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  1. Trade-Ins: Re: Problems With Payoff After Trading In a Leased Car

    Reconnected with the non-Ford dealership and the two options they are giving me are:

    1) for us to unwind everything
    2) for me to keep the new lease and for me to cover everything on the Ford...
  2. Trade-Ins: Re: Lease Trade-in Issue

    I don't think so as the non-Ford dealership put $ into the vehicle to recondition it and also Ford Motor Credit and the Ford Dealership both verified that the non-Ford dealership had been in contact...
  3. Trade-Ins: Re: Lease Trade-in Issue

    I believe the Ford vehicle lease was a closed end lease as the purchase price was already set in the contract. This is what the non-Ford dealer used, along with the fact that I had X Ford vehicle...
  4. Trade-Ins: Problems With Payoff After Trading In a Leased Car

    My question involves a consumer law issue in the State of: California.

    3 weeks ago, I signed a new lease on a new non-Ford vehicle at a non-Ford dealership and traded in our then leased Ford...
  5. Other Violations: Re: California 23123.5 (A) "Cell Phone Use" Ticket

    L-1 - I did not suggest that the officer lacked sufficient cause to cite me merely because I wouldn't show him my phone. The officer had insufficient cause to cite me because, assuming he even...
  6. Other Violations: Re: California 23123.5 (A) "Cell Phone Use" Ticket

    L-1 - thank you for weighing in. On the subject of discovery I concur and will definitely be obtaining discovery before TBWD.

    With respect to not allowing the officer to inspect my phone, I do...
  7. Other Violations: Re: California 23123.5 (A) "Cell Phone Use" Ticket

    Jim K., L-1 - I agree with L-1 that cell phone records are incapable of proving, one way or another, whether a 23123.5 (A) infraction transpired.

    L-1 - I would appreciate hearing your comments on...
  8. Other Violations: Re: California 23123.5 (A) "Cell Phone Use" Ticket

    free9man - agreed on the recording/s.

    On the effectiveness of the second argument regarding the accused cell phone usage, I ask again: assuming he has the right vehicle and assuming I truly was...
  9. Other Violations: Re: California 23123.5 (A) "Cell Phone Use" Ticket

    flyingron - thanks for the feedback. Go to know on the sworn statement in CA. I have reason to believe there is more to be had than just the back of the ticket - I went through a traffic ticket...
  10. Other Violations: Cell Phone Use Ticket in California, VC 23123.5(A)

    My question involves a traffic ticket from the state of: California.

    I received a ticket recently for 23123.5 (a) VC "Cell Phone Use".

    Here's the code:

    23123.5.
    (a) A person shall not...
  11. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Happy to report that TBWD came back not guilty :) I suppose there are a number of possibilities:

    1) the deputy did not submit regardless of the facts of the case,
    2) the deputy did not submit...
  12. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    cdwjava - ok, understood. What would be needed to establish by competent evidence that the speed in excess of said limit did not constitute a violation of the basic speed law at the time, place and...
  13. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    cdwjava - thanks for the further input. If we assume that the deputy's visual estimation is accepted, I can see that as then being taken as sufficient evidence that the defendant indeed exceeded the...
  14. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Will respond later when more time is avail, but to clarify, as stated above, ticket was issued for 35 in 25.
  15. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    flyingron - I realize that VASCAR is not unaided visual speed estimation. It is visual speed quantification with help of a calculator/computer...distance is pre-input and start and stop observation...
  16. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    L1 - thank you for the further input. I would think that in this case the details are such that most reasonable people (not just a defendant for whom this would be convenient) would question the...
  17. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    flyingron - the proof of service was intended to be a back up should anything be attempted to be entered into the case record as evidence after having not been provided upon discovery request. I...
  18. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    flyingron - see above in this thread - proof of service of discovery requests. Regarding visual estimation, the question, restated, is: if we assume that visual estimation is all the deputy has, is...
  19. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Anyone else concur or dissent? Proof of service can just be saved (i.e. need to not be filled, at this point at least, with the court or otherwise)?

    Let's talk more about speed quantification by...
  20. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Return receipts have been received on both accounts (letters recv'd on 7/18).

    Where, exactly, does the proof of service get sent? I know if goes 'to the court', but there are numerous courts in...
  21. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    My understanding is that the defendant cannot send the informal discovery request themselves if proof of service is desired:

    http://www.expertlaw.com/forums/showthread.php?t=141496

    This is why...
  22. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Here's what I will be sending (via certified mail with return receipt) today for the defendant (will also fill out proof of service form):

    [Address here]

    Attn: Custodian of Records
    Santa...
  23. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Yes, the ticket was for a 35 in a 25.

    We completed first step now and obtained a 30 day extension. Court appearance date is now mid-August.

    Plan to request informal discovery material next...
  24. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Hi flyingron - thanks for the further weigh-in.

    Ok - understood on the justifiable prima facie limit on the 25 MPH in the business district.

    If you read some of my earlier posts on this thread...
  25. Hearings and Trials: Re: California 22350(A) Unsafe Speed Ticket

    Hi Kokobill and flyinron - thanks for the inputs.

    I am not thinking about the possible relevance of the speed survey with respect to any potential speed trap defense as indeed, pacing was stated...
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