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A Guide to the Traffic Violations Bureau

A Guide to the Traffic Violations Bureau

The Traffic Violations Bureau, often referred to as TVB, is a division of the New York State Department of Motor Vehicles. The Traffic Violations Bureau is entrusted with resolving non-criminal traffic violations within New York City, and the cities of Buffalo and Rochester, as well as significant sections of Suffolk County. The idea behind the establishment of the Traffic Violations Bureau was to reduce the large volume of these traffic cases from the normal courts. You may still contact a traffic lawyer to review your case.

Purpose of the Traffic Violations Bureau

Unlike a true legal court, the Traffic Violations Bureau is an administrative agency that is a part of the Department of Motor Vehicles, which has different procedures regarding certain elements such as having rules of evidence to its threshold for conviction of traffic violations. The function of the judge at the Traffic Violations Bureau is performed by the administrative law judge.

The sole options at the Traffic Violations Bureau for a defendant are to either plead guilty or plead not guilty. You cannot ask for plea bargains at the Traffic Violations Bureau, nor can the judge lower the charge or the penalty. Instead, he or she can only rule guilty or not guilty based on the stated charge of the violation. The Traffic Violations Bureau judge is not given the authority to increase the fine, nor is he or she given the authority to suspend a license. At the Traffic Violations Bureau, there is no complete right to a supporting deposition, and the rules on admissibility of hearsay evidence are much less strict than that of a regular court. Usually, the traffic hearing only consists of each side presenting their story, the allowance of hearsay eliminating the need of court formalities such as swearing the witnesses in and other procedures.

Appeals from Traffic Violations Bureau rulings are made not to a higher court, but rather to the Appeals Processing Unit of the Department of Motor Vehicles. There is an appeals fee of $10, which must be paid to the Commissioner of Motor Vehicles. If the Traffic Violations Bureau appeal is against the guilty verdict itself, rather than opposed to the penalty, a transcript of the case must be ordered, which has an additional fee of $50.

Criticisms of the Traffic Violations Bureau

Because the rules of evidence of the Traffic Violations Bureau, particularly the admissibility of hearsay and the right of discovery, are more relaxed than in an actual court, the Traffic Violations Bureau system has often been criticized to be a difficult and biased system. It has also been criticized due to the lack of an option to plead in order to lesser charges, which is usually found in traffic court.

The threshold of conviction at the Traffic Violations Bureau is having convincing and clear evidence, rather than the general definition of having proof beyond a reasonable doubt. Another criticism of the Traffic Violations Bureau is that this lower standard makes conviction much easier. However, others have argued that this streamlined process, along with having a judge who is an expert on traffic law, results in a fairer trial for the parties involved.

 

What to Know About Vehicular Homicide

What to Know About Vehicular Homicide

Vehicular homicide, which is also known as vehicular manslaughter, in considered a moving violation and a serious crime in most states. In general, vehicular homicide involves a person’s death that is the result of the a driver’s negligent operation of a motor vehicle, or more so the result from operating a vehicle while committing some unlawful act that may not necessarily amount to a felony. In the United States Model Penal Code, there is no special distinction between just a vehicular homicide and a vehicular homicide that also involves negligence. Both vehicular homicides fall within the overall category of a negligent homicide.
All states except Alaska, Arizona, and Montana have specific vehicular homicide statutes. The laws pertaining to vehicular homicide have the legal effect of calling a vehicle a potentially dangerous and deadly weapon, which allows for more severe penalties and easier convictions. In states that do not have statutes regarding vehicular homicide, defendants may still be charged with manslaughter or even murder depending on the situations. The victim of a vehicular homicide can either be a person who is not in the vehicle with the offending driver, for example a pedestrian, another motorist, or a cyclist, or the victim can be the passenger in the motor vehicle with the offending driver.
Motor Vehicles Involved in a Vehicular Homicide
A vehicular homicide occurs when a motor vehicle is used as the tool or instrument which causes a person’s death. Usually, the term “motor vehicle” includes all vehicles that are used and designed to mainly transport property and people on public roads and highways. The vehicle is also self-propelled and does not require manpower as a power source. Following this definition, motor vehicles that are involved in a vehicular homicide can include:
• Passenger vehicles
• Vans or mini-vans
• Sport utility vehicles 
• Motorcycles
• Taxicabs 
• Buses
• Trucks, such as pickup trucks or commercial trucks
Depending on the states, airplanes and motorboats may or may not be included within the definition of “motor vehicles” in regards to vehicular homicide. However, all-terrain vehicles, snowmobiles, watercraft, skateboards, and farm tractors are usually not considered “motor vehicles” when dealing with vehicular homicide.
Sentencing for Vehicular Homicide by State
Because the statutes and sentencing for vehicular homicide vary by state, here is a quick breakdown by state of the potential fines and time spent in prison for a vehicular homicide. Note that these can vary due to the circumstances, for example if alcohol or drugs were involved.
• Alabama: 1 to 10 years, penalties between $500 and $15,000.
• Alaska: 1 to 99 years, case law states that vehicular homicide can be criminally negligent homicide, manslaughter, or second-degree murder, depending on the risk created and level of awareness.
• Arizona: No statutes, by negligent homicide (1 to 8 years), manslaughter (7 to 21 years) or second degree murder (10 to 22 years) may apply.
• Arkansas: 5 to 20 years, classifies as a negligent homicide with fines not exceeding $15,000.
• California: 0 to 10 years and up to $10,000.
• Colorado: 2 to 6 years and $2,000 to $500,000.
• Connecticut: 1 to 10 years, up to $10,000.
• Delaware: 1 to 5 years, time spent depends on if the vehicular homicide is a first degree offense or a second degree offense.
• Florida: 0 to 15 years, up to $10,000.
• Georgia: 0 to 20 years, depending on severity of offense and whether or not the person is a habitual offender.
• Hawaii: 0 to 10 years and up to $25,000 depending on degree of negligent homicide.
•  Idaho: 0 to 15 years, and up to 15,000 for vehicular manslaughter.
•  Illinois: 1 to 28 years and up to $25,000, no probation offered unless extraordinary circumstances exist.
• Indiana: 2 to 20 years, up to $10,000, depends on offense and blood alcohol content. 
• Iowa: 1 to 25 years.
• Kansas: 0 to 172 months and fees of up to $300,000 depending on severity and whether alcohol or drugs were involved.
• Kentucky: 0 to 10 years and up to 10,000 depending on severity of the vehicular homicide.
• Louisiana: 3 to 30 years and from $2,000 to $15,000.
• Maine: 6 months to10 year, between $2,100 and $20,000.
• Maryland: 0 to 5 years, no more than $5,000.
• Massachusetts: 30 days to 15 years, depends on if there is negligence or recklessness, between $300 and $3,000.
• Michigan: 0 to 20 years, between $2,500 and $10,000.
• Minnesota: 0 to 10 years and up to $20,000 for grossly negligent behavior or DUI.
• Mississippi: 5 to 25 years and up to $1,000.
• Missouri: 0 to 15 years, depends on class of felony.
• Montana: No official vehicular homicide statute but 0 – 30 years and no more than $50,000.
• Nebraska: 1 to 50 years, up to $25,000.
• Nevada: 2 to 25 years, fees between $2,000 and $5,000, depends on if it was a DUI and any prior offenses, imprisonment for life is possible.
• New Hampshire:  0 to 15 years, up to $4,000.
• New Jersey: 5 to 10 years, no more than $150,000.
• New Mexico: 0 to 6 years, no more than $5,000 for third degree felony.
• New York:  0 to 15 years, no more than $15,000 depending on degree of manslaughter.
• North Carolina: 15 months to 40 years, depends on whether it is a felony, aggravated felony, or repeat felony.
• North Dakota: Up to 10 years and up to $10,000 can be classified as murder, manslaughter, or negligent homicide. 
• Ohio: 1 to 15 years, up to $15,000, can be classified as aggravated vehicular homicide or  involuntary manslaughter
• Oklahoma: 0 to 1 year, between $100 and $1,000.
• Oregon: 0 to 20 years, up to $375,000.
• Pennsylvania: 0 to 10 years, up to $25,000.
• Rhode Island: 5 to 25 years, up to $20,000 depending on offense. 
• South Carolina: 1 to 25 years, between $10,100 and $25,100.
• South Dakota: 0 to 15 years, up to $30,000.
• Tennessee: 80 to 60 years, up to $50,000 depending on whether it is a vehicular homicide or aggravated vehicular homicide.
• Texas: 2 to 20 years, up to $10,000.
• Utah: 0 to 15 years and up to $10,000 depending on degree of felony
• Vermont: 1 to 15 years and up to $10,000.
• Virginia: 1 to 20 years, up to $2,500.
• Washington: 31 months to 177 months, or life imprisonment depending on circumstances, no more than $50,000.
• West Virginia: 90 days to 10 years, up to $3,000.
• Wisconsin: 0 to 40 years, up to $100,000.
• Wyoming: 0 to 20 years for the felony.

A Guide to Auto Recalls

A Guide to Auto Recalls

The United States National Traffic and Motor Vehicle Safety Act gives the Department of Transportation National Highway Traffic Safety Administration the authority to create vehicle safety standards and to require vehicle manufacturers to recall motor vehicles that do not meet Federal safety standards or have any safety-related defects. Since 1966, over 390 million cars, buses, trucks, recreational vehicles, mopeds, and motorcycles, as well as nearly 66 million pieces of vehicle equipment, 46 million tires, and 42 million child safety seats have also been recalled in order to correct safety defects.
While some manufacturers may voluntarily initiate of these auto recalls, others are often influenced by the National Highway Traffic Safety Administration investigations or ordered by the National Highway Traffic Safety Administration to perform auto recalls through the courts. If a safety defect is found in a vehicle, the manufacturer has to notify the National Highway Traffic Safety Administration, as well as any vehicle owners, dealers, and distributors. The vehicle manufacturer is then required to fix the problem at no charge to the vehicle owner. The National Highway Traffic Safety Administration is responsible for observing the auto manufacturer’s corrective action in order to ensure successful completion of the auto recall campaign.
The Purpose of Auto Recalls
Auto recalls are necessary when:
• A motor vehicle or a part of motor vehicle equipment does not comply with the Federal Motor Vehicle Safety Standard.
• There is some safety-related defect in the motor vehicle or its equipment.
Federal standards on motor vehicle safety create minimum performance requirements for those parts of motor the vehicle that most directly affect its safe operation (such as brakes, lighting, and tires) or that protect the vehicle’s drivers and passengers from serious injury or death in the event of a vehicle crash (such as safety belts, energy absorbing steering columns, air bags, child restraints, motorcycle helmets). These federal standards are also applicable to all motor vehicles and vehicle-related equipment that are manufactured or imported for retail in the United States and its territories and are certified for use on public highways and road.
Auto Recalls and Safety Defects
The U.S. Code for Motor Vehicle Safety (Title 49, Chapter 301) specifically defines motor vehicle safety as the motor vehicle’s performance or the performance of motor vehicle equipment in a way in which it protects the public against any unreasonable risk of vehicle accidents due to the design, construction, or the performance of a motor vehicle, and against any unreasonable risk of injury or death in an accident, and also includes nonoperational safety of the motor vehicle. Defects that can result in motor recalls include those in construction, performance, a component, or the material of a motor vehicle or its equipment. Usually, a safety defect is considered a problem that only exists in a motor vehicle or the motor vehicle equipment if:
• The motor vehicle or the equipment poses some risk to the motor vehicle safety, and
• It can exist in a group of motor vehicles of the same manufacture or design, or items of equipment of the same manufacture or type.
Examples of Safety-Related Defects that Can Result in Auto Recalls
Auto recalls can be the result of many different safety-related defects in automobiles or their parts. Some examples include the following:
• Steering components of the vehicle break suddenly resulting in partial or complete loss of control over the motor vehicle.
• Accelerator controls that stick or break.
• Issues with the fuel system components, mainly in their susceptibility to any crash damage, which results in leakage of fuel and can potential result in motor vehicle fires.
• Wheels that break or crack, which results in a loss of control over the vehicle.
• Windshield wiper assemblies that do not properly operate.
• Engine cooling fan blades that unexpectedly break resulting in injury to people working on a motor vehicle.
• Seats and/or seat backs which fail unexpectedly during regular use.
• Radios and air conditioners that do not operate properly.
• Ordinary use or wear of vehicle equipment that has to be maintained, inspected, or replaced periodically such as batteries, shock absorbers, exhaust systems and brake pads and shoes. 
• Excessive oil consumption.
• Body panel or nonstructural rust. 
• Quality of paint defects or cosmetic blemishes. 
The Start of Auto Recalls
Most decisions to conduct auto recalls and remedies of a safety defect are made by manufacturers voluntarily before any involvement by the US National Highway Traffic Safety Administration. Through their own inspection procedures, tests, and information gathering systems, auto manufacturers often discover that some safety defect exists in the vehicle or its equipment or that the safety standard requirement has not been correctly met. If a safety defect is discovered and auto recalls are necessary, the vehicle manufacturer must file a public report that describes the safety-related defect or the noncompliance with the federal motor vehicle safety standard, the events that resulted in the determination of the auto recall, the involved motor vehicle or motor vehicle equipment population, a description of the auto recall’s remedy, and a schedule for auto recalls. 
After auto recalls, manufacturers are required to attempt to notify owners of the recalled products. For auto recalls of motor vehicles, that means manufacturers must combine their own records of motor vehicle purchasers with the current state motor vehicle registration information. For motor vehicle equipment, where there are no state registration records, manufacturers must notify the distribution chain and all known purchasers of the recalled motor vehicle equipment. If an owner of a vehicle subject to any auto recalls does not receive a notification, the manufacturer is then obligated to provide a free remedy for the vehicle or equipment.

How to Get Discount Auto Insurance

How to Get Discount Auto Insurance

Auto insurance is a form of insurance that is purchased for cars, motorcycles, trucks, or other road vehicles. The primary purpose of auto insurance is to provide a level of financial protection against any physical damage or bodily injury which results from traffic collisions and to protect against any liability that could also come from the accident.  Auto insurance absorbs most of the risk of any financial liability or loss of a vehicle that the owner might face if their motor vehicle is involved in an accident. In the United States, all states require an owner to have some minimum level of insurance, with the exception of Virginia, where any uninsured vehicles must be paid for to the state directory.
A vehicle owner usually pays insurance companies a monthly fee, called an insurance premium. The premium a vehicle owner pays is typically determined by many different factors such as the type of vehicle, the gender and age of covered drivers, the driving history of the drivers, and the area where the vehicle is usually stored and driven. Many insurers offer discount auto insurance, or discounts on the premium based on these factors and more. Other factors that can affect your chances of getting discount auto insurance include the following:
• Safety rating for your specific vehicle
• Safety features that your vehicle may have such as air bags or anti-lock brakes
• Anti-theft features such as cut-off switches or computer chip keyed ignitions
• Age of vehicle 
• Your driving record
• Natural disaster claims for the location
• Estimated annual vehicle mileage 
• Ease of replacement or repair for damaged vehicles
• The national averages for the cost of injury
• Thefts and accidents
Because insurance can be very expensive, it is important to be a smart shopper and take advantage of anything that can result in a more cost effective insurance policy. Many different insurance companies provided discount auto insurance, which is cheaper than their normal policies. However, in order to receive discount auto insurance is by carefully shopping around or qualifying for different discounts.  The best way to receive discount auto insurance is to shop around very carefully for a policy. Many companies offer different insurance premiums depending on the historical losses for a specific geographical area. Other companies offer lower rates in specific geographical areas which they are trying to penetrate while other insurance companies will offer lower insurance rates in areas where they have established good relationships with repair facilities, claim adjusters, and brokers.
There are many different ways to save money on your premium with discount auto insurance, and by knowing even a few techniques can help you save your money drastically. After you understand how discounts can apply to your insurance, you will be in full control of your insurance rates, and you will be assured that you can get excellent and affordable coverage while keeping your deductibles low and your levels of coverage high. You will also be able to create a good relationship with your national car insurance company or local insurance agent who is offering discount auto insurance.
Asking for Discount Auto Insurance
If you want to get discount auto insurance, you should make sure to discuss different discounts with your potential insurer that you may be qualified for. Here are some different discounts that may help you get discount auto insurance.
Safe Driver Discount Auto Insurance
You can get this form of discount auto insurance if you have not been in a car accident within the last three years or if you have not been filed any claims due to an accident. You can also be eligible to receive this discount auto insurance if you have taken a driver’s safety course. 
Defensive Driver Discount Auto Insurance
If you take a defensive driving course, you may qualify for this discount. Although not all insurance companies provide this form of discount auto insurance, it is still very common so you should ask your insurance agent if you can get this discount auto insurance. Getting it can mean a 10% discount on your insurance premium.  
Multi-Vehicle Discount Auto Insurance
This type of discount auto insurance is one of the most common one. You may be qualified to receive this particular discount for this when you insure multiple vehicles under the same policy. Doing so reduces the administrate work necessary for the insurance company and results in you having lower premiums and discount auto insurance.
Method of Payment Discount Auto Insurance
Many different insurance companies can provide you with discount auto insurance if you decide to set up an automatic monthly payment for your insurance premium. In order to qualify, you usually have to pay your insurance premium through some sort of automatic debit payment which takes money from a checking account. It is a good idea to see if your specific insurer has these discounts available and what the specific terms are. However, this is not a good decision for individuals who do not consistently have money in an account. You should be confident that you will always have enough money to pay your premium before signing up for this service
Anti-theft Device Discount Auto Insurance
Discount auto insurance is usually available for drivers who install alarms or theft prevention equipment in their vehicles. Some vehicles which have tracking devices or devices that turn off the vehicle off a certain amount of miles if it was hotwired qualify for discount auto insurance. These discounts are usually specific to the insurance company, so you make sure to find out from your insurance agent if they have any of these discounts and if you qualify for them.
Safety Equipment Discount Auto Insurance
If you buy a Car with some sort of security or safety equipment included, you may be able to receive this sort of discount auto insurance. You may also qualify if you installing certain items after purchasing your vehicle as well. Eligibility depends on the terms of the insurance company what the equipment is, but it is still a good idea to see if you qualify for this discount auto insurance by asking your insurance agent. 
Preferred Parking Discount Auto Insurance
While this discount auto insurance is uncommon, some insurance providers do offer it. These insurers give a discount based on where you have to park your car on a regular basis. Insurance companies do this because if a client has private parking, it reduces the chances of someone else causing damage to your vehicle in comparison to a communal lot or a public street. 
Academic Discount Auto Insurance
This is sometimes called the good student discount or just the student discount. This form of discount auto insurance is not always offered by all insurance companies, and when it is, the terms can vary drastically. Generally, you can qualify for this form of discount auto insurance and receive discounts of 10% or more. Typically this discount auto insurance is only given to current full time students. For some companies, a student’s GPA must be above a 3.0 or it must in the upper 20%. Other companies may base the discount on the student qualifying for some honor, such as the dean’s list. There is often an age limit to qualifying for this discount, and usually only high school and undergraduates are qualified.
Low Annual Mileage Discount Auto Insurance
If the amount you usually drive in a year is significantly lower than other drivers, you might be able to receive discount auto insurance because of it. The idea of this discount auto insurance is that because you drive less, there is less of a chance to be involved in a car accident. While not every insurance company provides these discounts, the ones that do may give you anywhere between a 10 to 15% discount. If you have changed jobs and your commute has become shorter, or you just generally do not use your vehicle often, it is best to call your insurance agent and ask if your low average annual mileage makes you eligible for any discounts. 
Military Discount Auto Insurance
Individuals who have served in the military or are currently enlisted may be entitled for military discounts and discount auto insurance. Some insurance companies will give discount auto insurance for both military personnel as well as their immediate families. The eligibility for this discount auto insurance can vary between companies. Usually, current members of the United States military are eligible.
Organization Membership Discount Auto Insurance
Certain clubs or organization set out deals with certain insurance companies to provide discount auto insurance for their members. Some insurance discounts may be applied to your auto insurance or even other insurance policies you may have on your home, or your life. While not every organization will have these agreements with insurance companies, it is good to see if any organizations or clubs you are involved in have them. 
Retiree Discount Auto Insurance
Depending on your geographic area and the normal retirement age, you will usually retire either at the age of 55 or 65 years old. Some insurance companies give discounts to retired drivers. Since retired drivers often spend less time driving because of a lack of commute, insurance companies consider them less likely to be involved in an accident. A retiree discount auto insurance can lower insurance premiums significantly, which can be very helpful for a person who is no longer working and receiving a large, steady income.
Other Tips for Discount Auto Insurance
If you already have some sort of insurance policy, for example life insurance or homeowner’s insurance, you might be able to save more by grouping these policies together through consolidation. You can ask the same insurance company for discount auto insurance on a second policy for your motor vehicle. By doing this, you can be offered a 10-15% discount for using the same insurance company. Some insurance companies also take a look at your credit rating when considering extending discount auto insurance, so a poor credit rating can greatly affect your chances of getting discount auto insurance. 
The insurance companies provide quotes based on your credit score, just as they would also check your driving record. You should check your credit rating to make sure that no unfavorable errors exist, and if they do you can correct them. Your safe driving record is the biggest contributor to qualifying for discount auto insurance by far. If you have not had any previous moving violations or auto accidents in the past three years, your insurance premiums will decrease up to 40% through safe driving discounts.
You may also try to get discount auto insurance is by dropping or lowering the specific coverage of your current auto insurance if you believe that some of them are unnecessary. However, you should make sure that you are still adequately protected. Being under-insured in certain areas of coverage can result in your having to pay even more if you are involved in an automobile accident.
It is only a good idea to reduce the coverage of your insurance policy if the benefits of having discount auto insurance outweigh the potential of expensive damage. This occurs usually if the motor vehicle is worth not worth more than 10 times the amount that you pay for your insurance coverage under your policy. If that is the case, it may be worthwhile to lower your coverage by specifically dropping your comprehensive coverage and your collision coverage. These two parts of your insurance coverage can be half of the total premium you pay, but they only cover the value of the vehicles. In the case that you have to file an insurance claim and the maximum payment would not exceed your premium by much, while not including the deductible, having comprehensive and collision coverage is not as important for the vehicle. 
Ultimately, if you want to get discount auto insurance, make sure to be a smart shopper. Do research on different available plans, and be objective about what forms of insurance you need. Consider what providers are in the area and what sort of reviews they get by consumers. You should also be careful of choosing a discount auto insurance provider who is slow with filing claims. Be prepared to compare different policies and see what discounts are available to get the best discount auto insurance.

Alabama License Plates

Alabama License Plates

In order to get Alabama license plates for your vehicle, you have to go through the Alabama Motor Vehicle Division. This is the department that is responsible for issuing titles for vehicles in Alabama and maintaining vehicle registration information.
Personalized Alabama License Plates
You can search and reserve personalized Alabama license plates online at the Alabama Motor Vehicle Division of the Department of Revenue for a small reservation fee of $2.
If the license plate number you want is available, the Department of Revenue must approve it. After requesting a specific message, you will have five days to visit your local DMV, place your order for the specific license plate, and pay the necessary fees. Afterwards, you will receive a temporary tag along with the proper month and year decals to be put on the new tag once it arrives in the mail within 4 to 6 weeks. For a personalized Alabama license plate, you will have to pay the standard registration fees ($23 for private passenger cars) depending on your type of vehicle, plus the additional annual fee for motorcycles or passenger cars for any personalization. Together, the registration fees can range from $23 to $890 depending on what type of vehicle is being registered. There is also a $50 fee for personalized Alabama License Plates.
If you also with to get a specialty Alabama license plates, there are many different ones available, such as those for different organizations, professions, or causes.
You can find more information about Alabama License plates here.

Alaska License Plates

Alaska License Plates

The Alaska Division of Motor Vehicles requires all motor vehicles to have two license plates, with the current month and year tabs on the back plate. Motorcycles and trailers require only one license plate, and it must have the current month and year tabs.
The Division of Motor Vehicles will issue a set of Alaska license plates for your new vehicle that has a unique set of letters and numbers. Since nearly all new vehicles are bought through a dealership, the dealer will usually handle the paperwork necessary in order to have Alaska license plates issued.
Personalized Alaska License Plates
The state of Alaska provides many different styles of Special Issue License Plates that can be personalized. These specialty plates include but are not limited to:
• Amateur radio plates
• Church exempt plates
• Disability plates
• Commemorative veteran plates
• Firefighter plates
• Military plates
• Iditarod finisher plates
• Veteran plates
• Vanity Plates
Vanity Alaska License Plates
If you are looking to obtain vanity plates in Alaska, you can do this through the Alaska Department of Administration Division of Motor Vehicles. Their online DMV website provides a service to create personalized Alaska license plates that can have different designs and license plates numbers. When personalizing an Alaska license plate, the plate can contain the letters from A through Z, numbers 0 through 9 and spaces. However, it cannot contain the following:
• Ham radio call signals
• Ethnic, vulgar, racial, or indecent implications
• Duplicates of currently active personalized plates
• Special symbols like %, &, -, etc. 

California Lemon Law

California Lemon Law

What is the California Lemon Law?
The California lemon law states that a purchaser or lessee of a vehicle has certain rights under both federal and state law if the motor vehicle does not perform as stated under an express warranty. The laws regarding express warranties can be complicated, and it is nearly impossible to describe it briefly. California lemon law is within the Song-Beverly Consumer Warranty Act, which discusses the laws regarding warranties in California.
California Lemon Law Coverage for New Vehicles: Overview of Rights
The Song-Beverly Consumer Warranty Act, which begins with Civil Code section 1790, provides consumers with protection when they buy or lease new motor vehicles. The law, which is more casually called the California lemon law, requires that if a manufacturer or the representative in the state of California, for example an authorized dealer, is not able to repair or service a new motor vehicle in order to meet the explicit terms of an express written warranty after a sensible amount of repair attempts, the manufacturer is then required to promptly replace the motor vehicle or return the purchase price of the vehicle to the buyer lessee.
The purchase price that must has to be returned includes the amount paid for manufacturer-installed items and its transportation but the price does not include the amount paid for non-manufacturer items that were installed by the dealer. The buyer or lessee is completely free to decide whether to accept the refund or the replacement. Regardless of this choice, the manufacturer is equally responsible to pay for use or sales tax, licensing, vehicle registration, and any other official fees as well as incidental damages that the buyer or lessee may have incurred as a result of the finance charges, towing, repair, and rental car costs.
The buyer or lessee can be charged for the use of the motor vehicle regardless of whether the motor vehicle is replaced or the vehicle’s purchase price is refunded. The amount that can be charged for the vehicle’s use is calculated by taking the actual price of the new vehicle and multiplying it by a fraction having as its denominator 120,000 and its numerator the amount of miles traveled by the motor vehicle before it was first purchased in for correction of the issue. For example, if the car had traveled 12,000 miles before it was brought in for the first time for correction of the problem, the buyer or lessee could be charged 10% (12,000/120,000 = 10%) of the actual purchase price for usage.
The California lemon law applies for the full period of your vehicle warranty. For example, if your motor vehicle is covered under a 3-year warranty and you find a defect after 2 years, the manufacturer is responsible for replacing the vehicle or reimbursing you if the manufacturer or a representative is not able to satisfy the vehicle’s condition to the express warranty even after a reasonable amount of attempts to do so.
The California lemon law is not applicable if the vehicle’s problem was the result of abuse after the motor vehicle was delivered. You must follow the terms of the vehicle’s warranty for maintenance and proper use of the motor vehicle in order to be covered under the California lemon law.
Although there is a 4-year statute of limitations under the California lemon law to bring a lawsuit for the manufacturer’s breach of warranty or for any violations of the Song-Beverly Consumer Warranty Act, you should act quickly to try to resolve the vehicle’s problem fairly and without legal action if it is possible.
California Lemon Law Coverage for New Vehicles: Reasonable Amount of Repairs
What is thought to be a reasonable number of repair attempts for your vehicle under the California lemon law will depend on the situation and the seriousness of the vehicle’s defect. For example, two attempts to repair may be thought of as reasonable for certain serious safety defects like brake.
 The California lemon law helps determine what exactly is a reasonable amount of repair attempts for a problem that significantly impair the value, use, or safety of the motor vehicle. The California lemon law applies to these issues if they come up during the first 18 months after the buyer or lessee receives delivery of the motor vehicle or in the first 18,000 miles on the vehicle’s odometer, whichever one happens first. During this period, California lemon law presumes that a manufacturer has had an adequate number of tries to repair the motor vehicle if one of the following occurs:
• The same issue results in a vehicle condition that is likely to result in death or some serious bodily injury if the motor vehicle is driven and the vehicle problem has been subject to two or more repair attempts by the manufacturer or its representatives, and the buyer or lessee has directly notified the motor vehicle’s manufacturer at least once of the necessity for the repair as provided in the owner’s manual or warranty.
•  The same issue has been subject to repair 4 or more times by either the manufacturer or its representatives and the vehicle’s buyer has directly notified the manufacturer at least once of the need to repair the problem as stated in the vehicle’s owner’s manual or warranty.
• The motor vehicle is out of service due to the repair of any amount of problems by the manufacturer or its representatives for a total (cumulative) of more than thirty days since the delivery of the motor vehicle.
The California lemon law assumption is more of a guide rather than an absolute rule, so it is possible for a judge or arbitrator to assume that the manufacturer or its agents has had a reasonable number of attempts to repair the motor vehicle if all of the right conditions are met. However, the manufacturer has the right to attempt to prove that it should be provided with additional attempts to repair the problem, and the vehicle consumer has the right to prove that less repair attempts are reasonable under the specific circumstances.
It is important that you make sure check your owner’s manual and warranty for further instructions in order to be covered under the California lemon law. You might be required to notify the manufacturer directly of your motor vehicle’s problem or problems. It is a very good idea to also send your written notice regarding the issue to the motor vehicle’s manufacturer at the address shown in the owner’s manual or warranty by certified mail and request a return receipt so that you have written proof that your letter was received by the manufacturer. You should also keep a copy of all correspondence with the manufacturer in case you need it later for legal proceedings.
If the motor vehicle’s manufacturer has a state-certified arbitration program, you as the consumer must submit the dispute of the warranty to the state-certified arbitration program before you can take advantage of the presumption in the court system. Arbitration is an alternative to taking your case through court proceedings. The consumer can assert the presumption during the arbitration process. If your manufacturer has a state-certified arbitration program, he or she will discuss in further detail in the owner’s manual of the vehicle or the warranty of the vehicle.
However, not every vehicle manufacturer maintains a state-certified program to handle arbitration. If you wish to find out whether your particular vehicle’s manufacturer has one that can be utilized instead of dealing with court proceedings, you can check with the California Department of Consumer Affairs’ Arbitration Certification Program. You can get more information either by calling (800) 952-5210 or by visiting their website at www.dca.ca.gov/acp. Not only will they provide you with information regarding state-certified arbitration programs, but you can also get more information by asking them for the department’s free pamphlet which explains more about the arbitration process called “Lemon Aid for Consumers.”
The following are the state-certified arbitration programs that you can use for the specific make of your vehicle instead of pursuing your California lemon law rights in the California court system:
• Better Business Bureau Auto Line: (800) 955-5100
o AM General, Aston Martin, Audi/Volkswagen, Bentley, BMW (Mini Cooper), Ferrari, Ford (Lincoln, Mercury, and RV Chassis), General Motors (Buick, Cadillac, Chevrolet, Geo, GMC, H2, Pontiac, Saab, Saturn), Honda (Acura), Hyundai, Infiniti/Nissan, Isuzu, Kia, Lamborghini, Land Rover, Lotus Cars, Maserati, Mazda.
• California Dispute Settlement Program: (888) 300-6237
o Toyota (Scion)
• Consumer Arbitration Program – Motor Vehicles: (800) 279-5343
o Porsche and Workhorse Custom Chassis
• Consumer Arbitration Program – Recreational Vehicles: (800) 279-5343
o Airstream Incorporated, Thor Motor Coach Incorporated, and Winnebago (this includes all models with the exception of those placed on a GM or Ford chassis and towables).
If there is no state-certified arbitration program for your motor vehicle, you can pursue your California lemon law rights through the court. Alternatively, you may try pursue mediation for your California lemon law rights through the New Motor Vehicle Board. If you wish to this, you can visit their website at www.nmvb.ca.gov or call them at (916) 445-1888.
California Lemon Law Coverage for New Vehicles: Coverage
The California lemon law applies to all new motor vehicles that are bought or used mainly for personal, household, or family purposes. The California lemon law also applies to all new motor vehicles that have a gross vehicle weight that does not exceed 10,000 pounds that is used or bought mainly for business purposes by an individual, including a limited liability company, association, corporation, partnership, or some other legal entity, to which there are no more than five vehicles registered to in the state of California.
California Lemon Law Coverage for New Vehicles: Definition of a New Vehicle
The California lemon law looks at new motor vehicles. Under the California lemon law, the term new motor vehicle not only includes new motor vehicles but demonstrators as well. This includes the propulsion system, chassis, and chassis cab of a new motor home. The California lemon law also covers other motor vehicles that are sold with the manufacturer’s new car warranty. For example, a one-year old used car that is sold with the remaining two year portion of the manufacturer’s three-year new car warranty is thought of as a new motor vehicle under the California lemon law. The phrase “new motor vehicle,” however, does not cover motorcycles or vehicles that are used exclusively off-road.
California Lemon Law Coverage for Vehicles That Are Not Considered New
Although the normal provisions of the California lemon law that are discussed above are applicable to new motor vehicles, the Song-Beverly Consumer Warranty Act has many overall rules and regulations that are applicable to vehicles and any consumer product that are sold with an express written warranty. As a result, despite the California lemon law not explicitly covering certain other vehicles, there is still important coverage for the living quarters of a mobile home, motorcycles, any used vehicles that are sold with an express written warranty from a dealer, any lemon vehicles which are repurchased by a manufacturer and resold to consumers with an express written warranty that covers the defect, and all motor vehicles that are sold with a service contract.
While a full description of consumer warranty rights is beyond the scope of the California lemon law, you should be very aware that the coverage under the California lemon law of used cars is not completely identical to the coverage for new motor vehicles under the California lemon law. For example, a warrantor who is not able to adapt a motor vehicle or a consumer product to the express warranty of the product within a reasonable amount of attempts is then required to replace the product or good, or refund the consumer purchase price or less than an amount based to the consumer’s use of the product. Unlike the special regulation son new motor vehicles, there are no set regulations for calculating the charge for the consumer’s use of a product before the discovery of the product defect, and the California lemon law presumption does not apply to used vehicles.

Arizona License Plates

Arizona License Plates

After registering your vehicle with the Arizona Department of Transportation, you will receive your Arizona license plates. For a standard Arizona license plate, there are no special requirements or fees required. Usually, you will only be issued one regular Arizona license plate. However, if you choose a personalized plate, you will receive two.
Personalizing your Arizona License Plate
Depending on the type of Arizona license plate, you may be able to personalize it with a number and letter combination of your choice. Many special Arizona plates are also available online. Some are available at a MVD or an authorized Third Party office. Other ones must be ordered specially, through an office or by mail. In order to personalize your Arizona license plate through the mail or at an office, you will have to fill out Form #96-0143, which is the Special Plate Application. The maximum amount of characters that are allowed varies depending on the plate type. Any personalization must be approved by the Arizona Department of Transportation. 
Fees for Personalized Arizona License Plates
 The cost for Arizona license plate personalization is a $25 initial application fee along with a $25 annual renewal fee, in addition to any other regular registration fees and other special plate fees. Each year a special plate renewal fee must be paid at the same time as the registration of the vehicle. The first payment is your vehicle registration is renewed, even if that period of time has been less than twelve months since the initial purchase of the plates. 

What is Reckless Driving?

What is Reckless Driving?

Reckless driving is a serious moving violation that is often treated as a misdemeanor. Individuals who face conviction for reckless driving may receive a penalty which can include fines, time in jail, deportation depending on their citizenship status, revocation of parole, and the suspension or revocation of the driver’s license. In some jurisdictions, the penalties for reckless driving can vary depending on the circumstances and the specific details of the offense. The law may also have several categories of reckless driving set up.
In order for a person’s driving to be considered reckless driving, the activity on the road has to show an exhibited disregard for the safety of people, property, and animals. A person who is engaging in reckless driving can have a willful disregard for safety, or can simply have a wanton attitude towards the rules of operating a motor vehicle on the roads. In either situation, in order for someone accused of reckless driving to be successfully convicted, the court must demonstrate the complete disregard for safety in the form of testimony from other witnesses regarding the defendant’s driving. For example, police officers may testify about seeing a person engage in many reckless acts while driving.
Examples of Reckless Driving
Different acts of reckless driving can result from ignoring basic safety laws, like ignoring laws that forbid drivers to pass oncoming traffic, ignoring laws that prohibit the crossing of train tracks while there is an oncoming train, or disregarding laws that regulate driving speeds. Drivers who exceed the local speed limits by a significantly large amount can also be considered reckless drivers since by disregarding the speed limit, they are putting other drivers in imminent danger. Likewise, any driving activities such as driving repeatedly through red lights, swerving, or operating a vehicle with the intent to elude a law enforcement official are grounds for being charged with reckless driving.
The main concern with reckless driving is that reckless driving poses a risk to both driver and to individuals in the surrounding area. Other people can be harmed if the reckless driving results in an accident, including children, pedestrians, other drivers, and pets. Additionally, drivers may cause property damage when committing reckless driving by driving into buildings. 
Defenses for Reckless Driving
There are different defenses which those charged with reckless driving can use. One defense is if the defendant is able to demonstrate that an emergency situation required excessive driving speeds. If you are considering to charges of reckless driving instead of pleading guilty to them, you may wish to consider seeking the advice of an experienced attorney who specializes in traffic law and reckless driving cases to see if there are other possible defenses or approaches to your case which could significantly improve the outcome of the case.

Arkansas License Plates

Arkansas License Plates

Arkansas License Plates: A Comprehensive Guide

Arkansas license plates are an essential item for every vehicle owner in the state. Not only do they provide a unique identity to your car, but they also serve as proof of registration and help law enforcement agencies keep track of all registered vehicles. In this article, we will take a closer look at Arkansas license plates and related information, including types of plates, how to apply for personalized plates, and more.

Types of Arkansas License Plates

Arkansas license plates come in various types, including standard plates, personalized plates, and specialty plates. Let’s take a closer look at each of these types in detail.

Standard Plates

Standard plates are the most common type of license plates, and they come in two types: regular and motorcycle plates. The regular plates are white with a dark blue background and have the word “Arkansas” and the state’s silhouette printed on them in blue. The motorcycle plates, on the other hand, are smaller in size and have a white background with a dark blue trim. They also have the same design as the regular plates.

To obtain standard plates in Arkansas, you must register your vehicle with the Arkansas Department of Finance and Administration’s Office of Motor Vehicle (OMV). The cost of the plates varies on the type of vehicle, its weight, and other factors. The OMV will issue your license plates once you’ve completed the registration process.

Personalized Plates

Personalized plates in Arkansas allow you to customize your license plate numbers and letters. You can choose any combination of up to eight letters and numbers for your personalized plate. However, according to the Arkansas DMV, certain combinations are prohibited, including any combination that is offensive, derogatory, or sexually suggestive.

To apply for personalized plates, you must fill out an application form and submit it to the Arkansas DMV along with the appropriate fee. There is an additional fee for personalized plates, and it depends on the length of your registration and the type of plate you choose.

Specialty Plates

Specialty plates in Arkansas are designed to promote various causes and organizations. These plates come in a wide range of designs, including college plates, military plates, and special interest plates. Some of the most popular specialty plates in Arkansas include:

– University of Arkansas Razorback plates
– Arkansas State University plates
– U.S. Armed Forces plates
– Breast Cancer Support plates
– Trout Plates
– Arkansas Children’s Hospital plates

To obtain a specialty plate in Arkansas, you must first fill out an application form and demonstrate that you meet the eligibility requirements for the particular plate you are seeking. Additionally, there is an additional fee for specialty plates, and it varies depending on the plate type.

Renewing Your Arkansas License Plate

In Arkansas, license plates must be renewed every year. The renewal process is simple and can be completed online or through the mail. To renew your license plate, you must provide the following information:

– Your license plate number
– Your driver’s license number
– The date of your last registration
– The current mileage on your vehicle

Once you have provided this information, you will be able to renew your license plate either electronically or through the mail. In most cases, the new license plate will be mailed to you within 7 to 10 business days.

Replacing Your Arkansas License Plate

If you need to replace your Arkansas license plate due to damage, theft, or any other reason, you can do so by contacting the OMV. To replace your license plate, you will need to provide the following information:

– Your license plate number
– Your driver’s license number
– The date of your last registration
– The reason for the replacement

Once you have provided this information, the OMV will process your request and send the new license plate to you.

Transferring Your Arkansas License Plate

If you sell your vehicle or purchase a new one, you may be able to transfer your Arkansas license plate to the new owner or vehicle. To do so, you will need to contact the OMV and provide the following information:

– Your license plate number
– Your driver’s license number
– The date of your last registration
– The new owner or vehicle information

Once you have provided this information, the OMV will process your request and transfer the license plate to the new owner or vehicle.

Conclusion

Arkansas license plates are an important part of vehicle registration and help law enforcement agencies keep track of all registered vehicles. In this article, we covered the different types of Arkansas license plates, including standard plates, personalized plates, and specialty plates. Additionally, we discussed how to renew, replace, and transfer your Arkansas license plate. If you have any additional questions or concerns about Arkansas license plates, visit the Arkansas Department of Finance and Administration’s website or contact your local DMV office.


Registering your vehicle in Arkansas is done through the Office of Motor Vehicles Department of the Arkansas Department of Finance and Administration. After completing the registration process for your vehicle, you will be issued Arkansas license plates.

Specialty Arkansas License Plates

There are over 60 different specialty Arkansas license plates. Depending on the specific style, there are different eligibility requirements for each one. Some of the different plates available include the following:

• Amateur Radio License Plate

• Ambulance License Plate

• Antique Vehicle License Plate

• Arkansas State University License Plate

• Arkansas Tech University License Plate

• Armed Forces Reserve License Plate

• Church Bus License Plate

• Cold War Veteran License Plate

• Ducks Unlimited License Plate

• Fire Fighter License Plate

• Handicapped License Plate

• In God We Trust License Plate

• Organ Donor Awareness License Plate

• Professional Fire Fighter License Plate

• Support Our Troops License Plate

• University of Arkansas License Plate

In order to get a specialty Arkansas License plate, you can request one through the Special License Plate office of Arkansas. This office also takes care of replacements and transfers of personalized Arkansas license plates. Alternatively, you can call the toll free number 1 -800-941-2580, mail the Department of Finance and Administration, or use Arkansas’ online STAR system to renew an Arkansas license plate.

Depending on the type of specialized Arkansas license plate, you will have to pay the standard registration fee as well as other additional plate fees and personalization fees. These fees will vary depending on the specialized plate chosen. Some styles will also require special forms to be filled out as well.

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