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Scott R. Scherr

Scott Scherr’s Answers

3,561 total


  • Are both my kids entiled to pip if passengers in accident whit my sister driving???

    Ok so we live with my sister and my two kids(1 1/5 y.o and 9 y.o) were passengers with my sister and she got in a bad accident. The 1 y.o was ok and was checked at the scene and my 9 y.o was taken to hospital by ambulance but ultimatly just had so...

    Scott’s Answer

    Each child who incurred medical bills can make a PIP claim. The claim is actually made by the parents to pay the medical bills. If the one year old did not seek medical treatment, then no bills were incurred and there would be no PIP claim.

    You can make both a PIP claim and a liability claim for the nine year old. You may want to get an attorney.

    I am glad your kids are okay.

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  • Fingerprinted with right name but misspelled last name on court papers

    Ok so long story short got into a verbal dispute with a security guard on campus . Campus police fingerprinted me with my correct name and spelling later I was transported to another building and the commissioner had all my personal information c...

    Scott’s Answer

    Since the case has been dismissed, you can get your record expunged immediately assuming you have no other pending charges or subsequent convictions. File a Petition for Expungement and General Waiver and Release to get the expungement. (The Waiver does require you to promise not to sue).

    A background check will likely still turn up the charge which is why you want your record expunged. You don't need to worry about correcting the spelling of your name.

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  • Do I need an attorney for a marijuana civil citation?

    I received a citation for possession of marijuana under 10 grams, which is now a civil citation in Maryland. Being under 21 years old, I had to go to court. During my first court appearance the judge suggested that I postpone to another date and t...

    Scott’s Answer

    You should consult with an attorney. Many counties have diversion programs for first time marijuana offenses. An attorney could attempt to get the charge dropped in exchange for community service and then you can get your record expunged.

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  • What happens if you are not served a summons to appear in court prior to the date and its returned to the courts?

    will another date be issued?

    Scott’s Answer

    In the District Court, a new trial date will be set when the Plaintiff reissues the Summons for service. In the Circuit Court, the trial date is not usually scheduled until at least one Defendant is served.

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  • Do I have a lawsuit for purchasing a used vehicle and within the year having to replace the transmission, engine, and battery?

    I purchased a 2003 Saturn Vue with 84,029 miles July 18th 2014. Two months and 800 miles later (Sep. 8th), I had to purchase a new transmission for the vehicle costing approx. 1700. A month later i had to purchase a new battery for 130. Fast forwa...

    Scott’s Answer

    if you purchased the used vehicle from a dealership, the vehicle usually comes with only a 30 day warranty. If you purchased an extended warranty, you could make a warranty claim if you reported the issues under the terms of the warranty. Unfortunately, the lemon law only applies to new vehicles.

    You should take your car back to the shop that installed the new engine so that they can fix the problem.

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  • Should I contact a lawyer?

    A Fedex van driver hit my car the other day trying to pass me,(invaded my lane and hit me with his rear driver side of the van) we stop and he jumped out his van to look at what he have done, the first thing he said was "dam**" Then tried to blam...

    Scott’s Answer

    If you were injured, you should definitely get an attorney. Insurance companies do not treat unrepresented individuals fairly in the handling of the claim and negotiations. You can also make a PIP claim against your own insurance company to pay your medical bills and reimburse you for 85% of your lost wages. This does not let the Fedex driver off the hook.

    If you have collision coverage, you have the option of making a claim against your own insurance company for the property damage. You will have to pay a deductible, but will get it back if your insurance company is successful in its subrogation claim against Fedex.

    Do not give a recorded statement to the Fedex insurance company. They will try to twist your words around to blame you.

    Good luck!

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  • If a case on stet is reopened by the state can it be put back on stet or does it automatically move forward?

    If the state reopens a criminal case which was placed on stet at the initial hearing are all options still available? Is the option for stet still open or does the case now require an outcome one way or another? If a stet is still available how li...

    Scott’s Answer

    The State can reopen the case for any reason within one year, but must demonstrate good cause between one and three years. If it has been more than a year since the stet was entered, you can argue there was no showing of good cause and that the case should remain on the stet docket.

    If the case is allowed to be reopened either because it was within one year or good cause is shown, you retain all of your rights except the right to a speedy trial. The case will move forward to trial and will not be placed back on the stet docket since the State's Attorney must agree for the case to be placed on the stet docket.

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  • Is my boyfriend going to be able to get out on his own?

    My boyfriend got arrested for domestic violence for the first time. He has a record but nothing for domestic violence and they are all closed cases. Nothing happened but his sister said he tried to choke me.

    Scott’s Answer

    Your boyfriend may need to post bail or he could be released on his own recognizance. It will be set by the Commissioner. He should get an attorney to defend the charges since the court takes domestic violence charges seriously.

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  • I had my license suspended for refusing a breathalyzer. 1st time in 50 years this has happened. What's my appeal remedy?

    I was pulled over for speeding at a stoplight.(Seriously) The officer asked where I was going and where I've been. I told them. One officer asked was I drinking that night and I replied no. He asked me to get out of my car. When I asked why or if ...

    Scott’s Answer

    You had 30 days to appeal the MVA hearing and the time period has expired. You should consult with an attorney to see if you have any remedies if your license is still suspended.

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