Traffic Law

Driving in the United States requires two things: the driver must have a driver's license and the motor vehicle used must be duly registered. American traffic laws vary from state to state, although there are common basic rules, such as speed limit. Traffic laws form part of the more comprehensive motor vehicle law to ensure safety in roads. Motor vehicle laws are mostly regulatory laws that set up rules that should be obeyed by drivers and vehicle manufacturers. Traffic laws, on the other hand, govern the violation of motor vehicle laws.

Traffic violation laws governs unlawful activities involving a motor vehicle. Traffic violations include driving under the influence, or driving while intoxicated, driving without a license or driving with an expired or suspended license, and driving an unregistered motor vehicle or a motor vehicle with an expired registration. Traffic violations also include speeding, beating the red light, tailgating, and swerving. Other common traffic violations not wearing a seat belt and talking on a cell phone while driving.

Traffic violations can range from administrative to criminal offense, and the accompanying penalties would depend on the severity and the harm that could accompany such traffic violation. Driving while intoxicated or driving with license that was suspended as a result of the conviction of a criminal offense is a criminal offense and the conviction to these offenses can lead to incarceration. In most states, the traffic enforcement agency, usually the department of motor vehicle, gives points to a driver based on his violation. The number of points will determine the kind of penalty or sanction that the enforcement agency will impose upon the traffic violator. Traffic violation sanctions range from petty fine to suspension or revocation of driving licenses.

One of the nuances in traffic violation law is the determination of who has jurisdiction over the area where the violation was committed. Different government agencies takes charge in implementing a particular traffic in a particular location. This means that local enforcement agencies has authority to issue citations in a certain geographical area, but these areas often overlap. When faced with a traffic citation, the driver must review the citation to take note of the court that will hear the case or whether the citation requires personal appearance in court.

There are many ways to avoid points following a traffic violation. The law provides for other ways to avoid paying any monetary amount for a traffic citation. For instance, the law allows the traffic violator to attend traffic school. In addition, those who are falsely accused of traffic violations must retain the help of expert traffic violation law attorney as traffic violation, depending on the severity, is considered a criminal offense, and can have serious impact on one's life, including ability to obtain future insurance and employment. When wrongfully accused of a traffic violation, the accused can choose to go to a trial in order to argue against the violation. Going to trial, however, is a difficult and costly process, thus it is imperative to seek the help of counsel.

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Collections Law - Legal Information and Resources

Collections Law

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.

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