Monday, March 2, 2009

Legal Eaze #28 Evil Children/ Speeding Ticket

Title: August 10, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.

Q. There are two twin children living in the house right next door to us. They appear to be around 7 or 8 years old. On a couple of occasions, I saw them torture an adult cat and her kittens. The last time I saw them, they were busy cutting the kittens’ whiskers off. I don’t know where mommy cat was. I was horrified and screamed at them to stop immediately both times. Apparently, a screaming neighbor does not seem to bother these kids at all, since they did it again. The parents never seem to be at home when these children are committing their atrocities. What should we do?
A. The first thing you need to do is to talk to the parents and let them know what their children are doing in their absence. These children are too young to be left alone at home. Children Protective Services should be warned that young children are left alone at home next door to commit atrocities on animals. You also need to call animal regulation and report the animal abuse. Calling the police might help too. These neighbors of yours should not be allowed to have animals around to be tortured. There is something very wrong with these kids. There may be something very wrong with their parents too. Sometimes, children like these grow up to be criminals of the first order. Thank you for being an animal lover.
Q. I got a speeding ticket on Highway 58 the other day for going at 98 miles an hour. I truly do not believe that I was going that fast. How can I fight this speeding ticket? I do not want my car insurance premiums to go up and they will if this ticket sticks.
A. If you did not attend traffic school in the past 18 months, you will have the opportunity to attend an eight-hour class in order not to get a point on your driving record. Just because you do not believe you were going that fast does not mean that the CHP officer is wrong. As I am sure you know, the speed of a vehicle is usually measured with an instrument used by the CHP which is quite accurate, and that measurement, plus the officer’s testimony will be sufficient to get you convicted. Your feeling that you were not going so fast will be insufficient to prove your innocence. I advise you to concentrate on driving slower next time and attending driving school to avoid the bad mark on your driving record.

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