Mark A Nermyr’s Answers

Mark A Nermyr

Chandler Criminal Defense Attorney.

Contributor Level 8
  1. Photo radar sends a bill for a speeding ticket in the mail. In Az. does the state require that you be handed a supoena in pers

    Answered about 6 years ago.

    1. Mark A Nermyr
    1 lawyer answer

    No, you do not have to pay the ticket because you did not commit the offense. Mail is not proper service. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules of civil procedure requires personal service. However, if it is not you in the photo radar ticket: send a photocopy of your D/L with a copy of the ticket back to them and they should drop the case. The government has the...

    1 lawyer agreed with this answer

    11 people marked this answer as helpful

  2. What if my grandson gets photographed driving my car?

    Answered about 6 years ago.

    1. Mark A Nermyr
    1 lawyer answer

    No, do not tell the government who was driving. And you do not have to pay the ticket because you did not commit the offense. Mail is not proper service. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules f civil procedure requires personal service. However, if it is not you in the photo radar ticket: send a photocopy of your D/L with a copy of the ticket back to them and...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. Does the law require the photo speeding ticket receiptient to be served a supoena?

    Answered about 6 years ago.

    1. Mark A Nermyr
    2. Edgardo Rafael Baez
    3. Alan James Brinkmeier
    3 lawyer answers

    I understand your question. The short answer is generally, yes. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules of civil procedure require personal service.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  4. Can someone's criminal case be discussed out & about in public and online before ever going to trial.

    Answered over 3 years ago.

    1. Craig S Orent
    2. David Michael Cantor
    3. John Leif Fossum
    4. Mark A Nermyr
    4 lawyer answers

    I am sorry to tell you but the short answer is generally yes.. While it is not uncommon for attorneys to speak with people outside the court, including the media, if it causes you prejudice in any way you may be able to use that to your advantage. Try to get records of any and all of the out of court statements. I hope you get the care you need.

    1 lawyer agreed with this answer

  5. Does an officer have to pull you over while commiting the said crime?

    Answered about 6 years ago.

    1. Mark A Nermyr
    2. Alan James Brinkmeier
    2 lawyer answers

    The officer has to see you in the HOV lane in order to give you a ticket. If an officer observes a traffic violation they can pull the person over at any time, as long as it is the same driver. For example, every time I pass a cop on the road I slow down to the speed limit. But if he saw me speeding before I saw him and slowed down, he can give me a ticket. Whether you should fight it or not is up to you. If the officer fails to appear for the hearing (which happens way more than the...

    1 lawyer agreed with this answer

  6. Is it legal in the state of arizona for a officer to breathalize a 16yr old without a parent present? She was also handcuffed.

    Answered almost 6 years ago.

    1. Mark A Nermyr
    1 lawyer answer

    You only have the right, as a parent, to be present IF your daughter requests your presence. Arizona case law requires that the police read your daughter her "juvenile Miranda Rights". These are different that the Miranda Rights read to an adult. If the officer failed to read the juveline rights, the case can be dismissed. What was the officer's reason for stopping your daughter? There is no requirement that a female officer be present unless they are going to search your daughter. Your...

    1 person marked this answer as helpful

  7. HELP! i am in a state of confusion with no hope in sight! i plead guilty (alfred) to a drug crime i did not commit now im stuck

    Answered almost 6 years ago.

    1. Mark A Nermyr
    1 lawyer answer

    What is your question? Did you plead guilty? If you did not possess the meth, you are not guilty. Did the police drug test you? was there any paraphernalia in the car?

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  8. Can you leave state with unsupervised probation. I am not from this state.

    Answered almost 6 years ago.

    1. Mark A Nermyr
    2. Lee Grochmal
    2 lawyer answers

    It depends on if you are being placed on probation by a city or the superior court. If it a city matter then you will be free to move back to SC. if on the other hand it is a case out of superior court then the answer is no. Currently there is no mechanism for unsupervised probation to be transferred to another state. If however you were to be placed on supervised probation you could apply for interstate compact. Interstate compact is an agreement between the probation departments in all...

    1 person marked this answer as helpful

  9. Can police search a vehicle if a traffic stop was not made pertaining to the vehicle?

    Answered almost 6 years ago.

    1. Mark A Nermyr
    2. John M. Kaman
    2 lawyer answers

    The initial encounter and record check sounds rather routine. However, taking it to the next level by asking to search the vehicle is a cop with too much time on his hands. They can always ask to search and you can always refuse. If you refuse it will only heighten the cop's interest. The cop DID NOT have a legal basis to search the car without consent or a warrant. Simply having a criminal record does not give a cop reasonable suspicion or probable cause that anything illegal is ongoing....

    1 person marked this answer as helpful

  10. Can police search property prior to obtaining search warrant, based on claim it was conducting/processing a crime scene/investi?

    Answered almost 6 years ago.

    1. Mark A Nermyr
    2. Alan James Brinkmeier
    2 lawyer answers

    Short answer is yes, this is pretty typical. But that does not mean it was legal. Often time’s typical police tactics are unconstitutional. If the police have a justified basis for entering the home without a search warrant anything they see in plain sight is legally obtained. Plain sight has been expanded to include plain smell. So if the police were in the house for an emergency and smell marijuana they can obtain a search warrant. They cannot however go into rooms that did not...

    1 person marked this answer as helpful