Vehicle Tracking Laws

Real-time vehicle GPS Trackers have different laws that vary from state to state. Each state has a different law, so it is important to check with a lawyer to make sure that placement of the GPS won’t have any legal issues.

General laws

  • It is generally legal to use a GPS Tracker if you or the organization own the vehicle that is being tracked, or if you are the owner of the asset.
  • It is also usually legal if you are tracking your child that is under the age of 18.
  • Usually, it is legal to track a car or asset for legal repossession in the event of a loan or default.
  • It is usually illegal to use a tracking device if you are not the owner of the vehicle or if you are tracking a boyfriend or girlfriend in their own car.

Laws in the state of Florida

The state of Florida has tracking laws that can be different from other states.

Florida established a new statute that makes it illegal for somebody to place a tracking device unless you are the owner of the vehicle.

The exception to this law is a parent who is the sole guardian of a child, or if both parents consent to place a tracking device to monitor their child.

Another exception to this law is a person with a disability. This can include an Alzheimer’s patient or somebody suffering from dementia.

Using a GPS Tracker illegally in Florida is a second-degree misdemeanor. This can lead to an excessive fine or up to six months of jail time.

It is very important to verify your state laws prior to placing the tracking device. Each state has unique laws so even though it may be completely legal in one state, it can potentially lead to jail time in another state.

The general rule of thumb is that if the vehicle is in completely in your name, you should be permitted to place a GPS Tracking device to monitor the vehicle. However, if you are placing the GPS Tracker on somebody else vehicle, it is most likely illegal and can result in a fine or possibly even jail time.

Again, these laws are state specific so it is very important to consult a lawyer prior to purchasing a tracking device. The laws are also constantly changing in every specific state in the U.S., and it is important to check your state laws before purchasing and activating any GPS Tracker.

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Copyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there’s a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.

Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don’t think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.

Pirated copies are not always great

Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.

Easy digital access

Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it’s sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.

In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.

How to minimize the problem?

Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.

Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

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Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA – Deferred Action for Childhood Arrivals going to be the straw that breaks the camel’s back in academia? It very well might be. Let’s talk.

There was an interesting piece on NPR worth listening to titled: “California State University Chancellor Raises Concerns About End Of DACA,” part of the ‘All Things Considered’ venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:

“Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we’re actually deeply disappointed in the president’s action and are working strongly with, now, our congressional members to create legislation to reverse this.”

Personally, I bet it is much higher than that, I bet it’s at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don’t pay back the student loans its FREE here too, for them only as all the citizen college students can’t get out of their student loans ever, or those on Student VISAs have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program – who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; “it’s not their fault, their parents brought them here at a young age, and this is the only country they know.” Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is “unsustainable” anyway, but this may accelerate the time to drive off that cliff.

It’s too bad academia got hijacked by leftist political forces, now it’s time that the pendulum swings back to some sense of normalcy. Maybe it’s going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

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Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.
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Why Is a Driving Licence Check and Validation Important?

If you run a fleet management company, you will have drivers who work for your company. In this case, it is the employers responsibility to make sure that their employees hold a valid UK driving licence. A Driving licence validation can help protect employers from having to pay unnecessary penalties.

The status of a driving licence may change many times for a number of reasons. In some cases a driver may not even know about the status change. After the first validation of a licence has been done, the next validation is automatically scheduled. However, the frequency of this licence checking process is usually based on a driver’s risk profile. If the licence gets disqualified during the validation process, then the employer will be notified immediately.

Third-party licence checking services conduct the driving licence validation process using the Access to Driver Data (ADD) service. ADD gives real-time driving licence information through a business-to-business interface. ADD includes all the necessary information needed such as driver’s name, date of birth, address, and other driving details such as entitlement, disqualifications, and penalties. ADD provides 24/7 real-time driving licence data. ADD gives you a quick response with accurate licence/driver information. If there is no information available, it returns a simple response saying driver’s information is not available.

What Is Driver and Vehicle Information Solution (Davis)?

Davis is an expanded brand, which includes some additional information about the driver and vehicle. It is a cloud-based solution, which enables customers to add or remove various optional modules. It mainly covers four areas: the vehicle, its driver, Policies/Guidelines and driver/vehicle related services. The modular structure of Davis allows customers to utilize either a single service or a mixture of several services. This mix-and-match approach is highly beneficial to a business in that it allows them to add or remove modules when they want. Davis helps organizations to meet the regulations needed to avoid them receiving any unnecessary penalties.

Significance of the Licence Card Data Reader

Another service provided by a third-party licence checking service is a Card Reader (CDR). It captures all the licence/driver data in a single pass. Both sides can be read simultaneously. It just requires the software to be installed on a local PC to drive the reader. Using CDR, forged data can be detected easily. CDR is very user-friendly, and requires minimal training. Once the data is read, it is directly uploaded into the software. The CDR helps to speed the process up as it can read large amount of data in a short time.

Benefits of Driving Licence Checking and Validation

Driving licence validation can offer a lot of advantages to your company, some of them are listed below:

  1. Helps identify misinterpreted information and reduce the risk of forged documentation.
  2. Saves you time, because e-consent is valid for three years.
  3. Using the card data reader can validate international licences.
  4. Companies can avoid potential penalties.
  5. Business owners can have peace of mind. They can be confident about their employees driving licence and insurance information.
  6. Improves travel/road safety for everyone, including company, customer, and the driver.

 

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Who’s Liable for Injuries Sustained in Public Transportation Accidents?

Public transportation is a wonderful asset for thousands of Americans all across the country. Buses, trains, subways, limousines, metros, taxi cabs, and more are just a few examples of the variety we have to choose from when it comes to public transport. As customers and clients, we generally trust that these choices are safe and reliable; but sometimes unexpected accidents happen.

If someone is injured while using public transportation, who is at-fault for their damages? There can be several outcomes when determining who is liable for accidents such as these. Continue reading to understand all the possible parties that might be liable, under law, for injuries sustained to public transient customers.

Public Transportation Traffic Accidents

When it comes to public transportation, buses are one of the most popular. Tickets are inexpensive, and some buses are complementary to individuals in the community. School buses are also widely used for public school transportation. With the rising popularity of public buses, more and more are on the roads every day. As a result, the number of bus accidents continue to increase each year. According to the National Highway Traffic Safety Administration (NHTSA), more than 300 bus accidents happen every year, all of which resulting in fatalities.

Bus crashes, and other public transport cases, are complicated to litigate. Determining the at-fault party is a bus crash can be tricky because it may be more than one, or none at all. It requires the professional litigation skills and trial experience of a licensed car accident attorney to effectively pursue a bus accident injury lawsuit or claim. If you or someone you loved has recently been injured in a public transportation accident, like buses or taxis, contact a local personal injury lawyer to learn your rights.

Possible At-Fault Parties:

  • The Driver
  • Management Company
  • Other Negligent Vehicles
  • Government Entities (If Public)
  • Equipment Manufacturers
  • City Traffic Management (If Defective Light or Sign)

Common Causes:

  • Drunk Driving
  • Driving Under the Influence of Drugs
  • Defective Stop Light or Traffic Sign
  • Hazardous Weather Conditions
  • Reckless or Careless Driving
  • Poor Equipment Maintenance
  • Treacherous Roads
  • Defective Equipment
  • Obstruction of Views
  • Other Negligent Vehicles on the Road

Traffic accidents, public or not, can happen very suddenly, and usually result in serious injuries and damages to innocent bystanders and drivers. If a person is injured using public transportation as a result of another carelessness or negligence, they are entitled to legal compensation for their pain, suffering, lost wages, medical bills, and more. 

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Do I Need an Attorney for My Divorce?

Many couples debate whether they need a divorce attorney when mediation is required by the courts. It is recommended, at minimum, consulting with a family law attorney about your options and what is best course of action for your case no matter how well you and your ex-spouse get along.

Below you will find just a few examples of the aspects you need to consider if you are debating whether you should hire an attorney for your divorce:

  • If you have many complicated assets to divide up. If you have accumulated various expensive marital property, you should consider hiring a lawyer. You will want to have a lawyer present if you have complicated possessions you are dividing, like businesses, numerous vehicles, and real property.
  • If your spouse is prone to lying. If your former spouse is known to lie, it could become difficult when it is your word versus theirs in a hearing or mediation session. If they are spreading false information about you, or lying in the courtroom, you need a lawyer on your side to protect your interests.
  • If violence or abuse is ever involved. If any abuse is present, whether it’s related to children, substance abuse, sexual abuse, mental abuse, or any other form, you should always hire an attorney. Not only will the abused spouse not be able to negotiate properly for fear of manipulation or further abuse, but a family law attorney can help take the appropriate steps to protect you and your family.
  • If your spouse has hired an attorney. Your spouse may choose to hire a lawyer to represent themselves at the last minute. We see attorneys appear at hearings and mediation with little to no notice to the unrepresented spouse. If your spouse decides to have representation, you should as well. It will be difficult to make your case against a family law attorney, even if you believe you have a clear and reasonable argument.

There is so much at stake! If you are going through divorce and you are debating on whether you need to hire a divorce attorney, call and speak to a family law firm you trust in your area. An experienced attorney should answer the questions you have, discuss your options and your particular case to help you understand your options during divorce. A skilled lawyer may be an invaluable asset to protect your and your family interests.

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10 Criminal Law Tips Everyone Needs to Know

Whether you are a past offender, currently facing criminal charges, or have a clean record, these criminal law tips are facts that everyone needs to know. Not only can having this knowledge protect you and your loved ones in various situations, it can help you navigate current and future legal issues that are in the works. Continue reading to learn 10 criminal law facts and advice, and be sure to pass this information onto your friends, co-workers, and loved ones.

Important Criminal Defense Tips

1. If you are pulled over and an officer suspects you have been drinking, you have the right to refuse a sobriety test. But there is a serious catch. Keep in mind that this also means law enforcement will arrest you on the spot, and your drivers’ license will be automatically suspended for 12 months. This is because most states, such as Indiana, are “implied consent” states. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime.

2. If law enforcement shows up at your house or office requesting to conduct a search of the premises, you have the right to refuse. If they have a search warrant, you do not have this right and you must cooperate with them completely. If they do not have a search warrant, close the door and immediately contact a criminal defense lawyer.

3. If you are confronted by law enforcement, always be courteous and cooperative. Having an attitude, being disrespectful, and refusing to cooperate will only get you in more trouble. If you want the best experience possible with police, whether you end up getting arrested or not, be sure you are polite, well-spoken, and cooperative. They have all the power at the moment, and you must remember that you do not have control over the situation, so it is best to just give in and relinquish all the control. This will make your time with police and jail (if it gets to that) a lot easier for you.

4. If you are already on probation or parole for a previous offense, and you commit another crime, you will face additional legal sentences and penalties on top of the one you are currently serving. Many people are unaware how serious of an offense it is to violate probation or parole, especially by committing another crime. You can most certainly expect to be sentenced to jail time.

5. A minor is a person over the age of 10 and under the age of 18. However, minors can be charged as an adult in certain cases. This usually happens if the crime is very serious or if the minor is close to turning 18 years old. Being tried as an adult means that a minor faces adult penalties.

6. If you are a past offender, and it has been many years since your last offense, you may qualify to have your criminal record sealed from public access. This means that employers, banks, landlords, and the general public cannot look up a particular criminal charge or arrest. You must have a criminal defense lawyer help you file for record sealing, as the process is highly complex and demanding.

7. To get a complete copy of your criminal record, you must compile all records in every county and state they exist. That is because local, state, and federal records are all different. You will have to contact the clerk’s office or local authorities to get the records you need. You can also have your criminal defense lawyer help you with this.

8. Never waive your right to an attorney. Furthermore, never attempt to represent yourself in court. If you want to avoid the maximum penalties for your criminal charges, you need to have an experienced lawyer working on your defense. They are the only ones who have the knowledge and resources to protect your rights and preserve your freedoms.

9. You have to be very careful what you post to your social media accounts. You must understand that your social media activity can be used against you in a court of law, even traffic court, divorce court, and other civil courts. Law enforcement and government organizations have technology that allows them to identify IP addresses, locations, coordinates, times, dates, and more. If you post from a coffee shop on the corner of 9th and Main, they can find out. Nothing is private on your social media, and all activity is permanently logged forever.

10. The best way to avoid getting in trouble with the law is to surround yourself with positive and healthy people, and to partake in healthy activities. Furthermore, educating yourself on certain particulars of the law can help you understand your rights and obligations as a U.S. citizen. If you ever have questions about the law, contact a trusted criminal defense lawyer for professional advice and answers.

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How To Respond To Settlement Letters In Copyright Infringement Cases

Settlement letters are sent to particular internet subscribers who are identified to have infringed a copyrighted material. Also known as letter of demand (LOD), the letter is usually composed of the name of the infringer, IP address, and all the details about copyright infringement. First of all, getting a demand letter such as a TCYK letter more likely means that you did violate the law and the copyright enforcers have evidence to prove that you have infringed a copyrighted content. Second, it is not advisable to just ignore the letter as it could result to serious legal consequences. So, when you get a demand letter, respond to it. In every illegal download case, ask about the situation or what the letter means. If you ever find yourself as a “John Doe” defendant, here are a few practical tips that can help you in your defense in the lawsuit:

– Settlement amounts are usually negotiable. If you get a TCYK letter or any settlement letter, chances are you will be offered a settlement amount. The figure may be changed depending on your approach or how you attempt to negotiate. So, it would not hurt to try especially if you really did it.

– Among the copyrighted materials that you can possibly pirate, porn bears the most embarrassment and it involves more risks so find a way to settle quickly. Don’t waste your time delaying the case. It is best to make it go away the minute it’s presented to you.

– Do not fight a subpoena. Doing so could only expose your identity. Copyright infringement is not something that you could just take for granted. You need to protect your own identification and avoid a potential scandal that will not help you in any way in your life.

– Fighting a case could lead to more expensive costs compared to every negotiated settlement. Besides the hassle that can be expected in a lawsuit, there are legal fees that you need to consider should you decide to fight a case. You may get a total that could have been avoided if you just settle.

As provided by copyright law, a copyright grants a creator exclusive rights to the distribution or reproduction of his original work. There may be exceptions but initially, the creator owns the copyright of their created work. It would be good if people have a better understanding of how creators such as those in the entertainment industry come up with works of art. But in the meantime, they should focus on how to respond to a letter of demand.

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What Is Tort Law Exactly?

Have you ever done something that was against the rules? Well, torts are something like that; but much more serious. Torts are civil wrong-doings; immoral behaviors and actions against civilians. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party.

Torts that result in serious injury or death can be punishable by imprisonment; however, the objective of tort law is to acquire compensation for damages incurred by victims and families of victims. In addition, and equally important, intent is to prevent similar wrongdoings from occurring in the future. In fact, victims of tort can take legal action for an injunction in order to inhibit further torturous conduct of the opposing party.

Explaining Torts and Tort Law

Victims of tort can pursue fair compensation for damages incurred as a result of the offence. Exemplary damages include everything from pain and suffering to loss of companionship, and much more; such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, products, and much more.

Categories of Tort

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of tort include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of deliberate inflictions of emotional or physical trauma.

Every type of tort can be grouped into three separate categories of tort law; these categories are Intentional Torts, Negligent Torts, and Strict Liability Torts. Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort. Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice, legal malpractice, and slip and fall accidents. Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person; such as liability for making and selling defective products that are hazardous.

If you are a victim of tort, or was recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the State’s statutes of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.

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