Traffic Law

Have Traffic Law Questions? Ask a Traffic Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Traffic Law
This answer was rated:

FOR LAW EDUCATOR ONLY Law Educator, Thank you for taking the

FOR LAW EDUCATOR ONLYGood Day...
FOR LAW EDUCATOR ONLYGood Day Law Educator,Thank you for taking the time to review my queries and provide a response.
Today I require some insight as to the operation of legal words---Scenario: the court denys a motion without prejudice, but with a qualifying statement such as there is no new information
Which means basically you can present your motion again if new information is apparent. Does that mean that there is no "standing" on the matter until new information becomes apparent i.e. no new action can take place unless new information becomes available. Is that correct?Scenario 2: motion is presented judge denies the motion without prejudice, but supplies no qualifiers. So the individual has "standing' to bring the motion up again. The question here is--when does that "standing" take effect? Is it in effect as of the issuance of the denial with prejudice? or is there a waiting period? Since there is no qualifying statement, I take that to mean nothing need be done in order to retain standing on the matter. Is that correct?Based on the answers from this, I may have found a work-around for my issue.Thank you
Show More
Show Less
Ask Your Own Traffic Law Question
Answered in 7 days by:
10/16/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 119,625
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Traffic Law Question

It means the motion would not be proper to be brought up again unless you have discovered new evidence to support the motion. So without newly discovered evidence, the motion would not be proper, it has nothing to do with standing.

You are confusing standing, which is a party's right to bring a motion, with the legal basis for the motion. So your motion being denied without prejudice without qualifiers means that you could not file it again, STILL, without some new evidence to support why the court should grant the motion.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thank you for your reply.This is confusing. I would appreciate some clarification as to the 5 issues addressed below. Thank you, again.1.Why would the court do that when it is obvious that the opponent violated discovery rules?
2.What would constitute new evidence? The reason I am asking is because the court ordered the opponent to respond to my OSC so is this some sort of show to make it seem like Im getting reasonable due process?3.The opponent submitted an obviously fake document with no date , time or method as to how it was sent. (Which is bizarre, given the purpose of the OSC was for opponent to provide proof) how can an attorney present some crap like this with no justification whatsoever?4. Now the court has ordered they supply the certification for the document they presented? That's like letting a fox in the house where the chickens stay! Court gives opponent 1 week to provide it, So the way I see it is basically, they are going to let someone who has obviously provided a false document, no doubt provide a false certification Obviously if they had it, that should have been provided with the initial argument. The opponent isnt a rookie and this isn't even a rookie mistake.
5. So What is going on with this?

Thank you for your reply.

1) The court should not do it, but many times the court gives a ton of discretion to the parties to prevent giving them an issue to raise on appeal.

2) New evidence would be evidence recently discovered that one had know knowledge of and could not have reasonably discovered sooner.

3) Again, you have to prove it fake and we already discussed this to death and this is a rhetorical question more than anything. You prove it fake to the court and you will get sanctions under Rule 11.

4) Good, the court is making them prove the document is valid. Basically, you can still challenge the certification based on them fabricating everything else. The court is giving them rope to hang themselves is what the court is doing.

5) Again the court is giving them every opportunity so that they cannot raise these issues on appeal.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thank youi for your replyMy contention that the document is fake (outside of getting analysis of the Metadata) is based upon the fact that this issue was coupled with other issues in previous OSC. The opposition had, at that time an opportunity to address the issue as it was brought up in a few previous motions--along with the issue at hand which was covered under discovery violations. Therefore, would it not make sense for the opponent to address the issue in its' response--especially since I was claiming I never got it?
So does it not mean their failure to address it those few times the issue was brought before the court, supports my contention?
Also what about rule 26g isn't that the same sans the safe harbour aspect of rule 11?

I know the document is allegedly fake, you will make that argument in your objection even if they try to submit a certification and argue the certification is also fraudulent as they are lying and getting someone to swear to it.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thank you for your replyWith whom does the burden of proof rest? Me for saying it's fake? Or them?
If it is me, besides the obvious how would I prove it>
What about rule 26g in lieu of rule 11

The burden of proof always is on the person raising the allegation. So once they allege it is a valid document and submit their proof, since you allege it is fake you then have to offer your proof and your proof would be circumstantial and the contents of the document as we discussed with things they could not have known at the time they submitted the document.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
thank you for your replyyou did not address the query regarding 26g in lieu of rule 11
and if rule 26g is applicable, can I also use rule 11

Thank you for your reply.

You use Rule 11, I thought we had gone over that previously, my mistake. USE Rule 11 and you can throw in 26g, but Rule 11 is where sanctions come in.

Ask Your Own Traffic Law Question
Customer reply replied 1 month ago
Thank you for your replyRan across something interesting when researching for this motion. That is that rule 26(g)(3) calls for sua sponte enforcement by the judge. But in bringing it up before the court in my motion, I was looking for something that would hopefully put the court in a position where they would have to address the issue. The discovery violations were blatant and my notices to the effect had gone unaddressed or dismissed. see: Branhaven LLC v. Beeftek, Inc., _F.R.D._, 2013 WL 388429 (D. Md. Jan. 4, 2013).Just interested to know your thoughts on this as it relates to my case.
Thank you Law Edu

Thank you for your reply.

That just says the court on its own can enforce a Rule 26g violation. Sanctions can be given by the court for violation of any rule of civil procedure.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 119,625
Experience: Attorney with over 24 years of law and traffic law
Verified
Law Educator, Esq. and 87 other Traffic Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 119,625
119,625 Satisfied Customers
Experience: Attorney with over 24 years of law and traffic law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Attorney

558 satisfied customers

Private practice

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

532 satisfied customers

Run my own practice.

LawTalk

LawTalk

Attorney

359 satisfied customers

I have 30 years experience in the practice of law, including representation of clients in Traffic Court.

Marsha411JD

Marsha411JD

Lawyer

349 satisfied customers

Licensed Attorney with 29 yrs. exp. with Traffic Law issues

Tina

Tina

Attorney

234 satisfied customers

JD, 17 year experience including traffic law.

SoloLawyer

SoloLawyer

Attorney

173 satisfied customers

I help clients deal with traffic tickets on a weekly basis.

Barrister

Barrister

Attorney

158 satisfied customers

Attorney with over 17 years experience

< Previous | Next >

Related Traffic Law Questions
Law Educator, Esq. Only Hola Law Educator, I appreciate you
Law Educator, Esq. OnlyHola Law Educator,I appreciate you taking time to review my questions and provide a response.This is the first in a series that relate to the same issue 1. Is the presentation o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,625 satisfied customers
My wife got aticket in the mail 9miles over in a school
I need help, my wife got aticket in the mail 9miles over in a school zone. the fine should be $ 186.00 + 27.45 = $ 213.45 but then it states that if the fine of $ 291.45 is received by 12/8 she doesn'… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
206 satisfied customers
Received a failure to stop citation 11/13 in Texahoma but I
received a failure to stop citation 11/13 in Texahoma but I did stop at that intersection and was wondering what my options might be to remove this problem? … read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
I got a ticket for careless driving with injury in Colorado
I got a ticket for careless driving with injury in Colorado Springs do I need to hire a lawyer … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just received a cell phone violation in ct. Connecticut.
I just received a cell phone violation in ct JA: Because traffic laws vary from place to place, can you tell me what state this is in? Customer: Connecticut JA: Has anything been filed or reported? Cu… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,467 satisfied customers
My vehicle was repo. back in 2015 and I am still receiving
Hello, my vehicle was repo. back in 2015 and I am still receiving tickets for the vehicle. I do not have the plate number but I do have the vin and bill of sale. It does not indicate who purchased the… read more
Andrew
Andrew
Attorney
Juris Doctorate
186 satisfied customers
My car was illegally towed from my parking lot for being
My car was illegally towed from my parking lot for being abandoned. The HOA has contacted the tow company and they are going to release my vehicle with no fee but say if it is inoperable that they wil… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,190 satisfied customers
I was in an automobile accident yesterday evening. I have
I was in an automobile accident yesterday evening. I have liability only. the person who hit me also has liability only. he say some one in the lane to his right swerved toward him causing him to swer… read more
socrateaser
socrateaser
1,031 satisfied customers
I need a criminal lawyer. Virginia
I need a criminal lawyer JA: In what state did this occur? Customer: Virginia JA: Have you talked to a lawyer yet? Customer: No JA: Anything else you want the lawyer to know before I connect you? Cust… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was in an accident in 2015. I was ticketed for "following
I was in an accident in 2015. I was ticketed for "following too closely". My driving record was near perfect until then (only one speeding ticket after 20 years). I was in a company vehicle, about to … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
Law Educator, Thank you for taking the time to review and
For Law Educator onlyGood Day Law Educator,Thank you for taking the time to review and respond to my queries.My issue relates to FRCP rule 26, specifically 26(a)(iv) ... Does this mean I have to discl… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,625 satisfied customers
How can an individual fight an appeals determination
How can an individual fight an appeals determination rendered on a parking ticket appeal in my jurisdiction of New York City located in New York State?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Requesting Law Educator, Esq What elements should my
requesting Law Educator, EsqWhat elements should my witnesses put in their affidavits to my injuries?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,625 satisfied customers
I am wondering if there is a statute of limitations on a
I am wondering if there is a statute of limitations on a driving under suspension citation. I was told I would be contacted by district court by a municipal court worker and I have heard nothing from … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
I received a ticket on the freeway from an officer who saw
I received a ticket on the freeway from an officer who saw me grab my mobile device, check the directions I was using and put my phone down within 2 seconds. I didn't operate the phone but since my navigation was a bit soft to hear, I confirmed the direction to turn by picking up phone to check … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
My step-daughter has a provisional license. She is over 18.
my step-daughter has a provisional license. She is over 18. She has had her license for about one year. Earlier this year she received a speeding ticket and was convicted w/one point for going 64 in a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
I'm trying to find out if a CVC 21461A will result in a
I'm trying to find out if a CVC 21461A will result in a point? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Yesterday I was the first car at an intersection with a
yesterday I was the first car at an intersection with a green arrow for left turns.I HAD MY LEFT BLINKER ON AND Waited until the light turned green and when I started to go slowly I turned my right bl… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x