Jonathan Louis Kramer's Answers

CA traffic court rules, can I get a ticket dismissed if it states my speed was 30 in a 45

If the ticket, on its face, says that you were traveling 30 mph in a 45 mph zone, it will conflict with with another portion of the ticket that the officer wrote citing you for violating the Vehicle Code, generally something in the range of California Vehicle Code Sections 22348 - 22366, or Sections 22400 - 22413. The ticket will contain a facial error, and those are tough for the officer, WITHOUT YOUR HELP (read below) to overcome in court. Whether the ticket is dismissed is going to...

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Is it legal to unlock my iPhone?

There is a U.S. Copyright Office rule on point regarding unlocking of cell phones. I have a page on my website devoted to information regarding this rule. See: http://telecomlawfirm.com/cell/unlock-cell-phones.php Jonathan L. Kramer, Esq. Kramer Telecom Law Firm, PC Los Angeles, CA Notice: This answer is for information purposes only. No Attorney-client relationship is formed with the questioner or any other person expect after execution of a written agreement. No one may rely on...

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Speeding, traffic ticket laws in CA

To follow up on what David said, no, it's unlikely that you'd be arrested in California for an out-of-state violation, however, the specific rule for convictions in other states is below. Basically, if you're convicted of a traffic offense in another jurisdiction (including Canada) and your license could be suspended in that other jurisdiction, you can have your California license suspended by the DMV if the same type of offense inside California could result in suspension. Since you don't...

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Sued for internet sales of a companys product.

Generally, unless you have entered into a contract with a firm to purchase but not resell their products, then there is little they can do to prevent you from doing so. I say little, because some companies will sue to block ongoing sales under a theory of trademark infringement. This, however, doesn't seem to be the case (you said, "just a few personal items, this was not ongoing"). Beyond the basic claims against you, the starting questions your lawyer will look at include where the suit...

What is the correct process to file a petition /w the FCC about an apt complex's restrictions on installing an OTA antenna?

It seems like many landlords and property managers don't understand OTARD, and its preemptive impacts on them. Generally, you are correct. The FCC rules do not set a limit on the number of OTARD-protected antennas you are permitted If the antennas are within the confines of your unit. In that case, it's going to be very difficult for the landlord/property manager to assert a claim against you. No, you don't need to hire an attorney to file an OTARD complaint with the Commission. The...

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Can Directtv charge me Mississippi sales tax when their service is provided from New York via satelite? Class action suit?

Various states and local agency governments will charge a tax on the satellite service. While the programming may be sent to you via satellite, the satellite equipment to receive the programming is physically in your state, as were the installers who put in the system. While I cannot comment on Mississippi law (I'm a California attorney), you should be able to get more information from your taxing authority. Jonathan Kramer, Esq. Kramer Telecom Law Firm, PC http://TelecomLawFirm....

Cellular Phone Contract

I concur with Attorney Friedman's analysis, and I'd offer the following. Most of the major carriers now prorate their early termination fee ("ETF") so if you're really intent on exiting your existing agreement, the cost to do so may be low. Additionally, you should ask the company you'd like to move to whether they will offer you any incentives (i.e., extra equipment or discounts) to cover your transfer costs. The bottom line is that most likely (that being greater than a 95% chance)...

Utilities

Your question does not disclose your state or local government jurisdiction. That is key to starting to find the answer you seek. Having said that, I'll also say (as an attorney serving municipal governments) that no competent attorney can or should answer your question online or in person without learning much more about your facts and then applying them to the laws that will control, whether they be federal, state, or local. The result is that I suggest you contact a local land use...

Video camer for deaf

Ms. Long: From my online research of Sorenson Communications, as a video relay service provider, they have certain duties as a 911-relay service. While their terms of service as published on the web site do not explicitly limit their service to ASL, they may have the latitude to limit the sign systems they support. This seems logical given that they would otherwise have to have a much larger 'multi-sign' system staff were they to not limit their supported sign systems. This would...

Rcw chapter 59.18, residential landlord tenant act, tenant's right to contest landlord sale of house

As a California attorney, I can't advise you as to Washington-specific law, so I encourage you to contact a real property lawyer in Washington. Under general principles of law, however, the answer would yes, the owner can sell the property while a lessee hold a valid lease as long as (a) the written lease terms do not prohibit the sale, and (b) the sale does not interfere with the lessee's continuing rights under the lease (i.e., to remain in the property until the end of your current lease...