Title: October 12, 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. I drive a truck for a living, and I drive all over United States. I have a commercial driver’s license. I was driving my own car and was caught speeding on the 58 just past Mojave. The citation mentions that I was driving at 67 miles per hour. Is this a misdemeanor or just an infraction? I am very concerned that my commercial driver’s license will be affected and will not be able to drive a truck anymore.
A. I you were driving no faster than 15 miles per hour over the posted speed limit, if should be only an infraction. If the posted speed limit was 55 mph, it is an infraction. However, I am surprised that you would be pulled over going at 67 mph, unless the officer considered it unsafe to drive at that speed. There has been ongoing construction on Highway 58 and speeds are reduced in construction zones. If you pay the fine on the fraction within the time limit, it should not affect your commercial driver’s license.
Q. I keep receiving books, magazines and other goodies by mail which I never ordered. I also receive invoices for these books, magazines and goodies. I have returned most of them, but sometimes by error I open the package, then I don’t know what to do. Do I have to pay for the return shipping on this stuff? Ord do I have to pay the invoices?
A. You have failed to tell me whether you live alone or not. If you have children living with you, how do you know that one of them did not order these books and/or magazines? If you live alone and are absolutely sure that you did not place any orders for books and/or magazines, just return them unopened. Mark “Return to Sender” on the front of the package and put them back in the mail. If the books keep coming even after you have returned one or two, just keep them and explain that you did not order the books and magazines or goodies and will not pay their invoice nor their return shipping charges. You can write that right on the invoice and return the invoice to the company that sent it to you..
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