The Court Of Public Opinion

Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law is there to protect the consumer. If you have found yourself to be the owner of a lemon car, truck, RV, or puppy, the California Lemon Law will make sure that you get your purchase replaced or refunded to you. How do you know if you have a lemon? The California Lemon Law states that any purchase more than $25.00 that is defective, unsafe, malfunctioning, or has an existing problem that greatly reduces its value will qualify as a lemon.

Under the California Lemon Law you should notify the dealer/manufacturer of the problem you are having with your vehicle. The dealer must make four attempts to repair the lemon car during the first 18 months or 18,000 miles, whichever comes first. California Lemon Law states that a vehicle that has been in for repairs four or more times for the same defect, or if the car has been in the dealer for repairs of the defect for a total of 30 calendar days, then the vehicle should be presumed to be and classified as a lemon car. If your vehicle has to be brought into the dealer two times to repair a defect that could result in injury or death if not repaired, that too is considered a lemon car under the California Lemon Law.

The California Lemon Law also allows Lemon Law claims to be filed against manufacturers if the car is over the 18 months/18,000 mile limit, if the car is still under warranty. This covers the consumer who has a two or a three-year-old vehicle that comes with an extended warranty. This law also protects the consumer by allowing a time period of four years after the defect is first noticed to bring a lemon law claim against a manufacturer. It is important that you get legal advice from an attorney who is knowledgeable in California Lemon Law. When you seek an attorney, it is best to hire one with a history of only representing consumers, and never the manufacturer in California Lemon Lawsuits.

The California Lemon Law not only protects the buyer of new cars and trucks, but also the consumer who has purchased a used vehicle. If you have purchased a lemon car and it is still under the new car warranty, even if you are not the original owner, then you can file a claim under the California Lemon Law.

If you think that you have purchased a lemon car it is important that you keep good documentation of all interactions and transactions in regards to your lemon car. Write a letter to the manufacturer and send it certified. Manufacturers are aware of the California Lemon Law and most are more than willing to rectify the situation. If you are unhappy with the repair work done by the dealer, the manufacturer may ask you to go through arbitration with a third party. If you are still not satisfied, you can sue in court under the California Lemon Law. You can also contact the Attorney Generals Office for the newest updates to the California Lemon Law.

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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ACE Inhibitors are drugs that are used to deal with high blood pressure problems. Although theyve been on the market for several years, there have been serious problems detected in patients who have taken these drugs. Some of the side effects are relatively mild, while others are very severe.

Common side effects of ACE Inhibitors include coughing, dizziness and the loss of sense of taste. More severe side effects deal with the use of ACE Inhibitors in pregnant women. Studies have shown that women in their second or third trimester of pregnancy should not take these drugs due to a risk of serious birth defects. These types of defects generally cause irreversible damage to the heart and brain of the child, while some others may die.

If you or a loved one has already given birth to a child who has suffered from birth defects as a result of you taking ACE Inhibitors while you were pregnant, there are many legal and medical options available to you. You need to see a doctor to discuss a course of treatment for a child, and then consult with an experienced ACE Inhibitor attorney immediately. There are professional attorneys in your area that are qualified to help those who have been irreversibly harmed by the effects of taking ACE Inhibitors while pregnant.

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If you have been arrested for DUI or DWI, it is obviously cause for concernbut not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. Thats why it would be a good idea to consider hiring one of Americas Top DUI and DWI Defense Attorneys now. Heres a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

ILLEGAL STOP OF PERSON OR VEHICLE a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

WEAVING INSIDE THE LANES IS NOT ILLEGAL weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DRUNK DRIVING a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s /- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS more and more often, the suspects driving and performance on field tests is being recorded; often contradicting police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE Hospital blood tests overestimate a persons true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED Most states require a Breath Test Operator to possess a valid, unexpired operators license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspects breath test, the results of the suspects test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED Most states require that a Breath Test Operator must possess an unexpired operators license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE A defendants admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendants sobriety.

FAILURE TO MIRANDIZE Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICERS PRIOR DISCIPLINARY RECORD A police officers previous disciplinary record can be used to attack the officers credibility.

PORTABLE BREATH TEST INADMISSIBLE Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a drivers consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officers credibility.

POST-DRIVING ABSORPTION OF ALCOHOL The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the drivers record.

STATUTES OF LIMITATIONS A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY A person who has not driven the car on a public highway cannot be suspended for drunk driving.

FAILURE TO DISCLOSE EXPERTS The failure of the prosecutor to disclose the states expert(s) will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS In some states, the police may not take a blood test against the drivers consent where there has not been an injury involved, or the result is inadmissible.

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