I have (civilian) PTSD but have not been officially diagnosed and am not medicated. Can this get me ehm instead of a mandatory minimum jail sentence on my 3rd DUI charge? What will the court want to see to prove my PTSD?
As many of my colleagues have indicated, you may be eligible to petition the court for a Deferred Prosecution under RCW 10.05 should you qualify. If not, your attorney can certainly petition the court for an alternative sentence (rather than jail) under RCW 46.61.5055 if "that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based."
The suspending of the mandatory imposition is discretionary with the court.See question
I was curious to see if I could drive a small motorized vehicle (probably under 50 cc) on the sidewalk without police giving me a hard time about it. I'm curious about that in Detroit, MI and Chicago, IL where I live now.
At least in Chicago it appears the only exception to riding a motorized vehicle on a sidewalk is in the case of a motorized wheelchair. See the following:
No person shall operate any pushcart upon any roadway, except by permit.
No person shall ride a skateboard upon any roadway or sidewalk in a business district.
No person upon roller skates, or riding in or by means of any coaster, skateboard, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street.
Any person upon a sidewalk on roller skates or riding in or by means of any coaster, skateboard, or similar device shall yield the right-of-way to any pedestrian and shall give audible signals before overtaking and passing such pedestrian.
No person riding upon any bicycle, motor- driven cycle, coaster, sled, roller skates, skateboard or any toy vehicle shall attach the same or himself to any moving vehicle upon any roadway.
No person shall operate a motorized cycle or motorized scooter on the public way, except on a street where vehicular traffic is allowed. No person shall operate a motorized cycle or motorized scooter on a street unless the vehicle is properly registered and the operator is in possession of a valid driver’s license, and meets the requirements of the Illinois Vehicle Code with respect to insurance. Nothing in this subsection applies to any motorized wheelchair as defined in the Illinois Vehicle Code.
Any person found to have violated any provision of this section shall be fined not less than $25.00 and not more than $200.00.See question
In April, 2015 I had medical issues for what I was on medical leave from work for a year. In July2015 during a repair in my apartment mold was found in my bathroom. Two more apartment bellow my apartment had mold too. Took the management 3 months ...
Most landlord tenant acts (statutes that govern tenants and landlords rights) with address uninhabitable situations and the actions, you as a tenant may take when these situations arise. In California this is covered under California Civil Code 1942. I would advise you at least consult with a local real estate or landlord tenant attorney before you move, but you may very well have the right to move out immediately without repercussions. Good luck.See question
I was traveling down a four lane highway and did not move over because I knew nothing about this law and did not want to miss my exit.I did not feel I was in danger of hitting the officer or other person.
The law in WV is a misdemeanor and holds a maximum of 6 months in prison; however, unless you have an extensive criminal history I would doubt you would actually go to prison, more likely you would pay a fine but you would want to consult with a local criminal defense attorney to see how these matters are handled. Here is a copy of the statute (section 5 outlines the penalties):
§17C-14-9a. Approaching authorized emergency vehicles; penalties.
(a) The driver of any vehicle approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, shall:
(1) Proceed with due caution, yield the right-of-way by making a lane change not adjacent to that of the authorized emergency vehicle, if possible with regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle and reduce speed to a safe level for road conditions; or
(2) Proceed with due caution, reduce the speed of the vehicle, maintaining a safe speed not to exceed fifteen miles per hour on any nondivided highway or street and twenty-five miles per hour on any divided highway depending on road conditions, if changing lanes would be impossible or unsafe.
(b) (l) Any person who violates any subsection of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county or regional jail not more than sixty days, or both fined and imprisoned.
(2) If violation of this section results in property damage in addition to any other penalty imposed, driving privileges of the persons causing the property damage shall be suspended for ninety days.
(3) If violation of this section results in injury to another person in addition to any other penalty imposed, the driving privileges of the person causing the injury shall be suspended for six months.
(4) If violation of this section results in the death of another person in addition to any other penalty imposed, the driving privileges of the person causing the death shall be suspended for two years.
(5) Any person who violates any provision of this section and while doing so also violates section two, article five of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall, in addition to the penalties set out in section two of said article and this section, be fined not less than one thousand dollars nor more than five thousand dollars, or confined in the county or regional jail for a period not more than six months, or both fined and imprisoned.See question
Our neighbors have been sent bills for out HOA dues again this year. Our entry sign has been broken for 2 years with no repairs. The president of the HOA does not answer phone calls or return messages. We did contact the accountant but he only tol...
Your best bet is to find a local real estate attorney for assistance. I'm sure they could find a copy of the HOA agreement and that is likely to best place to start. Good luck.See question
My brother had his license suspended in Colorado 12 years ago. He has lived in Kansas for 10 years. Does he still need to get his license reinstated in Colorado before he can get a license in Kansas?
The best way to find out is for him to apply for a license in Kansas. Most states DMV, DOL, or DOTs share information regarding licenses via the Interstate Compact Agreement. Depending upon why he was suspended will determine if he is eligible for a license in Kansas. Good luck.See question
I have been given a vehicle and intend to get my Driver License back. I was ordered to take a 15 hour drug education program and obtain a SR-22 for two years from the date of conviction. But it has been near eight years. Am I still required to tak...
The best place to get your answer would be the DOT as they will have all the requirements you need to get your license back. Many times if you have not fulfilled the original obligations due to a conviction (even if it past the time) they will still want the classes and SR-22, but you would have to confirm with them. Good luck.See question
My brother-in-law lives in Elmhurst, NY. Two years ago, he suffered a house fire and lost all his identification except what he had in his wallet. He had let his NY State driver's license expire because he takes public transit everywhere. He recen...
Did you go with him to those agencies to see specifically what he was told. The DMV would accept his expired DL to at least let him obtain an ID card. The social security administration should also not deny him the ability to obtain a new card. It may be helpful to go to those locations with him or at a minimum write an affidavit verifying his identification and have it notarized, but I would recommend the first option. Good luck.See question
We want to sue the sheriff department, county, homeowner's insurance, and ADT Security for a burglary that occurred in 2014. We don't know what kind of lawyer to sue. The sheriff dept has all the evidence they need (Witnesses etc) to prosecute and...
You will need a civil attorney/law firm. Likely you want a firm that specializes in torts (a civil wrong not arising out a contract). I hope that gives you a starting off point.See question
My ex as posted Private Property signs in front of the porch and has hand written no Video Recordings on the sign. For my safety I would like to video record the pick up and drop offs of my children. If I am in the driveway only can I record?
In most scenarios you are not allowed to record someone without their permission, unless it is on public property. As the driveway is on private property so long as you don't record while standing on the driveway I would think you would be okay (i.e., can likely record from your car on the public street). You cannot peer inside windows or doors however. The only caveat I would give is that you would need to consult with your local codes and regulations within the city or county you reside to determine for certain any restrictions.See question