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  1. Michael Wechsler

    Misrepresentation of age

    Many laws that deal with underage persons are strict liability laws. This means that it doesn't matter what you thought or what you were told. All that matters is the facts - was she below a certain age? It doesn't matter what age you thought she appeared to be. It's like a speeding ticket. It...
  2. Michael Wechsler

    One roommate wants in, the other out

    If you're not going to obtain a restraining order if one was actually warranted then you shouldn't expect that somehow someone else will bail you out of the situation. The restraining order is your remedy, if it's appropriate. A mediator merely mediates a result, if one is possible. It...
  3. Michael Wechsler

    Alcohol & Drugs: DUI, DWI Wife Hit Head on By Drunk

    As stated above, the law will treat the drunk driver as enacted. That is a ridiculously high BAC and the driver could be charged with increased penalties for DUI. We don't know whether the driver was a first offender or repeat offender with multiple DUIs, which are usually a primary factor for...
  4. Michael Wechsler

    Help with liability in starting business

    I'm going to raise another issue of liability that has been made famous by Uber - background checks. Remember that you're not just going to need insurance for auto related issues. You're providing a personal service. And the corporate structure such as an LLC or C corp which provides "limited...
  5. Michael Wechsler

    Flooding in VA apartment

    You may have grounds to cancel your lease but it's difficult when, as @adjusterjack says, you're living in the apartment. If the conditions were truly terrible that it forced you to evacuate the apartment then you might have more of a legitimate reason to terminate the lease. But since you're...
  6. Michael Wechsler

    Contract - Payment Default

    I read the legal question and think the answer I'll give is probably the same. 1- The liquidated damages clause for three times the stated fee will need to bear some rational relationship to the damages that you would suffer. If not, the liquidated damages clause may be struck down as an...
  7. Michael Wechsler

    landlord stealing lights

    I'm not sure why you're not calling your utility company to complain about your bill. That's the first step. And you should be able to verify exactly what is being metered as well. Complaints about "stealing electricity" usually involve someone interfering / changing / modifying what was...
  8. Michael Wechsler

    Paypal seller protection

    I've bought and sold a good number of items on eBay and have used Paypal. That has dwindled because of pricing for the most part. There are some surprises eBay and Paypal users discover, such as how eBay and Paypal both extract fees for what seems to be a single transaction and how Paypal Seller...
  9. Michael Wechsler

    can you please send help with a previous case for vc 21451 a im appealing and need to write a brief

    I'll be honest. I'm not sure if people are trying to type on their mobile devices like tablets and smartphones which is causing misspelling, poor grammar and general lack of comprehension. Regardless, if any defense or appeal is presented in this fashion, you will almost certainly have your...
  10. Michael Wechsler

    CA VC22350 "Unsafe Speed for Prevailing Conditions Over Limit"

    I can't speak to what happened and any other possible reason for the issuance of this traffic ticket. But if you were issued this summons while at a full stop, it would appear that you may have the defense you stated available to you. The traffic violation cited doesn't appear to fit the...
  11. Michael Wechsler

    CA VC22350 "Unsafe Speed for Prevailing Conditions Over Limit"

    Here is the code that pertains to your traffic ticket: VEHICLE CODE - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] CHAPTER 7. Speed Laws [22348 - 22413] ARTICLE 1. Generally [22348 - 22366] ( Heading of Article 1 amended by Stats. 1959, Ch. 11. ) 22350. No person shall drive a...
  12. Michael Wechsler

    Marriage under false pretenses for citizenship

    Many states have annulment as an option for a marriage under false pretenses. Pennsylvania appears to provide an annulment of marriage under its state statutes: Pennsylvania General Assembly (Legal Statutes) Chapter 33, Dissolution of Marital Status § 3304. Grounds for annulment of void...
  13. Michael Wechsler

    Unethical behavior

    That too. Thanks. I knew there was one I forgot to elaborate upon, lol. I'm not sure this is applicable for the same reasons - usually only available for a protected class. Unfortunately even if such a case existed it would be very difficult and costly to prove.
  14. Michael Wechsler

    Quiet Enjoyment Marijuana smoke/smell

    You can file a police report. You can also send notice to the landlord in writing. The latter is a way to avoid problems should the landlord decide to hold you liable for nonpayment of rent should you decide to abate a small portion. But @army judge makes a good comment about the practicality of...
  15. Michael Wechsler

    Dog Bite

    Of note, @Highwayman is right when he states essentially that there is no reason to file a claim without a dispute. The courts are usually not amused when a party decides to use the court system needlessly when they could settle the matter between themselves. There are courts which may require...
  16. Michael Wechsler

    Im I Legally responsibable for my tenants damaging the neighbors home

    A lawyer will usually try to pursue as many parties as possible in order to obtain recovery. If the tenants were unable to afford to pay utilities then they are essentially judgment proof. Knowing that you've evicted the tenants, the only practical chance your neighbor has to see recovery is to...
  17. Michael Wechsler

    Green card holder wish to get a divorce and return to home country with my kids

    You need to speak to a divorce attorney. We don't know the circumstances of your divorce and the possibility that you might be able to both obtain sole custody and leave the country with your children. It may be possible under certain circumstances, such as if your husband is convicted of a...
  18. Michael Wechsler

    Used Car Lemon-No Emissions

    If you can, get the estimate from the other car mechanic in writing. In addition, did you have a written agreement for purchasing the vehicle from the used car dealer? If so, are there terms on it other than the dollar amount of the sale? I would have to believe there are terms and they are...
  19. Michael Wechsler

    Expensive slander

    I am sure you asked this question to your divorce lawyer. What were you told?
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