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Seth Russell Okin
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Seth Okin’s Answers

27 total

  • Should I just pay the fine for exceeding the maximum speed: 70 mph in a posted 50 mph zone?

    I received a ticket for going 70 mph in a posted 50 mph zone. The fine is $160, but I'm not sure how many points it would be considered. I don't know if I should request a hearing, but I'm not sure I would have a legitimate excuse.

    Seth’s Answer

    General rule, if you pay the ticket you admit guilt and will also get the points along with the fine you are paying. What is important to remember is you are INNOCENT until proven guilty. It is the job of the State, in this case the officer, to offer into evidence the necessary information concerning this citation. There happens to be case law and precedent that must be followed and an experienced attorney will know exactly what must be said at a trial. NEVER make the job easy for the State. Retain an attorney to represent you in this matter and show the court you are serious when you appear.

    In addition, an attorney will guide you and ascertain what would be important to offer in mitigation, should that State's case be solid and offered correctly.

    If you are concerned about points, about your insurance premiums and about your license status, you need an attorney. I would be happy to assist you in this matter. Please feel free to contact me at 301-455-9513, anytime, to discuss this matter.

    Very best,
    Seth

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  • My daughter's father and I were never married. He has been sentenced to prison for many years and she is just two years old.

    I changed her last name to mine and I was given sole physical and legal custody of our daughter. What rights does he have regarding access to her, information about her, pictures of her. Can he pursue visitation while he is in prison, or can he as...

    Seth’s Answer

    From the limited fact pattern, you have been granted the most important controls a parent can have for their child. Depending on the exact words of the custody order, there still may be avenues of pursuit for your child's father to pursue to gain some form of access to your child. That said, he would be limited to what a Judge is willing to grant him. A Judge would have to weigh the best interests of your child in making these decisions. If he is going to be away for "many" years, it may not be appropriate for him to have access to such a young child, not to mention she certain is not old enough or mature enough to understand. That is for the Judge to decide and for you to argue, either pro-se or with an attorney. I would highly recommend seeking counsel in this matter as a prison is no environment for a child. As stated earlier, I have never heard of a Judge ordering a very young child to prison visitation. Nor have I heard of such an order at any age. In the future, should he still be locked up, it will be up to her to chose what kind of relationship, if any, she may want to have with him.

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  • Should i get a restraining order? would this be appropriate?

    My daughter's father and I broke up a few months back and I started seeing someone else about a month ago and since then he has been harrassing smothering and threatening on many occasions. I was hoping it would just fade and he was just upset and...

    Seth’s Answer

    From the above listed facts, you talk about being scared b/c he has been "harassing, smothering and threatening on many occasions." If that was not enough to persuade you to consider a legal remedy, the fact that he "pulled" you out of your car and started screaming at you, should be the final straw. You need to consult a family law attorney as soon as you read this message. For someone to think that they can control you and show up in the middle of the night, yell at you and put there hands on you...there is little regard for your life and safety. If you do nothing now, he will think he can control you forever. The two of you are joined by your child and that link should not include chains.

    Safety and sanity is to precious to precious to be taken lightly.

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  • If I had my first DUI/DWi 10 years ago 2003, and just received my 2nd DUI/DWI 2013 will it count as my first DUI or 2nd in court

    Also will I have jail time,, I have four children at home ranging from 17 years - 3 months old. BAC this time was .018

    Seth’s Answer

    I'm terrible sorry to hear that you find yourself in this position. As a second offense, I cannot be more forward when stating, "You NEED an attorney." There are numerous things that must be discussed when approaching a 2nd offense that the State will undoubtedly bring up at a hearing. To prepare you for mitigation and to be prepared for trial, an attorney provides you with an unique service to protect you every step of the way. The process begins with the facts and if there are points to argue. Remember, the State bears the burden of proof and you are innocent until proven otherwise, beyond a reasonable doubt.

    I would love to talk to you more concerning this matter. My firm handles cases such as these and I have appeared in Rockville for 2nd offense cases in this past month.

    Please feel free to reach out to me: 301-45-9513.

    Very truly yours,
    Seth R. Okin, Esq.

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  • What to do of I am on probation before judgment and I had another speeding ticket before I was granted this?

    I got two speeding tickets within a week of each other. The first one I fought and got probation before judgement. But if you get another speeding ticket within a year you get your license suspended. Would this apply to me if I had the other speed...

    Seth’s Answer

    NEVER simply pay the ticket! By paying the ticket, you are making an admission of guilt and along with that fine you just paid, you will be assessed points administratively. The State bears the burden of proof in your case and you should make them prove it. A traffic attorney can be very helpful in this matter and you should certainly retain one in order to protect your license. Along with insuring the State proves their case, a skilled attorney can offer mitigation in these matters which often result in a better outcome for you.

    One thing that catches my attention is you statement of 2 tickets = a suspension...are you driving on a provisional or graduated license? If so, you have a lot more at stake here and truly need an attorney.

    I would certainly be available to speak to you about this further. Please feel free to contact my office: 301-455-9513

    I am located in Timonium, only a few minutes down York Rd. from Towson.

    Seth R. Okin, Esq.

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  • Daughter got DUI while driving my car; wrecked it. insuror wants to speak directly to her. My car is totaled. What is my risk?

    She is covered under her father's policy and is not on mine. She is a liscensed driver of legal drinking age. Breathalizer was over limit.

    Seth’s Answer

    Let's put the vehicle aside for a moment and hope that your daughter is okay. Then address her immediate need: SHE NEEDS AN ATTORNEY. I apologize for the use of all caps but I cannot be more serious when stating the need for an attorney in this matter. A DUI is a very serious charge, that can carry serious penalties in the courts, as well as license penalties administratively. An attorney can help guide you through this process and advise you every step of the way. There may be genuine facts of dispute which need immediate attention, so do not wait.

    To the issue of your liability, remember that the insurance covers the vehicle and not the driver. You will likely need to go through your insurance and total out the vehicle. Hopefully, the vehicle was paid off or you carry gap insurance for any difference in the balance owed, if it is more than you receive.

    I would be happy to assist you in this matter. Please feel free to contact my office: 301-455-9513

    Seth R. Okin, Esq.

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  • 1st time charged a DUI, complied with field tests. How strong is the case against me? What are my options?

    I'm from Texas, recently charged in MD for DUI. Accidentally made a wrong turn at 2am, cops at parking lot approached me and informed me of traffic violation. Then asked if I had been drinking. Wanted to comply with officer and said yes. Gave me s...

    Seth’s Answer

    YOU NEED AN ATTORNEY. I apologize for the use of all caps but I cannot be more serious when stating the need for an attorney in this matter. A DUI is a very serious charge, that can carry serious penalties in the courts, as well as license penalties administratively. An attorney can help guide you through this process and advise you every step of the way. There may be genuine facts of dispute which need immediate attention, so do not wait. It is also very important to remember that this is a "must appear" citation and you will need to make arrangements to be in the State of Maryland to appear in court.

    I would be happy to assist you in this matter and have handled cases such as these with out of State licenses. Please feel free to contact my office: 301-455-9513

    Seth R. Okin, Esq.

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  • I was arrested and charged for dui this is my first time i'm very scared because i was not driving i was sleep in my car

    i was park in front of a royal farms after i drop off a few friends and i was very tried i was in a very deep sleep the officers open my car door and said it was an odor of alcohol in my car i ask them since they think i'm not able to drive let m...

    Seth’s Answer

    YOU NEED AN ATTORNEY. I apologize for the use of all caps but I cannot be more serious when stating the need for an attorney in this matter. A DUI is a very serious charge, that can carry serious penalties in the courts, as well as license penalties administratively. An attorney can help guide you through this process and advise you every step of the way. There may be genuine facts of dispute which need immediate attention, so do not wait.

    I would be happy to assist you in this matter. Please feel free to contact my office: 301-455-9513

    Seth R. Okin, Esq.

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  • Can a court date be moved up in the county of anne arundel,maryland

    because i am supposed to leave for military

    Seth’s Answer

    You will need to file a written motion with the court and send a copy to the State's Attorney's Office (depending on the type of case) in which you will want to specifically state the reason why you are making this request. Should you have orders printed and available to you, include a copy of them when filing your motion. Make sure you also make a copy for yourself and have it date/time stamped so that you that for your records. If you come to find that the motion was turned down, send notice to the court and State's Attorney that you are active military and your leave begins on "x" date and is expected to end, on or about, "x" date. Again, you should be granted a continuance. ("should" is not a definite).

    You should really entertain the idea of retaining an attorney for this matter so that you do not come home to find a warrant entered by the presiding Judge. I would be happy to speak with you (301)455-9513.

    Seth R. Okin, Esq.

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  • How can I get an exemption from the MVA,( uninsured motorist) I am now insured . To get tags I have to paymore than $3,600?

    I was uninsured with my auto insurance because I was ill for more than a year.

    Seth’s Answer

    You will want to contact the MVA immediately, so to stop any increase in past owed fees or interest. They will likely set you up on a payment plan and bring you current so that you do not come up as suspended for being an uninsured motorist. Driving while suspended carries serious consequences.

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