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Tyro
Nov 10, 2009

Internet Cliche posted:

My idiot cousin was busted on underage drinking in Indiana, but he is a resident of Virginia. If he gets busted on the charges and ends up with a suspended license - do those charges apply only in IN, or does VA recognize reciprocity on that?

I assume they do, I don't think he's expecting them to though. I don't think it will come to a suspended license - he's 20, and a first time offender. It's certainly possible though.

I can't get a clear answer on reciprocity agreements from Google, could some confirm this for me?

http://en.wikipedia.org/wiki/Driver_License_Compact

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Tyro
Nov 10, 2009

SlenderWhore posted:

Today, I drove by a police car who was holding out a speed gun. I was going 39/40 on a 35- but only because I was in the "far right" lane (it was a 4-lane road, and then there was a cut-off road off to the side, this is the one that I got onto) that you get on before merging onto a ramp to then merge onto the highway. I didn't get stopped but the cop was pointing the thing RIGHT AT me & it creeped me out so I wondered if I may have done something wrong? Aren't you supposed to accelerate when getting onto a ramp to enter the highway? I know nil about speed guns and was under the impression that they also took photographs of speeding vehicles so I wondered if there was a chance I might receive a fine in the mail.

Handhelds don't take photos, or at last thy don't around here. It was probably a LIDAR unit, hich must be aimed at individual cars in order to read their speed. Don't worry about it.

Tyro
Nov 10, 2009
Quick boring lease question to cleanse the palate after The GrumpyCat Show.

In VA. I'm the tenant, month to month lease, rent is due the first of the month.

State Landlord/tenant act says:
"A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written
notice on the other at least seven days prior to the next rent due date. The landlord or the
tenant may terminate a month-to-month tenancy by serving a written notice on the other
at least 30 days prior to the next rent due date."

I'm unclear on when the final payment due is. So if I give notice next week, can I say I plan to move out at the end of April, or am I still on the hook for May 1's rent? Basically, is it 30 days notice + final rent payment (effectively "30-60 days before you plan to move out") or does the >30 days notice before the next payment mean you can end the lease without penalty without making that payment? I hope I am articulating this clearly, maybe it's a dumb question, but it seems like it could go either way.

Tyro
Nov 10, 2009
There is a BFAC megathread specifically about debt collection that might help also!

http://forums.somethingawful.com/showthread.php?threadid=3234974

Tyro
Nov 10, 2009

woozle wuzzle posted:

IT IS A GIANT HASSLE THAT WOULD RUIN YOUR LIFE.

He's right. I was in your position a few years ago, except I was underwater and was never planning to move back. I did rent the place out for a few years when I went to business school just because I couldn't afford to sell it. I never made a profit, though some years I made "income" enough to be taxed (and some years I lost enough to reduce my tax burden...)

If you can get out now do it.

Tyro
Nov 10, 2009

lord1234 posted:

Jurisdiction: Travis County, Texas, USA

http://www.traviscad.org/pdf/Forms/Exemptions/50-114_Homestead%20Exemption%20Form_rev%205_14_25.pdf

I'm trying to fill out this Homestead exemption as we just recently purchased our home, and next year will be the first year we live in the house as of January 1st.

I am curious about Step 5. It asks specifically

"Do you have an exclusive right to occupy this unit because you own stock in a cooperative housing corporation?"

The house is a single family, free standing home. But it's technically in a condo association as well. Is that the same thing as a cooperative housing corporation?

I don't want to make a false statement, of course.

I am not a lawyer, but a co-op and a condo are not the same thing.

Tyro
Nov 10, 2009

10bux posted:

Stupid idea

I convicted a guy of felony DUI (not in CA) who claimed that exact thing after a crash.

Tyro
Nov 10, 2009

Soylent Yellow posted:

I have a question regarding British law. A customer (lets call her Mrs X) recently purchased a rather expensive item from one of my colleagues. To cut a long story short, she messed up the order to the point that the whole mess was escalated up to her immediate superior (me). I have been making every reasonable effort to solve the problem for Mrs X, going significantly beyond what is contractually required, but unfortunately every time I have one problem sorted, another one pops up. Today, I had to order a spare part for her, which is being posted directly to her home from our suppliers. This is not good enough for her, and she wants the part (which we don't have) right NOW, and is threatening to set up camp in our showroom to warn off all of our customers and would actively sabotage all of my sales appointments if she doesn't receive it. I was tired of putting up with her bullshit, so I told her that if she tried this, I would have her escorted from the premesis by the police. She responded that so long as she only politely told them that we are terrible and didn't cause a scene, the police wouldn't touch her. If she does decide to go ahead with her threat, under what circumstances can I get her rear end kicked out?

You may want to try cross posting this in the ask a cop GIP thread, there are several regular posters there from your part of the world.

Tyro
Nov 10, 2009
If someone wanted a will done in Virginia, how well would a simple home made write up that was notarized hold up in court?

Edit: I am assuming it would be perfectly fine if not contested, just kind of curious about the worst case scenario.

Tyro
Nov 10, 2009

blarzgh posted:

The handwritten will is called a "holographic will" and some states allow them and some states don't. When you go to take care of someone's estate via probate, you offer a will up to the Court as the guideline for distribution of the property.

If the Court rejects the will, or another potential heir challenges the will and wins, the Court will toss it out, and split the property evenly among the heirs.

Even without a will, the heirs can all get together and agree how things will be split up, and submit that agreement to the Court, in lieu of the will; even if that agreement contradicts a valid will.

Interesting, thanks!

Tyro
Nov 10, 2009

FrozenVent posted:

Where do you live that private citizens get warrants?

In Virginia private citizens can swear out warrants in front of the magistrate. When I was a cop we used to occasionally refer bullshit calls and mutual combat to the magistrate.

Tyro
Nov 10, 2009

Hot Dog Day #91 posted:

So person A was arrested in Connecticut and charged with a DUI. Person A then wants to return to state S and ignore the charges in Connecticut?

That is a bad idea.

Even more so for a felony DUI.

Basically if someone did that, it's up to the arresting jurisdiction whether they want to extradite. Common extradition terms for charges like that could be "bordering states only" or "will extradite within 500 miles". Or maybe no extradition at all out of state. Who knows.

But regardless, there will be warrants put out for this scofflaw. They will have to deal with being detained in handcuffs and possibly arrested any time they deal with the police, forever, until this is taken care of. They may have trouble getting a job if it involves a background check. They will be considered a (low level) fugitive. This will never go away until they go turn themselves in.

(I am not a lawyer but I used to be a cop)

Tyro
Nov 10, 2009

Macaroni Surprise posted:

I teach DUI education and therapy classes and this week a client asked a very good question that I have no answer for.

When it comes to Implied Consent laws as far as driving and having to consent to police requests for drug tests, do they apply to someone who never had a driver's license? Everything I find appears to say that you agree to implied consent when you apply for a driver's license, but are you still subject to them if you never applied for a license?

Depends on the state. In Virginia for example, you are definitely still subject.

Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of (Various DUI code sections here) within three hours of the alleged offense.

Tyro
Nov 10, 2009

Macaroni Surprise posted:

Very interesting, thank you for the reply. I don't suppose you (or anyone) would know if there is a similar statute in colorado?

Took about 5 seconds with Google...

(1) Any person who drives any motor vehicle upon the streets and highways and elsewhere throughout this state shall be deemed to have expressed such person's consent to the provisions of this section. 

Tyro
Nov 10, 2009

Spacewolf posted:

You are insane and, while I don't feel competent to link it to statutes, almost certainly committing a few federal crimes of the indictable variety if you actually send that letter.

18 USC 1546 plus conspiracy. Federal felony.

Tyro
Nov 10, 2009

Shaocaholica posted:

Would there be some sort of time limit on an extradition warrant ? People can go decades without a traffic violation or any interaction with LE.

Generally speaking, arrest warrants don't expire once issued. And the interaction when the warrant is discovered and served would not be a "sign here and promise to appear" situation, it's a "handcuffs, go to jail immediately and you might eventually get a bond" situation.

Tyro
Nov 10, 2009
Wow. Just wow. That's nuts. Nobody can take advantage of you like family, I guess. (Though as a non-lawyer, I have no idea how you read that document and assumed it was a gift)


FYI In section 3 on the first page, you missed a name that I think is supposed to be blue.

Tyro
Nov 10, 2009

WhiskeyJuvenile posted:

It's very County-specific as to whether the judge will let you off in Virginia. Get a lawyer.

e: reckless driving is -also- a class 1 misdemeanor, for instance

Beat me to it.

In the county I used to work in, you're straight up not getting off unless the cops made some mistakes.

Tyro
Nov 10, 2009

Vargatron posted:

How often do cops just not show up for traffic ticket hearings? The ticket gets thrown out of the police officer doesn't show up right?

Totally depends on the jurisdiction. I missed traffic court once in the 5 years I was a cop and my boss's boss got a phone call from the judge afterwards asking where I was and making it clear I better not do it again.

Tyro
Nov 10, 2009

Dr. Arbitrary posted:

As a millennial, I've never heard of that bank, or special CD rates for students, but that's the point. You pay a certain amount, and then when the certificate matures, you get your investment back with interest.

:cheers:

Tyro
Nov 10, 2009

Zero VGS posted:

His proposition to me is that I can write up a 1-year lease that has him paying a large amount in advance (i.e. double my rent for the first 3 months) in order to build up a reserve, give me visibility into his income, add language to make it easy to evict him ASAP if he falls behind on the reserve, and add language that says he can't discharge debt to me with another bankruptcy. This was all his idea, though he admits he's not sure how much of that would actually be enforceable here in Massachusetts.

I'm looking around for a lawyer tomorrow, but can anyone give me a general preview on how much I can write this lease in my favor and still have be enforceable? All I really want is to be able to kick them right the gently caress out if the writing is on the wall that they're going to fall behind. I want to have them out and refund them any reserves before they ever get the chance to actually owe me money. I've heard horror stories about families that stop paying rent after a couple months and then pull shenanigans in court to stall eviction indefinitely so they can just live rent-free forever. That would cost me the house if something that extreme happened.

I can't speak to the contractual negation of the possibility of bankruptcy. And I'm not a lawyer. But I am a foreign service officer, and due to the weird way our per diem decreases over time, it's relatively common for my coworkers to structure leases this way (as renters and occasionally as landlords to one another) when they are in training in the DC area.

I would caution you against framing it as building a refundable reserve. I would make the actual rent change on a schedule, so that you are actually owed the larger amounts up front, to compensate you for the risk you are taking on. This will let you build up your cash reserves for cash flow purposes, and you can retain the cash if things go sideways. Why the hell would you structure it with the intent to GIVE THEM MONEY BACK if they screw things up so badly that you have to kick them out?

Tyro
Nov 10, 2009

BonerGhost posted:

The guarantor thing is a big deal to me because if she fucks up my credit report, I have the inclination and ability to deal with it directly and the impact is limited. If she makes another mistake and sends something else to collections under my husband's name, it's much harder to fix with worse potential consequences.

Dunno about the rest of it but a mistake on someone else's part should have no negative impact on your husband's clearance, even if it goes to collections. He just needs to document it/keep records, and explain it during his reinvestigation. It's an annoyance, nothing else.

Tyro
Nov 10, 2009

SgtSteel91 posted:

I got pulled over in Virginia for 46.2-1078.1 (B): driving a moving motor vehicle in a highway work zone while holding a handheld personal communications device

The officer gave me a court summons

Why a court summons rather than a ticket and fine?

And could I get demerit points on my driver’s license? Looking into it, they can give you points in Virginia for texting while driving, but the court summons explicitly says I was only holding my phone while driving through a work zone.

I have a Maryland driver’s license and this is the first time I’ve gotten this violation

The Virginia Uniform Summons is the form that is used for all misdemeanor and traffic offenses. I suspect yours is marked that appearance is not necessary if you prepay the ticket. Contact the court to find out how to prepay if the officer didn't give you the payment sheet.

That code section didn't exist when I was a cop so I don't know if they will assign you points or not. The DMV is the organization that assigns points in VA.

Tyro
Nov 10, 2009

joat mon posted:

Do you have (artisanal) spoons in your house?

No, I am evicted.

:sickos:

Tyro
Nov 10, 2009

blarzgh posted:

Day 4 of "SPOON MAAEEIUUHHN" stuck in my head

drat you

Tyro
Nov 10, 2009

spacetoaster posted:

The police in my city have started randomly stopping cars to see where they're going. We are under a stay at home order and the exceptions are a long list of regular stuff (you can go out to shop for groceries, get gas, exercise, see a doctor, go to a necessary job, etc, etc).

Is this generally legal? I find the idea of police detaining you to see if you're breaking the rules (with no probable cause first) to be troubling.

Not addressing the "random" stops issue because I'm not a lawyer, but a quick clarification of a common misunderstanding: probable cause is not the requirement for temporary detention in the USA. Reasonable suspicion is what you're looking for, which is a much lower burden to reach. Probable cause is what's required to make an arrest, or obtain a search or arrest warrant.

Tyro
Nov 10, 2009

SkunkDuster posted:

but lawyers are bunch of ball washing bastards

I'm not a lawyer, but I'm pretty sure you're supposed to wash your balls on a somewhat regular basis

Tyro
Nov 10, 2009

blarzgh posted:

I only know the difference between JAM and JELLY

I was waiting all day for someone to make this joke

Tyro
Nov 10, 2009
There are something like 15+ specific code sections addressing different things that are considered reckless driving in Virginia. They're all punishable by jail time. They're in 46.2 Chapter 8 Article 7.

"Code of Virginia Code - Article 7. Reckless Driving and Improper Driving" https://law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/

Most of them specify that they only apply on highways. I'm not a lawyer and not familiar enough with case law to know which might specifically apply. Depending on the type of property, could be 46.2-864 "Reckless Driving on parking lots, etc."

Tyro
Nov 10, 2009
It depends on the states Leperflesh. IANAL but in my state your recourse would be to unwind the deal and get your money refunded, minus a "reasonable fee" for mileage incurred which the state law caps at half the IRS mileage rate. Which is not ideal in the current market if you actually want the car.

No clue if you'd have a claim for damages beyond that.

Tyro
Nov 10, 2009

E-flat posted:

Do people who are victims/relatives of victims sue the perpetrator? Like, say your kid got murdered. The state brings charges against the fellow who did it, but is there anything stopping you from suing them in addition?

I was thinking about the one of the kids who got shot the other week for ringing a doorbell/driving up the wrong driveway and how I never hear about civil suits against people who do violent crime.

Sure. O.J. Simpson's wrongful death suit, for example.

Tyro
Nov 10, 2009

Organza Quiz posted:

Back when I used to transcribe cases I typed one where a guy got pulled over for suspected drink driving, but before they could breathalyse him he drank half a bottle he had with him so as to obscure how much he had drunk before.

So they got him on obstruction of justice instead!

I had a guy try this back in the day. It ended up being his 7th or 8th DUI arrest, his third conviction. He hopped out as soon as he was stopped, faced the police car, pulled out a pint of whiskey, and slammed it. Where he hosed up was getting back in his driver's seat to wait for the officer to come talk to him, which meant he technically resumed control of the car.

Tyro
Nov 10, 2009
As long as it's not reckless driving by speed, it's not a huge deal (speaking as a long time Virginia resident, not a lawyer).

If it's the reckless code section, get a lawyer.

Tyro
Nov 10, 2009
There should be a code section number in the upper left corner of your summons where the offense is listed. Probably starts with 46.2. That's how you can figure out for sure if it's reckless or not.

Tyro
Nov 10, 2009
Just so you know what's at stake - VA treats reckless as a class 1 misdemeanor, it's a criminal offense with possible jail time. Good luck.

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Tyro
Nov 10, 2009

Probably these.

https://doha.ogc.osd.mil/Industrial-Security-Program/Industrial-Security-Clearance-Decisions/ISCR-Hearing-Decisions/

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