Mylo Law Guide

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Showing posts from July, 2025

Can Traffic School Erase a Ticket from Your Record?

Getting a traffic ticket can damage your driving record and raise your insurance rates. But in many states, traffic school offers a way to avoid points and keep your record clean. Who Qualifies? Typically, you must meet these conditions: First offense or minor infraction Valid driver’s license No previous traffic school within the last 12–18 months Non-commercial license Benefits of Traffic School: Avoid points on your DMV record Prevent insurance premium increases Dismiss the ticket entirely in some jurisdictions How It Works: Pay the ticket fine and an administrative fee Enroll in a court-approved course Complete it within the deadline (usually 60–90 days) Submit proof of completion Online or In-Person? Most traffic schools offer online options , making it convenient to complete at your own pace. Exceptions: Major violations (DUI, reckless driving) are not eligible Some states limit how often you can use traffic school Imp...

What Is a Trial by Written Declaration for Traffic Tickets?

Fighting a traffic ticket doesn't always mean going to court. In states like California, you can request a Trial by Written Declaration — a convenient, mail-in option to contest your citation. How It Works: Request a Trial by Written Declaration before your court date. Submit a written statement explaining your defense. Include any supporting evidence (photos, diagrams, statements). The officer also submits their version in writing. A judge reviews both and makes a decision. Advantages: No court appearance needed You avoid missing work You can still request a new trial if you lose Best Defenses to Use: Incorrect speed reading Faded or missing signs Mistaken identity Equipment malfunction (radar gun, camera) Tips: Be clear, respectful, and factual Include diagrams or maps if helpful Attach maintenance records or weather data if relevant What If You Lose? You can request a trial de novo — a new in-person trial where the c...

Understanding Pre-Existing Conditions in Injury Claims

If you’ve been in an accident but already had a medical issue — like back pain or a knee injury — don’t assume you can’t get compensated. The law protects victims with pre-existing conditions as long as the new incident worsened the issue. What Is a Pre-Existing Condition? Any illness or injury you had before the accident, such as: Herniated discs Arthritis Migraines Anxiety or PTSD Old fractures Can You Still File a Claim? Yes. You can recover compensation if the accident aggravated your prior condition. This is called the "eggshell plaintiff rule" — meaning the defendant must take the victim as they are, even if they’re fragile. How to Prove Aggravation: Medical records before and after the incident Expert medical testimony Imaging (X-rays, MRIs) showing new damage Doctor’s statement detailing the worsening Insurance Tactics to Watch For: Blaming all pain on your old injury Claiming your condition wasn’t impacted Offering lo...

What Happens If You’re Injured on Public Property?

Slipping on a wet sidewalk or falling due to a broken step in a city building can leave you injured — but when public property is involved, suing the government gets complicated. Who Owns Public Property? Public property includes: City sidewalks Government buildings Public parks Schools Roads and intersections Can You Sue the Government? Yes — but the rules are stricter. Most states have sovereign immunity laws, meaning the government is generally protected from lawsuits. However, under laws like the Federal Tort Claims Act (FTCA) or similar state laws, you can still sue — with conditions. Key Requirements: File a notice of claim within a short deadline (often 30–180 days). Provide full details of the injury and damages. Wait for approval or rejection from the agency before filing a lawsuit. Prove negligence — e.g., failure to repair a hazard in a reasonable time. Common Cases: Cracked sidewalks Ice accumulation on city walkways Pl...

Speeding Ticket in a School Zone: What to Expect

Speeding is always risky — but doing it in a school zone comes with far harsher penalties . These tickets are taken seriously by both courts and insurance companies. Why It’s Worse: Children are present. Drivers are expected to exercise extra caution. School zone speeding is often considered reckless behavior . Consequences Include: Higher fines (often double or triple) Points on your license License suspension in some cases Mandatory traffic school Increased insurance premiums Common School Zone Rules: Speed limits drop (e.g., 15–25 mph) during certain hours Flashing lights or signs mark the zone Violations are often recorded by cameras Defenses May Include: Unclear signage Malfunctioning speed detection equipment No children present (though this rarely works) Best Practices: Always slow down in marked areas Watch for posted hours Don’t assume it’s safe to speed just because it’s after hours Final Note: If you receive a t...

What Is a “Fix-It” Ticket and How Do You Handle It?

Got a ticket for a broken tail light or expired registration? That’s likely a “fix-it” ticket , also known as a correctable violation — and it’s not as serious as other infractions, if handled properly. What Is a Fix-It Ticket? It’s a notice given for minor vehicle issues like: Broken headlights or tail lights Expired tags Cracked windshield Missing front license plate Window tint violations How to Resolve It: Fix the Issue Quickly: You often have 30–60 days. Get Proof of Correction: A police officer, DMV worker, or inspection station may need to sign off. Submit It to the Court: Along with a small dismissal fee (usually $25 or so). Why You Shouldn’t Ignore It: If you don’t fix it on time: It becomes a full traffic violation You’ll face higher fines Points may be added to your license It could lead to a warrant or license suspension Good News: Fix-it tickets don’t usually affect insurance if corrected properly and on time.

Slip and Fall Accidents: Who’s Liable?

Slip and fall injuries might seem minor, but they can cause serious harm — from broken hips to spinal injuries. Determining who is legally liable in these cases depends on property laws and negligence. Common Locations: Grocery stores Sidewalks Apartment complexes Restaurants Parking lots What You Must Prove: A hazardous condition existed The property owner knew or should have known about it They failed to take reasonable steps to fix or warn about it You were injured as a result Examples of Hazards: Wet floors without warning signs Uneven pavement Poor lighting in stairwells Ice or snow buildup Comparative Fault Matters: In some states, if you were partially responsible (e.g., distracted on your phone), your compensation could be reduced. What to Do After a Fall: Take photos of the scene Report the incident to property management Seek medical attention Get witness info Contact a personal injury lawyer Statute ...

Can You Sue for Emotional Distress After an Accident?

When most people think of injury claims, they imagine broken bones or hospital bills. But many victims suffer from emotional distress that can be just as damaging — anxiety, depression, insomnia, PTSD. So, can you sue for emotional distress? Yes, under the right circumstances. What Is Emotional Distress? It refers to the mental suffering caused by another party’s negligence or intentional action. Common symptoms include: Anxiety or panic attacks Nightmares Mood swings Withdrawal from daily life Trouble concentrating Two Legal Types: Negligent Infliction of Emotional Distress (NIED): Emotional trauma caused unintentionally (e.g., seeing a loved one injured in an accident). Intentional Infliction of Emotional Distress (IIED): Requires proof that the person acted outrageously or maliciously. Proving Emotional Distress: Medical or psychiatric records Therapist or counselor reports Witness statements (family, coworkers) Personal journals L...

Reckless Driving vs. Careless Driving: What’s the Difference?

Many drivers confuse reckless driving and careless driving , but legally they’re very different — and the consequences vary greatly. Careless Driving: Defined as failing to exercise reasonable care Usually a traffic infraction Examples: drifting between lanes, minor distractions Typically results in a fine and points Reckless Driving: Considered a criminal offense in most states Involves willful disregard for safety Examples: excessive speeding, racing, aggressive tailgating Can lead to jail time, license suspension, and high fines How the Court Decides: Intent and behavior matter. If your actions show deliberate risk, it’s more likely to be charged as reckless. Defense Strategies: Show lack of intent Dispute officer’s observations Present dashcam or GPS evidence Hire a traffic attorney Long-Term Impact: Reckless driving can stay on your record for years, raise insurance rates, and affect employment — especially if you drive for w...

The Truth About License Suspension for Unpaid Traffic Tickets

Ignoring or forgetting to pay a traffic ticket can lead to serious consequences — including a driver’s license suspension . How It Happens: Each state has laws that allow DMV to suspend your license for failing to: Pay the fine Appear in court Respond to a notice of violation What Are the Consequences? You can’t legally drive Your insurance may be canceled or increased Additional fines and reinstatement fees Possible arrest if caught driving while suspended How to Reinstate Your License: Pay the original ticket Pay late fees or penalties Provide proof to the DMV or court In some states, attend a court hearing Can You Fight It? Yes. You may be able to reopen the case if you were not properly notified or can prove a financial hardship. Don’t Wait: Delays lead to more fees and complications. Always address tickets quickly, especially in states like California, New York, or Florida.

Medical Malpractice or Personal Injury? Know the Difference

If you've suffered harm due to a doctor or hospital, is it a personal injury or medical malpractice case? The two may seem similar but involve very different legal rules and procedures. What Is Medical Malpractice? Medical malpractice is a type of personal injury case that arises from a healthcare provider’s negligence or error that causes harm. Common Examples: Misdiagnosis or delayed diagnosis Surgical errors Birth injuries Wrong medication or dosage Lack of informed consent Key Differences from General Personal Injury Cases: Expert Testimony Required: Medical experts must testify about the standard of care. Shorter Deadlines: Some states require notice of intent to sue within months. Caps on Damages: Many states limit how much you can recover in non-economic damages. Legal Process: File a notice of claim (required in some states) Obtain a certificate of merit Present expert opinions Proceed to discovery or settlement When It...

How Pain and Suffering Damages Are Calculated in Injury Claims

When you’re injured in an accident, you may be entitled to compensation not only for medical bills and lost wages but also for pain and suffering . But how do courts or insurers determine the value of emotional and physical trauma? What Are Pain and Suffering Damages? These damages compensate for non-economic losses: Physical pain Emotional distress Anxiety or depression PTSD Loss of enjoyment of life Methods of Calculation: Multiplier Method: The most common approach. Medical expenses are multiplied by a factor (usually 1.5 to 5) depending on injury severity. Example: $10,000 in medical bills × 3 = $30,000 in pain and suffering. Per Diem Method: A daily rate is assigned for pain (e.g., $150/day), multiplied by the days it affects your life. What Affects the Amount? Severity and duration of the injury Permanent disabilities or disfigurement Age and occupation Impact on daily life and relationships Proving Your Pain: Keep a pain jo...

What to Do If You Get a Ticket While Driving Out of State

Getting a traffic ticket while traveling out of state can be confusing. Many drivers assume it doesn’t follow them home — but that’s rarely the case. Do Out-of-State Tickets Follow You? Yes. Most states share driver records through agreements like the Driver License Compact (DLC) . This means your home state will likely find out about the violation. Consequences Include: Points on your home state record Higher insurance rates Unpaid tickets turning into license suspensions Possible arrest warrants if ignored Should You Pay or Fight? Paying: May be easiest, but points will likely still apply Fighting: You may need to return to the ticketing state or hire a local traffic attorney Traffic School: Some states allow remote courses to prevent points Tips for Handling It: Read the ticket carefully for deadlines and payment instructions Check if your state will assess points for out-of-state infractions If serious (e.g., reckless driving), consult...

How to Remove Points from Your Driver’s License

Accumulating points on your driver’s license can lead to higher insurance premiums, license suspension, and even job loss for commercial drivers. Fortunately, there are legal ways to reduce or remove points in most states. What Are Driver's License Points? Points are added to your record for violations like speeding, running red lights, reckless driving, and DUI. The number of points depends on the severity of the offense. Ways to Remove Points: Traffic School or Defensive Driving Course Many states allow drivers to take approved courses to reduce points. Some even erase the violation from your record entirely. Good Driving Over Time Points may automatically expire after a certain number of years if you maintain a clean record. Appealing the Violation If you believe the ticket was issued unfairly, contest it in court. If dismissed, the points don’t appear on your record. Requesting Leniency Some DMV offices offer administrative reviews or allow first-time offend...

What Happens If You Miss the Statute of Limitations?

Every personal injury case must be filed within a specific time frame — called the statute of limitations . Missing this deadline usually means losing your right to sue. What Is the Statute of Limitations? This is the legal time limit to file a lawsuit after an injury. Each state sets its own period — typically 1 to 3 years from the date of injury. Common Examples by State: California: 2 years for personal injury Florida: 4 years Texas: 2 years New York: 3 years Why It Exists: Statutes of limitations protect defendants from being sued long after an incident, when evidence might be lost and witnesses unavailable. Tolling Exceptions: Some circumstances “pause” the clock, such as: The victim is a minor The injury was discovered later The defendant fled the state What If You File Late? Your case will likely be dismissed, no matter how strong your evidence is. Courts strictly enforce deadlines unless a rare exception applies. Best Practices: Ac...

Understanding Comparative Negligence in Injury Cases

When you're injured due to someone else’s negligence, you may assume the other party will be fully liable. However, in many states, the principle of comparative negligence may reduce your compensation if you are partially at fault. What Is Comparative Negligence? Comparative negligence allows a court to assign fault to both the defendant and the plaintiff. For example, if you’re found 30% at fault in a car accident and the damages total $10,000, your recovery would be reduced to $7,000. Types of Comparative Negligence: Pure Comparative Negligence: You can recover damages even if you are 99% at fault — your compensation is just reduced accordingly. States like California and New York follow this model. Modified Comparative Negligence: You can recover damages only if you are less than 50% or 51% at fault, depending on the state. If you’re more at fault, you recover nothing. Contributory Negligence: In a few states (like Alabama), if you’re even 1% at fault, you canno...