a class action lawsuit. You should also consult with an experienced business lawyer to draft an arbitration clause. In this way, if an employee or a customer files a case against you in the court, you can request for the dispute to be decided through arbitration.
Sleep is necessary and no one can function properly off of little to no sleep, no matter how hard he or she tries. Without an adequate amount of sleep, people can become irritable and frustrated and a lack of sleep can start to affect everyday life tasks such as driving. Though not the same as drunk driving, drowsy driving can be just as dangerous. According to the United States National Highway Traffic Safety Administration, because of a lack of sleep, over 100,000 auto accidents happen every year, hurting over 40,000 people, annually, and resulting in 1,500 deaths. Because these accidents are underreported, auto accidents are much higher. If you or a loved one has been in an auto accident due to drowsy driving, it is invaluable to contact our experienced personal injury attorneys so that we can help you strategize about the best possible outcomes for your case.
How to Recognize Drowsy Driving
Being fatigued and driving can be a dangerous combination, without many people fully appreciating the risk of such driving. Drowsy driving is dangerous because not only does drowsiness affect your reaction time, but drowsy driving also impairs your judgment and decreases your awareness. Because of this, it is important to recognize symptoms of drowsiness so that you can decide to not drive or to pull over to a safe location so as to not cause an accident, injury or even death. These drowsy symptoms consist of:
Need Legal Advice?
Drowsy driving, though not the same as drunk driving, is just as dangerous and can be just as fatal. Because tests cannot be taken to determine whether you are fatigued or not before driving, it is up to you to make the best decisions concerning whether to drive while drowsy. Because of this, it is invaluable to seek legal advice and representation if you have found yourself in an auto accident involving a drowsy driver. If you or a loved one has been in an auto accident due to drowsy driving, contact an experienced personal injury attorney at The Paris Firm serving Pomona, CA to help you with your case today.
A lot of people are in the dark regarding personal injury cases. Most don't know about injuries for which they can get legal recourse. As a result, they lose out on getting the compensation for the injuries that they legally deserve.
Here are five common types of personal injury cases for which you can get compensation from the guilty party.
1) Medical Malpractice
Any injury sustained during delivery, surgery, tooth extraction, and other medical procedures caused due to negligent behavior of the medical staff can give rise to a medical malpractice case. Doctors, nurses, and other medical staff are required to take reasonable care when providing services. They are legally liable if they act in a reckless or negligent manner that causes an injury to a patient. A personal injury attorney can help you fight a medical malpractice case in the court to get monetary compensation from the guilty party.
2) Libel and Slander
Personal injuries in the legal context don't refer to just physical injuries. It can also be an injury to your reputation, character, or brand image. You can sue a person for libel and slander in the court. A professional personal injury attorney will help you to prove the necessary elements of libel and slander to get compensation for the injury.
3) Work-Related Injuries
Injuries that occur at the workplace can also lead to personal injury cases. You can hire a personal injury attorney to gather the required proof that can help in getting maximum possible compensation for the injury. Also, the personal injury attorney will help you in appealing the denial of benefits by the employer's insurance company.
4) Slip and Fall Injury
Slip and fall injuries also come under the umbrella of slip and fall injury. You need to prove in court that the property owner failed to take reasonable care of the property that resulted in a slip and fall accident. Whether the injury occurred due to willfully created dangerous situation or resulted from negligent behavior of the property owner, the injured person has the legal right to sue the property owner to get compensation for the injuries.
5) Auto Accident Injury
Accidents caused due to intentional or reckless disregard for road safety rules can also give rise to a personal injury case. However, proving fault in case of an auto accident injury is not easy. A personal injury attorney will help you in gathering the required evidence that can prove guilt in the court beyond a reasonable doubt.
Call Eric Paris to schedule a free consultation to discuss the details of your injury case today @ (909) 469-5127.
A hit and run car accident occurs when a driver willfully or unintentionally caused an accident, and then quickly leaves the scene. The hit and run car accident claim can arise on public road or private parking lots. If a driver hits a car while parking into an unoccupied space. And then leaves the place without leaving a note, it will also be considered as hit and run.
Usually, a hit and run car accident claim is the most difficult and frustrating to prove. The reason is that the driver usually leaves little information of the crime. However, there are some steps that you can take right after a hit and run accident that can increase the chances of locating the perpetrator of the crime.
What Do I Do After a Hit and Run Accident?
Here are the steps you should consider immediately after being in a hit & run accident:
In addition, you should find out if nearby businesses or homeowners have an outdoor surveillance camera for additional evidence. You can request them to provide a copy of the video. Having said that, they may deny your request since they are not obligated to provide you the video. However, if you have hired an experienced car accident lawyer, the attorney can issue a subpoena requesting for release of the video. It's vital that you contact a lawyer soon after the accident as most security cameras erase old data after a certain time period.
While it's difficult to locate the perpetrator of a hit and run accident, it's certainly not impossible. With the help of an experienced car accident attorney, you will greatly increase the odds of locating the guilty party. In case you want expert guidance regarding a recent hit and run accident, you should immediately contact a local Inland Empire lawyer who focuses on personal injury.
Rules and regulations are no joke for the authorities within the United States. California is a bit stricter in its policies, especially regarding the Department of Motor Vehicles (DMV). As in all other states, in order to acquire a driver’s license or license plate in California, one must register their motor vehicles and boats with the DMV of California.
However, numerous people face confusion and difficulty in the matter regarding the application procedure for license. Often times, people are new to the state of California and might be unfamiliar with the policies. Anyhow, there’s no need to worry in this regard because we’ve got you covered.
New to California?If you’ve recently established residency within the state of California, it’s quite likely that you’re wondering whether applying for a California driver’s license is absolutely necessary or not. It’s not as difficult as you might have presumed. However, it’s important that you apply for your driver’s license in California within 10 days after you have established residency within the state.
California Drivers Advocates is a team of administrative advocates that represents drivers in California when their license comes into question. You can learn more about them and their services to help California drivers here, or if you have received any type of notice from the dmv you can visit the resource website they have setup here.
A 26 year old man in Los Angeles was arrested after a DMV investigation found he had been posing and a DMV employee and taking money in exchange for the promise of removing license suspensions and fixing other renewal fee related issues. The man had posted ads on websites such as craigslist and was charging victims between $200-$400. While investigators were serving a warrant they seized his phone, which was continuing to receive calls from victims requesting their money back. Many of these victims were located in the Inland Empire.
The DMV investigators report he had learned of the scam from others, so they believe the scam may be active in California as well as Nevada. The DMV reminds people to always be aware of the way they are providing money to people, where they found the service and if anything seems out of the ordinary to do a simple internet search to learn a bit more. To read the original DMV press release click here.
While California Drivers Advocates represents California Drivers at the DMV in Fraudulent Activity Hearings these above actions depicted are not DMV hearing matters, but rather subject to criminal prosecution. If you or someone you know is facing a license suspension or revocation, California Drivers Advocates can help. They also host a resource website for California Drivers to learn about defending their driver license found here.
Many people are very overwhelmed by the “estate plan” discussion. When the issue is raised, most people zone out or attempt to change the subject. Visions of paper and signatures and legal jargon and filing documents and changing accounts come to mind. However, having a plan is not only for your property and money – it is also to help your family with end of life decisions.
Wills & Trusts
A will and trust help a person identify how they want their property distributed after death. But, there are several differences between a will and a trust. A will helps a person distribute their property on death, but in order to distribute the property, the will has to be “probated”. Probate requires the will be validated, the deceased person’s assets be inventoried and valued, all debts and creditors to be paid, and, finally, for the remaining assets to be distributed. Probate can take a year to 18 months and may be costly. A trust is often a comprehensive document, which also helps a person, or a couple, distribute their property on death. But, a trust will help you avoid probate and will provide confidentiality. This document never has to be introduced into court. When you are setting up a trust, the cost is more than a will, but may save more money in the long run. Again, there are several differences between the two, but these are some of the highlighted. Either document will help your family carry out your wishes.
Power of Attorney
Another important document, which every person should have, is a power of attorney. A power of attorney is a written document giving another person authorization to make financial and legal decisions for another, if that person should become hospitalized, disabled or otherwise incapacitated. There are many types of powers of attorney – limited powers of attorney, durable powers of attorney, or specific powers of attorney. Medical powers of attorney can be separate documents, completely.In the event you are hospitalized or disabled, it is imperative to give a trusted person the ability to take care of your finances and your health care decisions.
Updated Beneficiary Designation Forms
Beneficiary designation form is a form, which, not surprisingly, designates a beneficiary for a policy or an account. For life insurance policies, 401(k) accounts and other assets, a beneficiary designation form will generally override any conflicting provisions within a will or trust. Often, people forget to update these forms and, when the estate plan is updated,there is now a conflict. In order to make sure the asset goes to who you desire, review these forms annually.
If you are in need of assistance, and could use the advice of a local estate planning lawyer. A qualified attorney who understands the ramifications of your legal documents today and in the future can be worth far more than the cost of a consultation and document preparation.
A press release by the California DMV on May 4th, 2017 detailed new requirements for California drivers who were seeking to obtain a commercial driver license, or those who held such licenses and were looking to renew them. The new requirements were specifically related to the acceptable forms of documents used for applying or renewing commercial licenses. The press release stated. “All new commercial driver license applicants will be required to provide the DMV with proof of California residency as well as proof of U.S. citizenship, lawful permanent residency, or legal presence.”
Despite the California DMV requiring proof of legal presence since 1994, these new requirement changes reduce accepted documents in an effort to align to the Federal Government’s requirements which were adopted in 2012. For a complete list of accept documents to verify legal presence in California, view the DMV’s website here.
California Drivers Advocates is a team of DMV Defense Experts who represent California drivers at the DMV. Their services include special certificate hearing defense for ambulance drivers, tow truck drivers, school bus drivers and more. Learn more about California Drivers Advocates and their Expert DMV Defense.
Joshua Tree – A beautiful destination, but not without risks.
In a recent article by Jenna Hunt of The Desert Trail, it was noted that the National Park at Joshua Tree California could experience a record number of visitors exceeding 2 and a half million. The National Park has long been a tourist destination for hikers, rock climbers, campers and people just looking to cross another park off their list. The park aside from being a beautiful outdoor destination by itself also draws many visitors from nearby Palm Springs and Palm Desert, just minutes away. Palm Springs and Palm Desert bring in its own bounty of worldwide travelers and the ease of visiting Joshua Tree most likely contributes to the growing number of visitors to the park.
Every guest at Joshua Tree are subject to State DUI laws
While the park staff reminds people to obey speed limits there are other potentially consequential regulations to adhere to. Vacation is typically a time to relax and unwind and the businesses around the park offer great food and with that always the chance to get a quick drink or two, but keeping in mind that traffic and penal code laws apply may save some unwanted headache. Regardless of your residence status: a resident, a guest or even a foreign traveler, California State DUI laws apply to everyone in and around Joshua Tree National Park. Because the park is under the jurisdiction of the federal government visitors have a triple threat when it comes to DUI. There are n=National Park Rangers, San Bernardino County Sheriff’s Deputies and even California Highway Patrol. Each of these law enforcement agencies has the ability to conduct traffic stops and even arrests for DUI.
Arrested for DUI in Joshua Tree – A Local DUI Attorney Can Help
If you were arrested in or around Joshua Tree National Park for DUI and don’t know where to turn the Law Offices of Manuel J. Barba can help. We exclusively defend victims of DUI, nothing else. We practice right here in the desert and have been successfully defending against DUI charges for both residents and visitors alike. The DUI timeline starts as soon as you were arrested so reaching out to a professional immediately can provide a better chance at a successful defense. For a free consultation or a summary of your rights and responsibilities contact our Joshua Tree DUI lawyer for a no obligation and completely free consultation.
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