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A CDL violations attorney understands the intricate laws and regulations surrounding commercial driving, offering invaluable guidance and representation. Don't let a CDL violation jeopardize your career. Visit us at www.atlantatrafficandcriminallaw.com or call us on and trust in an experienced attorney to protect your rights and secure your future on the road.
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Challenging a Ticket Citation
Having a traffic citation does not always mean you have to pay for it. Having what you assume to be a “good case” does not always mean you should fight it. When you receive a traffic citation, it is best to review every option available to you before spending your money or racking up more charges. Some traffic citations cannot be challenged at all, while several can. You must make yourself aware of which of the two tickets you have so that you know what your next step should be. Some people are not repeat offenders, one ticket is enough for them to avoid being cited ever again and if this is the case, maybe the ticket should just be paid. However, if this is not the case, you should weigh out your options. There is the option of traffic school and this assists in keeping points off of your license and keeping your record clear. If paying for the ticket and attending traffic school are not options you are willing to accept, you will need to build your defense for the courtroom and understand that it can go either way for you. Interestingly enough, the officer that wrote up the ticket for you, may not understand the law in its entirety, and there may be a loophole available. You must understand that law enforcement officers enforce the law, they do not study the law like lawyers. So there may be a ticket written up that was not fully understood, and this can be the basis of your strategy in court. To do so, you must understand what part of the charge you actually disregarded. If you dissect the law that you are accused of breaking, you may find where there are technicalities that excuse you and may get you off of the hook entirely. If there is at least one crack in the law that you broke that cannot be proven you may have saved yourself out of a traffic ticket. There may also be instances where the code of law that you violated cannot be challenged but the officer that wrote up the ticket may be. Law enforcement officers are human also and they are open to make mistakes such as stopping the wrong car, writing up a ticket for a speed you did not actually drive, did the offense they claim occurred even occur? If you or someone you know has received a traffic citation and would like to avoid paying the ticket and traffic school, speak with a skilled traffic or criminal defense attorney in Decatur, GA that would be able to assist you in your defense in the courtroom.
Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and challenging a ticket citation.
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[John K. Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
A police schism, a profanity-laced raid, and Mustangs over Berlin.
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.
"Until now, the excessive-fines clause in the Constitution's Eighth Amendment had languished in obscurity, the Rodney Dangerfield of constitutional rights," IJ's President Scott Bullock and Legislative Analyst Nick Sibilla wrote this week in The Atlantic. But after the U.S. Supreme Court issued its landmark decision in Timbs v. Indiana, the clause can finally get some respect. A resuscitated excessive-fines clause, they assert, could rein in civil forfeiture, municipal fines, and other forms of policing for profit. Read the whole thing here.
Black man convicted of Shreveport, La. murder by all-white jury spends nearly 30 years on death row, in solitary confinement before he's exonerated. Allegation: Law enforcement fabricated evidence, withheld exculpatory evidence, among other misdeeds. (The lead prosecutor has since apologized.) The defendants answer the complaint but later move to dismiss it. District court: It's too late to try to dismiss. Fifth Circuit: And it's too early to appeal that ruling. Go deal with the merits of the case.
Woman says she was raped by a Shreveport, La. police officer after he asked her to come in to the station. So can she sue the police chief? Fifth Circuit: Not when she didn't give details on how the chief was involved. The only evidence against him was speculation based on a third officer's refusal to testify.
Motorcyclist twice evades police, flies down US-183 outside Cisco, Tex. at over 100 mph. An officer driving an SUV ahead of the motorcyclist slows down—from 100 mph to 50 mph in seven seconds—to block the way. The cyclist slams into the SUV and dies. Fifth Circuit: And his claim slams into qualified immunity.
Karnes County, Tex. man goes to rival's granddaughter's elementary school during pickup, pantomimes shooting the rival. He's arrested for harassment. But wait! Maybe it never happened. He says he wasn't at the school that day: The sheriff's department trumped it up for political revenge. So can he sue the head honchos at the sheriff's office? Fifth Circuit: Not when he didn't give details on how management was involved.
Ohio distributes gov't money to nonprofits to address public health issues, but the money cannot go to any organization that provides or promotes "nontherapeutic abortions." (The money has long been prohibited from directly funding abortions.) Sixth Circuit (last year): Which is not OK, as it requires the surrender of constitutional rights to participate in an unrelated gov't program. Sixth Circuit (en banc): Nay nay. There is no freestanding right to perform an abortion, only the right of a woman to obtain one. Because this law affects only the former, no one is forced to sacrifice constitutional rights to obtain funding, and the law stands.
Taylor, Mich. officer pulls over driver, decides to go easy on her and tickets her for a non-moving violation. The driver, proving that no good deed goes unpunished, gives officer the finger as she drives away. The officer, proving that no insult to a police officer goes unpunished, pulls driver over again, upgrades ticket to a moving violation. Sixth Circuit: No qualified immunity for the officer; the second stop violated clearly established rights under the First and Fourth Amendments.
"Hermann Göring, head of the Luftwaffe in World War II, remarked: 'When I saw those Mustangs over Berlin, I knew that the war was lost.'" So begins the Seventh Circuit in its lesson on why, if you suspect someone has stolen your P-51 Mustang fighter, you should sue promptly rather than wait 30 years.
Indiana law makes it a felony to acquire, receive, sell, or transfer the "tissue, organs, or any other part of an aborted fetus," which Hoosier professors challenge as interfering with their medical scholarship. District court: The words "acquire," "receive," and "transfer" are unconstitutionally vague, as is the phrase "any other part." Seventh Circuit: Which would make much of the legal system invalid, as those words are ubiquitous. The law stands. Judge Hamilton, dissenting: When both the gov't lawyers and the authoring legislators run away from the apparent meaning of statutory language, there's a vagueness problem (which presents both due process and separation of powers issues).
Thanks to a quirky interaction among the bankruptcy code, the N.D. Illinois' bankruptcy practice, and Chicago parking ordinances, Chapter 13 debtors rack up thousands in parking fines with no way for the city to collect. Seventh Circuit: "Immunity from traffic laws for the duration of a Chapter 13 plan does not seem to us an outcome plausibly attributed to the Bankruptcy Code."
Illinois requires homeless sex offenders to report to law enforcement weekly, but those with fixed residences need report only quarterly. Tired of weekly updates from homeless people, some Chicago cops instruct them to list shelters as their fixed residences—knowing full well that the registrants don't reliably live there. But a schism lurks! Other police officers dislike that approach and arrest homeless people who list fictitious residences. Caught in the bureaucratic crossfire, one such offender finds himself arrested and jailed for 17 months before being acquitted. And his due process claim is not barred by the statute of limitations, says the Seventh Circuit, so it can proceed.
Decatur County, Iowa sheriff allegedly sexually harasses staff, resigns. The new acting sheriff fires the former sheriff's wife, who had worked in the department. Can she sue the acting sheriff for violating her First Amendment right to intimate association? The Eighth Circuit says no; he wasn't trying to poison her marriage; he was trying to prevent a hostile work environment.
Santa Monica, Calif. passes law allowing "home-sharing" (rentals where residents remain on site with guests) but forbidding the sort of short-term rentals pioneered by Airbnb and HomeAway.com. Airbnb and Homeaway.com: The city is requiring us to monitor and remove third-party content from our platforms, hence violating the Communications Decency Act and the First Amendment. District court: Dismissed. Ninth Circuit: Just so. The city is merely restricting the companies' internal booking transactions, which falls outside the CDA. No dice on the First Amendment claim for similar reasons.
Uniformed Kansas City, Kan. police officers in two separate squad cars activate their roof lights; one officer gestures to man in a parked car to exit his vehicle. Would an ordinary person feel free to leave in those circumstances? The Tenth Circuit says no, so the man was seized and the Fourth Amendment applies.
Allegation: After a driver is pulled over for speeding and refuses a search of his vehicle, Miami police arrest driver and leave him in intentionally painful handcuffs for more than five hours, leading to permanent nerve damage and loss of sensation. Eleventh Circuit: We've granted qualified immunity in other handcuff-injury cases, but none of those involved injuries this serious to a compliant arrestee. The officer should have known better, so no immunity for him.
DeKalb County, Ga. deploys 36 officials—some wearing army fatigues and masks—to launch an unannounced, profanity-laced raid on . . . a strip club. At 5 p.m. For the sole purpose of checking the dancers' permits. Which was pretty over the top, says the club—not least because the club's colitis-ridden owner was handcuffed and forced to soil himself. Definitely over the top, agrees a jury: The county violated the Fourth Amendment and must pay over $10k. And we will not disturb that verdict, says the Eleventh Circuit. "Administrative inspections" of strips clubs are constitutional as a general matter, but the jury reasonably found that this particular sh*tshow (paraphrased) was unreasonable in scope and execution.
This week, the Minnesota Supreme Court ruled that property owners who assert their innocence are entitled to a prompt hearing after their property is seized. Police seized Helen Olson's car after a traffic stop, and prosecutors kept it for 18 months without giving Helen (who wasn't in the car when it was taken) an opportunity to seek judicial review of the seizure. Not good enough! Said the court: "Due process is not satisfied by a rule that allows a person's property right to turn on the whim of a prosecutor." IJ filed an amicus brief urging the court to take this course of action. Says IJ attorney Jaimie Cavanaugh: "This decision is a victory for the rights of Minnesotans who have done nothing wrong but still see law enforcement seize and hold their cars, cash or other property for months or years. It only makes sense that innocent owners should be granted a hearing within days of law enforcement seizing their property. Because of this result, there will now be additional scrutiny on law enforcement practices that amount to policing for profit."
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Traffic Ticket Attorney Roswell, GA Caught in a traffic violation? Don't let it affect your driving record and insurance rates. James E. Kee & Associates is here to assist you.
Visit us today → www.atlantatrafficandcriminallaw.com or Call us now → (404) 870-6719 for a free consultation and let us fight for your rights on the road.
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Traffic Ticket Attorney Atlanta, GA
Have you received a traffic ticket in Atlanta, GA? Don't let it ruin your day or impact your driving record.
James E Kee & Associates is here to help. We specialize in handling a wide range of traffic violations, from speeding tickets to reckless driving charges.
Visit us today → www.atlantatrafficandcriminallaw.com or Call us now → (404) 870-6719 for a free consultation and let us fight for your rights on the road.
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Traffic Ticket Lawyer Decatur, GA
At James E. Kee & Associates, we have knowledge and experience that help you understand the intricate workings of the legal system and the potential consequences of your offense.
Call 404-870-6719 today or visit https://AtlantaTrafficAndCriminalLaw.com!
Find James E. Kee Law & Associates on:
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Traffic Ticket Attorney Decatur GA
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At James E. Kee & Associates, we help protect your rights and your best interest.
We have knowledge and experience that help you understand the intricate workings of the legal system and the potential consequences of your offense.
We advocate on your side to make you feel more at ease during what can be a challenging and confusing process.
Call 404-870-6719 today or visit https://AtlantaTrafficAndCriminalLaw.com!
Find James E. Kee Law & Associates on:
> Google
>> Yelp Page
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CDL Violations Attorney Decatur, GA
CDL Violations Attorney Decatur, GA - 30030
A traffic ticket issued to Commercial Driver’s License (CDL) holders can result in the suspension of your Georgia Commercial Driver’s License. If you drive for a living, losing your CDL can mean losing your job and source of income. Even after you get your suspended Commercial Driver’s License back, there is a high likelihood that you may not be rehired by your employer or any other employer.
If you hold a CDL, the points of each traffic violation is 1.5 times more than the points of the same violation for non-commercial drivers. Also, commercial drivers cannot attend traffic school to eliminate these points. Therefore, depending on your record, one or two tickets can result in your Commercial Driver’s License being suspended.
Speeding in excess of 15 miles per-hour over the posted speed limit (in your Commercial Vehicle) is often cited as a Criminal Misdemeanor case with a possible 90-day loss of license and two points on your driving record. If you get one of these citations, it is important that you consult a Traffic Ticket Attorney to know your options.
Our attorneys can help you to fight traffic violations and possibly get them dismissed or get the fine and/or points associated with the ticket reduced. Call or contact us today for your free consultation.
Phone Number: 404-870-6719
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Criminal Lawyer Decatur, GA
Criminal Lawyer Decatur, GA - 30030
Not at all like computer games, life may not allow you a subsequent opportunity. Similarly, you get just a single opportunity to battle criminal accusations. While confronting a crook accusation, the main thing you really want to do is track down the best criminal lawyer in Decatur, GA. Whether blameless or blameworthy, it is really smart to get a criminal lawyer to assist you with your case.
Conversing with a cop, documenting administrative work, posting bail, and so forth is extremely overpowering. Notwithstanding the pressure that getting any of the means wrong can mean a higher sentence, more cash, or a higher charge on your record. This puts a weight on you, your family, companions, and obligations. For that reason you ought to hire a criminal lawyer in Decatur, GA., to assist you with making the best of the circumstance.
Criminal lawyers are vital while taking care of lawful issues, particularly when your opportunity and notoriety are in danger. Whenever accused of a criminal offense, look for a legitimate direction. Enlist somebody in Decatur, GA., who is profoundly capable and can be relied upon. Find a legitimate master who can direct you at each progression and battle your case possibly. Assuming you're searching for a criminal lawyer in Decatur, GA., reach out to James E. Kee & Associates we can have a constructive outcome in the result of your case and perceive how we can help!
Phone Number: 404-870-6719
Website: http://www.atlantatrafficandcriminallaw.com/lawyer-in-decatur-ga.html
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Speeding Tickets Lawyer Forest Park
At James E. Kee & Associates, we are your soldiers. We are steadfast, and will fight your case to the end. We will pursue your case to a jury verdict if necessary, or in the alternative, with your express permission, we will seek the best possible negotiated disposition available. https://www.atlantatrafficandcriminallaw.com/
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#CDL violations Attorney Forest Park GA#Criminal Lawyer Forest Park GA#Traffic Ticket Attorney Decatur GA
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TRAFFIC LAW
Even minor traffic violations can raise your insurance premiums and result in a suspended license for multiple infractions. Being stopped and determined to be driving under the influence is a very serious matter that could put you in prison. Because of the seriousness of the issue it’s important to know your rights when it comes to traffic violations.
https://www.atlantatrafficandcriminallaw.com/
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#CDL violations Attorney Forest Park GA#Criminal Lawyer Forest Park GA#Traffic Ticket Attorney Decatur GA#Traffic Accidents Lawyer Forest Park GA
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DUI Legal Defense – Attorney For DUI – DUI Lawyer Defense Atlanta GA.
If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected.
Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in GA to fight for you. At James E. Kee & Associates, our experience, intricate understanding of DUI law and aggressive approach to legal defense have helped our clients keep their freedom and licenses.
Our law firm is experienced in drunk driving defense and are ready to use our experience to help you. Fighting a drunk driving charge is not easy and this is why it is crucial to have an attorney on your side. You must never go alone to defend yourself against a drunk driving charge. Read more...
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Traffic Accidents Lawyer Forest Park GA :
We are steadfast, and will fight your case to the end. We will pursue your case to a jury verdict if necessary, or in the alternative, with your express permission, we will seek the best possible negotiated disposition available. You can count on us to work hard on your individual case through its conclusion. http://www.atlantatrafficandcriminallaw.com/
At trial, we will examine every angle of your case and pursue every strategy to get you a not guilty verdict. We have successfully litigated hundreds of Felony Jury Trials with advantageous dispositions for our clients. We are experienced and knowledgeable in all manner of criminal litigation from pretrial motions through post trial appeals. Contact James E. Kee & Associates today if you or a loved one needs a strong legal defense for any of the following:
CDL “Major” and “Serious” Violations
Traffic Violations
Traffic Accidents
DUI
Criminal Law Defense
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We provide specialized defense in traffic and speeding citations across the state of Georgia. No office visit is required. We go to court for you, complete all the work needed to resolve the matter, and obtain the best possible result, usually without you even having to appear in court. We specialize is license restoration due to DUIs, accidents, suspensions and revocations. We are conveniently located in the heart of Midtown Atlanta, between 12th, and 13th Street on Peachtree Street N.E. Our attorneys are highly skilled and experienced litigants with over twenty five years of practice in their specialties. Our practice is State wide, and our lawyers regularly travel to distant Georgia counties to protect the rights of our clients. We represent individuals, not corporate clients. If you or someone you know needs the assistance of an experienced Atlanta, Georgia criminal lawyer, call James E. Kee & Associates today, or complete the contact form provided on this site to schedule your free consultation. http://www.atlantatrafficandcriminallaw.com/
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CDL violations Attorney Snellville GA
At James E. Kee & Associates, we are your soldiers. We are steadfast, and will fight your case to the end. We will pursue your case to a jury verdict if necessary, or in the alternative, with your express permission, we will seek the best possible negotiated disposition available. You can count on us to work hard on your individual case through its conclusion. At trial, we will examine every angle of your case and pursue every strategy to get you a not guilty verdict. We have successfully litigated hundreds of Felony Jury Trials with advantageous dispositions for our clients. We are experienced and knowledgeable in all manner of criminal litigation from pretrial motions through post trial appeals.
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#CDL violations Attorney Atlanta GA#Speeding Tickets Lawyer Forest Park GA#Traffic Lawyer Decatur GA
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