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David Alan Zipp

David Zipp’s Answers

192 total

  • I received a speeding ticket for going 54 in a 35 mile zone. School zone apparently.

    I had received two speeding tickets before this in 2012 so within a 12 year period I have gotten three speeding tickets. The first one I went to traffic school for, the second received a hefty fine, community service, and supervision, and then I g...

    David’s Answer

    Ok, 3 tickets in 1 year = Death by firing squad...

    Ok, perhaps not. The answer to the speeding question itself is that you will have a fine, and perhaps more traffic school. Your concern, based on what you have shared should be what will the Illinois Secretary of State decide as towards my eligibility to drive based on this third ticket?

    Your age and/or how long you have been driving is a factor. You may wish to head over to my website and under the "Got a Traffic Ticket" tab direct link here: you will find several links, descriptions and PDFs that pertain to the various traffic laws in Illinois. If you are a younger or newer driver, you may wish to read the Illinois Graduated Parent-Teen Driving Guide PDF - Direct Link here: which can help you better understand the enhanced levels of scrutiny you may face.

    I would highly recommend you consult an attorney such as myself who is local who practices in traffic court routinely. I would be happy to give you a free consultation. You have a few options, and if/when you call, we can discuss the specifics.

    Do not take this lightly, but do not let this consume you. I would be happy to help.

    In any event, good luck.

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  • I got a ticket for DUI in Missouri....I refused to blow on the scene and never blew at the station. I was released 4hrs later

    on my own recogness. i believe I was under the legal statue. What happens to my illinois DL.

    David’s Answer

    I agree with the other attorneys - You need a Missouri DUI attorney. I only add that you might consider reposting this or a similar post on Avvo using the geographic area in Missouri where you received your DUI. This far east into Illinois, you will not likely find a lot of Missouri/Illinois barred attorneys. There are numerous ones in the East St. Louis area BTW.

    Good luck in your situation.

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  • I think my insurance company is trying to cheat me!

    My car is in the shop to be repaired, the insurance company claimed my car totaled and offered a value to buy it off of us. However, they called us later and decreased their buying price from scratches that we told them about that were from differ...

    David’s Answer

    This is unfortunately a standard practice of many insurance companies and how they are able to afford cute talking animal commercials running in prime time. The long and short has already been explained to you by the other fine attorneys.

    You can hire an attorney such as myself to write a letter for you arguing your position but you may end up frustrated and of course out the cost of the attorney.

    You may wish to inquire from the body shop if the vehicle is in fact repairable. You would likely be coming out of pocket for any excess over the "total value" of the vehicle.

    The total value is a subjective value. If it were me, I would find the value of your vehicle by utilizing the various NADA, Kelley Blue Book and Black Book (all slightly different - excellent article on explaining the various car value books here: ) This will give you a arguable range or value of the vehicle.

    Regionally, us folks here in Chicagoland routinely pay more for items than other areas of the country, so perhaps one of the websites that allow you to put in your zip code will give you even more of an understanding of the value of your car.

    Remember the car is 'totaled' which may mean never working again or it may mean that the value of the repair exceeds the assessed value of the car. Its a negotiation. Arm yourself with some comps of what your car was valued at before the accident and calmly put your case forward.

    Good luck.

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  • What is the punishment for obstructing a Police officer?

    My husband called the police because he was intoxicated. The police came and cleared everything up. They were getting ready to leave but he kept getting smart with the cop and was arrested for Obstructing a Police Officer. What is the punishment?

    David’s Answer

    It might depend if there is a Gurnee local ordinance that they are saying he violated, but most liked they just charged him with 720 ILCS 5/31-1 Resisting or Obstructing a Peace Officer. Here is a link to the law so you can read it yourself:

    You can look at the ticket itself for the citation he is charged under. While the statute does allow for this to be treated as a felony, from what you have written, I am fairly confident that this is at the Class A misdemeanor level.

    I would suggest you have your husband contact a criminal defense attorney such as myself who practices in Lake County and can advise you more. This would be a free consultation.

    Good luck.

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  • What does this clause mean in my new rental lease agreement?

    "Lessee shall pay to the Lessor all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in any action or proceeding to which Lessor may be made a party by reason of any act or omission of Lessee. Lessee shall also pay to ...

    David’s Answer

    The other two attorneys have done an exceptional job of answering your main question. I just add the following that such language is fairly common in leases and follows along with the standard five day notice that is used by landlords when tenants do not pay their rent as agreed.

    As to the second part, this clause does not mean that you would pay the attorneys fees for the landlord should your bring a legitimate lawsuit to enforce provisions of the lease. In the event such a situation occurs, consult with your attorney specifically but in general, this clause is necessary for the landlord to ask for and recover necessary attorneys fees to evict or enforce the lease and will not normally be viewed by the Court as some means that would prevent you from bringing a legitimate lawsuit against your landlord should the need arise.

    Good luck.

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  • Can I sue a cop if he accuses me of committing a crime when I had not?

    I am a teen and This girl sent nudes to this kid and the kid sent them to me. The school police officer says the pictures are photoshopped and the cop thinks I photoshopped them. He said that "he had his money on me" for me doing it. When I am pr...

    David’s Answer

    The short answer is that you can sue anybody at any time for any reason. This does not however mean or imply you will win your lawsuit.

    You have a serious situation on your hands which could have some serious ramifications on your future. My best advice for you is to contact an attorney without delay and to also not speak or write about this situation any further on the internet.

    You are describing being in the possession of child pornography. I cannot stress this enough that while you may be completely in the right and did nothing wrong, you cannot help yourself or the situation by broadcasting this information. Work with your parents to find the right attorney and remember that as angry as you are at the police officer, there are intimate photographs of a underage girl going around, and nobody is going to take that situation lightly.

    Use good judgement and candor. Good luck.

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  • My niece is currently serving 31months in a federal prison. Shes a first time offender. How much time will she actually have.

    She has already served 3months

    David’s Answer

    There is no parole in the federal system. The only credit off her sentence will be for any time served up and until the sentence was imposed and any good time credit she earns each year (currently the maximum is 47 days a year for each year imposed). This PDF may be helpful to you in understanding Good Time Credit in the federal system:

    I hope this is helpful to you.

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  • Can I argue a "Failure to reduce speed to avoid an accident" ticket based on the fact that I did reduce speed?

    My wife was the fourth car in a four car accident. We ended up sliding into the back of the car in front of us with minimal damage to either of our cars. Before I contact an attorney to discuss my case, I wanted to get some general feedback on...

    David’s Answer

    As has been said, you can always make that argument, but I would caution that it is not likely to sway any finder of fact. I would advise you to consult with an attorney such as myself who routinely handle traffic matters in Lake County. Like myself, most attorneys in cases such as this will offer you a free consultation.

    Part of the advice I would give folks in a situation such as yours is a critical fact based question - did the officer who wrote the ticket actually see the accident occur or did the officer reach this conclusion based on his or her investigation at the scene?

    Presuming you do not want to pay the ticket, I would set it for trial. If you hire an attorney to go with you on the trial date, you can expect them to charge you for this court visit. I have had clients feel more comfortable to have me with them at the response date and have paid me to be there for them.

    You could instead simply fill out the back of the ticket and mail it in and set a trial date. This will give notice to the officer and the person you allegedly hit to appear in Court. If the officer did not see the accident and the victim in the case does not show, it is likely the case might be dismissed. If the victim appears, you can have a trial or if you have an attorney, a negotiated plea might be considered.

    This is all the traffic aspect side of the accident which is criminal in nature. What you should also be prepared to show is that your insurance has been notified and a claim has been/is in the process of being addressed. In the unlikely event you have not notified your insurance company, do so without delay and retain the records from this claim.

    Good luck in your situation. Do not stress this any more than necessary. Feel free to call me or email me at should you have further questions. I would advise you retain an attorney and I think you might be surprised at how reasonable a fee for legal representation in a case such as your have described can be.

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  • Is it allow to cancel wireless phone contract upgrade over the phone in 2 days.

    T-mobile call me on 12-31-12 to upgrade one phone and new plan on 2 yrs contract, and we agreed. I have 4 lines on my account. Jan. 2, 13 i call to ask to cancel the transaction, and put me back to old plan(month to month). she stated she has to p...

    David’s Answer

    There are as many cell phone contracts as there are cell phones and providers these days. The answer to your question lies within the language of the contract you may or may not have agreed to. A verbal contract might be considered enforceable, however your statement is a representative of that same company who you reasonably believed was authorized to make decisions stated to you that "it was no problem to switch" which seems to indicate a mutual change (in this case, change back) to the 12-31-12 agreement/contract.

    Legally, the contract you are being held to is what will govern. However, since you did all this on the phone, you obviously could not sign an agreement, nor reasonably be held to fine points you could not be aware of.

    Rather than make this a legal issue, if it were me, I would drive to a T-Mobile store, speak calmly and rationally with the store manager and get a resolution right there. You are not stopping your service and should be considered a valued customer as you have the four lines in service. A good conversation with a store manger at a brick and mortar store might resolve your issues in a few minutes rather than the faceless customer no-service calls.

    Finally, whatever contract you are under, the new one you do not like or the old ones with the four existing lines, while you are at the brick and mortar store, ask the store to print you out hard copies of the actual contract you are under. This way you at least know the terms and conditions of your T-Mobile contract.

    Good luck.

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  • Got a ticket for running red light when i didn't and a lady ran into me, my ticket is going before judge, do i need a lawyer,

    no witnesses on my side apparently , i was alone in car

    David’s Answer

    You have already received excellent advice and I would be happy to give you a free consultation.

    Just to clarify, is the ticket for running a red light from an automated camera and you are having a administrative hearing, or did an officer see what happened and then write you a citation, or did you simply have an accident and the officer concluded that you must have run a red light?

    If its a red light camera, this is not really a criminal matter and you should have a link to watch the video in the notification.

    If the officer saw you, than you will be looking for that officer at trial. If the officer did not see the accident but simply responded to it, than the issue is with the driver of the other car.

    Not that any of these cannot be legally argued, just more a question of clarification. If you allegedly ran a red light, usually the runner of the light strikes the other car but from your post, it seems that she struck you, which would seem to indicate that you had command of the lane.

    Best of luck and I would be happy to discuss this with you in greater detail.

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