Purchasing a New or Used Vehicle

Just in case you’re thinking of purchasing a new or used vehicle and do; then keep this in mind. The Lemon Law applies to all new and used vehicles. You will need to prepare yourself if you start having problems.


 When you buy you need some things that will help you in-case you have breakdowns.

1) Ask for Free loan car when your vehicle is getting repaired.

2) Ask for a Zero deduction on all repairs.

3) Be sure these two thing are in writing before you sign the contract.

4) Writing is enforceable voice is not.

After you buy and if you start having problems with your new or used vehicle and you get repairs.

1) Make sure you keep all receipts for repairs and service.

2) Be sure the complaint is written down the same way each time and verify it before you sign.

3) Remove all items from the vehicle before you leave it.

4) If you are told something, then write it down with the time, date and person.

5) Keep notes as well about when it happened and what you were doing when it happen.

If after four attempts to repair you vehicle and the same problem is still going on then call a Lemon Law attorney for help if you think you need it. Safety issues are two times in most states for a repair, the safety issues are ABS and SRS warning lights coming on. A reason to be sure your complaint is written down the same way each time is so the other side can’t say well it read you only said that problem happened one time. Four complaints for the same problem have to be written down the same way this is strength for your case.

The attorney will need your entire paper file so to see if you have a good claim.

There is help and the help don’t cost if you have all your paper work in order.

Any question please let me know, God bless all,

Jackie the Lemon Guy

Thirsting for Singapore's lemon law

Singapore is about to introduce lemon laws with public consultation closing today. A lemon law allows consumers to seek redress for goods which are not up to the mark. Suggested forms of action would be repair, replacement, refund or reduction in price.

While some businesses would quake at this law, most businesses should welcome it as it encourages consumer confidence. Nevertheless, all businesses should relook their terms of business to ensure they conform with the law.

For instance, most companies would exclude from their warranties fair wear and tear. That would generally be fair as equipment is not built to last indefinitely. However, this should not be applied across the board.

In my office, we buy original toner cartridges for our laser printers even though they cost a lot more. These come in sealed bags and with what is claimed to be a lifetime warranty. Each cartridge is rated to last a certain number of pages. We recently unwrapped one such cartridge for use and quickly noticed that it produced a line on the printouts.

Happily we took it to the service center. The report from the service center was that when the cartridge was opened (you had to use a screw driver to do so), they identified the fault as being due to wear and tear. That baffles me–we did not and would not have opened the cartridge, and the cartridge was still full of toner, let alone wear and tear.

If there was a lifetime warranty, surely it would last until the the toner (or most of it) would run out?

One might argue that this product did not achieve the satisfactory quality and a consumer would not be aware of the intricacies involved in such warranty claim policies. Therefore, a lemon law would be very much welcomed.

Personalized plates primer – San Diego Union

The special-plates program turned 40 this year

Originally published January 19, 2011 at 2:49 p.m., updated December 20, 2010 at 4:05 p.m.

QUESTION: I just bought my husband a new motorcycle and I want to personalize its license plate. Because he served in Iraq, I want to get the “memorial” special interest plate. How do I go about requesting a personalized plate and do the proceeds go to a special cause?

ANSWER: Did you know the Personalized License Plate Program just turned 40 this year? Additional fees are required for acquiring these types of plates, a portion of which goes toward whichever program the selected plate commemorates, such as Arts, Kids, Coastal, Lake Tahoe, and, of course, supporting veteran’s organizations. A portion of the fee also goes toward fighting pollution caused by motor vehicles. To date, the California specialty plate program has generated approximately $630 million for these specialty groups.

To purchase your personalized plates go to this DMV site: http://www.dmv.ca.gov/ipp2/welcome.do. You’ll be able to browse the DMV’s selection of personalized and special interest license plates. In a separate window, you will also have the ability to see what your specialized configuration will look like or if it already exists.

What are the rules for bicyclists? I’m from New York and just moved to California for college, and plan on using a bicycle as a primary mode of transportation.

Welcome to the Golden State! First off, be sure to protect yourself with a helmet. It is not mandatory for those over 18 years of age, but is highly encouraged.

Here are some safety tips:

• You must obey traffic signs and signals

• Ride in the same direction as traffic so you are more visible to drivers

• Stay in the right lane unless the right lane is too narrow then take the center traffic lane

• To make left turns you may use the crosswalk and cross as pedestrians cross or you can change lanes when safe to do so

• Beware of parked cars- stay far enough away to avoid being hit by an opening door

• Communicate your intentions

For more information about bicycle laws and safety, go here: http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl37.htm

While I’m driving, I see more and more motorcycles “lane splitting” between cars, as if they (the motorcyclists) are making an individual lane to travel in. The motorcyclists even use the bike lane as a passing lane. Why are they allowed to maneuver in and out of traffic like that?

California does not have a law prohibiting this maneuver. Motorcyclists believe that lane sharing is safe and provides them an added “safety net” when confronted with a possible collision, by weaving between two vehicles. Motorcyclists can be cited for traffic violations for making unsafe maneuvers when lane sharing such as improper lane change, unsafe speed, or passing in a bike lane. Motorcyclists should use caution and maintain safe riding practices when lane sharing.

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QUESTION; I’m a teen driver who recently acquired a learner’s permit after passing the written test. My driving instructor told me that my permit had been “activated” after I took a two-hour lesson with him, and that now, I can drive if my parents are in the vehicle with me. My question is: can anyone else accompany me?

ANSWER: As long as you have a licensed driver over the age of 25 in the vehicle with you, there are no restrictions on the other passengers in the vehicle. The DMV website has a complete section devoted to teen drivers with information on permits and driver licenses, tips on passing the drive test, a sample of the written and more. Go to http://www.dmv.ca.gov/teenweb/

I purchased a “sports-themed” plate from a local gift shop. Am I allowed to display it on my vehicle and remove the front license plate issued by DMV?

No, per California Vehicle Code Section 5200 (a), if two plates are issued as in the case of autos and most trucks (big rigs are allowed to display one plate), they must both be attached, one in the front and one in the rear of the vehicle. If the plate bracket is missing, you should contact the vehicle dealer that sold you the vehicle for assistance. If two plates are not attached as required, you could be subject to citation by law enforcement.

I just purchased a boat and I want to be as prepared as possible. Who should I contact in case of an emergency and what is the best way to do so?

While we certainly hope you have nothing but good experiences on your boat, it is always good to be prepared. In the event of an emergency, you would need to transmit the International Distress Call on Channel 16 on the boat’s radio system. The distress call would be “Mayday, mayday, mayday. This is (state your boat’s call sign three times).” After they have responded, you will then need to provide them with the following information:

  1. Your vessel’s call letters and name
  2. Your vessel’s position in latitude/longitude or true bearing and distance in nautical miles from a widely known geographical point
  3. What is wrong
  4. Kind of assistance desired
  5. Number of persons aboard and the condition of any injured
  6. Present seaworthiness of your vessel
  7. Description of your vessel
  8. Your listening frequency and schedule

For more information about California Boating Laws, please visit http://www.dmv.ca.gov/boatsinfo/boat.htm

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QUESTION: I’ve been told that if I’m ever pulled over after I’ve been drinking I can refuse the breathalyzer test. Am I allowed to do so without any consequences?

ANSWER: You can refuse the breathalyzer test, but there are consequences when a driver suspected of driving under the influence refuses a breathalyzer test. When you were issued your driver license, you agreed to consent to a chemical test of your blood, breath or urine for the purpose of determining the alcoholic or drug content of your blood when requested to do so by a peace officer. If you refuse to submit to the test, your license can be revoked for a year.

Learn more about your rights when pulled over for driving under the influence, at http://www.dmv.ca.gov/teenweb/. Select the Drive Crazy link, then what is the PAS test?

Because of the high price of gas I have been using more public transportation than before. And because I need to save more money I thought of declaring my car as non-operational, but I just paid the registration renewal three months ago. If I file now, do I have to wait a full year to re-license it? If I re-license it in the middle of the registration period, can I pay for just the months left in that period or do I have to pay the full year?

A Planned Non-Operational does not change the expiration date on a vehicle. When the expiration date is established it never changes. For example, if your vehicle’s registration expires on Jan. 1, 2011, and you file a PNO, the fees you owe to renew the vehicle’s registration depends on when you apply for renewal. If you apply for renewal any time before Jan. 1, 2011, you will pay the full 2010 registration fees. The vehicle registration fee is the same for one day or 365 days of use. If you do not renew until after Jan. 1, you would owe nothing for the 2010 registration period.

Commercial vehicles are handled differently. There are several registration options and each will have different renewal fees assessed. The registration renewal fees on commercial vehicles may be prorated for partial year registration.

My daughter is in the process of obtaining her permit and has been asking me to teach her how to drive. Is she required to have insurance even if I only allow her to practice driving in residential areas?

Some insurance carriers provide automatic coverage for minor dependents when operating on an instruction permit. Check with your insurance carrier for specific policy coverage details. For more information about rules and regulations while driving with a provisional permit, go to http://www.dmv.ca.gov/teenweb/permit_btn1/permit.htm .

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QUESTION: I am a little confused about the Friday closures of DMV offices. My license is up for renewal in a couple of months and because I have already renewed by mail two times, I believe this time I would have to go in person. Can you please explain to me what Fridays are the offices closed?

ANSWER: You would need to go in person to renew your license, but the good news is that as of Oct. 29, 2010, DMV field offices are open Monday through Friday. Business hours will continue to be from 8 a.m. to 5 p.m. on Monday, Tuesday, Thursday and Friday; and from 9 a.m. to 5 p.m. Wednesdays. Be sure to make an appointment for that driver license renewal.

I recently sent in my registration for my 1979 VW bug, but I was told that to get it to pass the required smog test, it will cost me over $600. I only drive this car about 500 miles a year so it doesn’t make sense to invest that much but I don’t want to sell the car. Please advise me on how to reverse the registration so that I may get my money back and to declare it inoperable until I decide what to do with it.

If the vehicle was used after the expiration date, it is too late to reverse the registration. If the vehicle has not been used since the expiration date, go to www.dmv.ca.gov and print out a Planned Non-Operation Certification Form, Reg. 102. After completion, submit it along with the paperwork previously submitted to:

DMV

CCS Mail Station H165

P.O. Box 932345

Sacramento, CA 94232-3450

I was passing a CalTrans truck parked on the side of the road with its amber lights flashing and received a citation. Because this vehicle is not a police car or an ambulance, can you tell me why I was cited?

Drivers are required to move over and slow down when approaching a stationary emergency vehicle or tow truck that is displaying flashing amber warning lights, or a stationary, marked Department of Transportation vehicle that is displaying flashing amber warning lights when they are stopped on the side of a state highway or freeway with their emergency lights or flashing amber light on. The law is designed to reduce the deaths of police officers, tow truck drivers, paramedics, CalTrans employees and other emergency personnel who are performing public service.

QUESTION: My son saw a series of videos at school that showed the most common reasons why people fail the drive test. She said the DMV produced them. Are they available online?

ANSWER: Yes – the DMV’s YouTube Channel features several video “vignettes” that not only show the top 10 reasons why students fail the drive test, but also several educational videos on all aspects of driving. View the vids here: DMV YouTube Channel .

What is the DMV’s policy for headgear when the license photo is taken?

The department prefers the removal of headgear, unless it is part of your normal identification, or is worn because of religious beliefs. In those instances, headgear is permissible as long as the individual’s face is visible. Generally, headgear, such as a baseball hat, can obstruct the eyes, nose, mouth or cause dark shadows. This can result in unacceptable photographs and unnecessary return trips to our field offices.

My husband and I have started to take daily walks around our neighborhood for exercise. We live in an area with heavy traffic and want to know if there are any rules we should keep in mind as pedestrians.

One out of every six traffic fatalities is a pedestrian, so it is important for you to be informed. The 2009 California Driver Handbook offers these tips to pedestrians:

• Never “jaywalk,” or cross a street between intersections. Always cross at a crosswalk.

• Do not suddenly leave a curb or other safe place and walk or run into the path of a vehicle close enough to be a danger to you.

• If there is no sidewalk, walk in the direction that faces the oncoming traffic

• When a signal first changes to green or “WALK” for you, look left, right, and then left again and yield the right of way to any vehicle in the intersection before the signal changed.

• At night, make yourself more visible by wearing white clothing and retro-reflective materials or carrying a flashlight.

You can view the California Driver Handbook online at www.dmv.ca.gov. Under the Publications tab, click Driver Handbook.

QUESTION: What is a “Lemon Law Buyback Vehicle” and how will I know that a vehicle was a “lemon”?

ANSWER: This type of vehicle has been reacquired by a vehicle manufacturer because it had one or more specified warranty defects. Prior to resale, the vehicle is registered in the manufacturer’s name. You will know the vehicle is a “lemon” if there is a decal affixed to the:

• Left door frame, or

• Frame of the major entry into the vehicle such as the front right door frame of a motorhome, or

• Left side of a vehicle without doors, such as a motorcycle

The vehicle’s Certificate of Title and Registration Certificate will also identify it as a “Lemon Law Buyback” or ask the dealer/seller; who are required by law to disclose this information.

Details: http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr17.htm .

The last time I had to attend traffic school, I had trouble finding a school that would be accepted by the DMV. Is there a list on the DMV website, or better yet, is there an online tool to find a school in my area?

A list of schools can be found at http://www.dmv.ca.gov/forms/ol/ol745.pdf. The schools are listed by the county and includes schools with foreign-language instruction.

Can a photo receipt be used as a form of identification? It’s clear that the DMV gave it to me.

A photo receipt is by no means a valid form of identification. In May 1999, the DMV started issuing photo receipts as part of a new driver license and identification card photo process. The photo receipt is issued to a customer who needs additional testing in a DMV office. It is used to identify the customer while he/she is in the field office and an application is in progress. The photo receipt states “Not a Verified Identification” on the form.

For more information on photo receipts and their use and on how to get a valid California driver license, go to www.dmv.ca.gov and click on Driver License, followed by Frequently Asked Questions.

Thirsting for Singapore’s lemon law

Singapore is about to introduce lemon laws with public consultation closing today. A lemon law allows consumers to seek redress for goods which are not up to the mark. Suggested forms of action would be repair, replacement, refund or reduction in price.

While some businesses would quake at this law, most businesses should welcome it as it encourages consumer confidence. Nevertheless, all businesses should relook their terms of business to ensure they conform with the law.

For instance, most companies would exclude from their warranties fair wear and tear. That would generally be fair as equipment is not built to last indefinitely. However, this should not be applied across the board.

In my office, we buy original toner cartridges for our laser printers even though they cost a lot more. These come in sealed bags and with what is claimed to be a lifetime warranty. Each cartridge is rated to last a certain number of pages. We recently unwrapped one such cartridge for use and quickly noticed that it produced a line on the printouts.

Happily we took it to the service center. The report from the service center was that when the cartridge was opened (you had to use a screw driver to do so), they identified the fault as being due to wear and tear. That baffles me–we did not and would not have opened the cartridge, and the cartridge was still full of toner, let alone wear and tear.

If there was a lifetime warranty, surely it would last until the the toner (or most of it) would run out?

One might argue that this product did not achieve the satisfactory quality and a consumer would not be aware of the intricacies involved in such warranty claim policies. Therefore, a lemon law would be very much welcomed.

Blog of the Legal Times

Supreme Court Justice Elena Kagan announced the first opinion of her tenure this morning, which turned out to decide the first case she heard argued in the current term last October 4.

As often happens for new justices, Kagan was assigned to write her first decision in a less-than-blockbuster case, Ransom v. FIA Card Services, a bankruptcy dispute over which routine expenses debtors can deduct from their monthly income and thereby keep out of the hands of creditors. Kagan managed to make it interesting nonetheless, with the non-technical, very accessible summary she read from the bench for spectators.

Kagan ruled against the debtor, and in favor of the credit card company. She was joined by all her colleagues except for dissenting Justice Antonin Scalia, thus depriving her of the unanimity that the Court tries to achieve for a justice’s opinion-writing debut. 

We’ll have more on Kagan’s first decision and other Court happenings later today in Supreme Court Insider, our digital newsletter on the Court.

Rich, Wind-Tunnel-Defying Simu-Wood™ Trim Adds Style To Reagan-Era Chrysler Town & Country

Thick faux-wood trim on a Chrysler wagon as late as 1986? Hey, it’s 2011 and you can still get Super 8 movie film!

I can’t decide whether this is the most hideous station wagon ever made or one of the greatest. Chrysler had gone entirely front-wheel-drive by ’86, and their minivan was already delivering multiple tire-iron-to-the-kidneys blows to station wagon sales… yet they still honored the 5,500-pound wagons they’d built 15 years before.

The K platform made for shockingly spacious interiors; this wagon rivaled some of the monstrous battlecruiser wagons of years past for interior space.

Turbocharged and fuel-injected! Too bad they never made a Shelby-ized LeBaron Town Country. This car listed at $11,998 with the turbo package, about the same as an ’86 VW Quantum wagon and $1,500 less than an ’86 Volvo 245 Turbo wagon or an ’86 Olds Custom Cruiser.















Los Angeles-Area Consumer Protection Attorney Robert F. Brennan Selected as 2011 Southern California …

La Crescenta, CA (PRWEB) January 25, 2011

Brennan, Wiener Associates of La Crescenta is honored to announce that its lead partner and founder, Robert F. Brennan, has been honored by being selected as a “Southern California Super Lawyer” for 2011. This is the sixth straight year Mr. Brennan has been honored by being named a “Southern California Super Lawyer”.

Membership in Super Lawyers is limited to five percent of the lawyers in Los Angeles and Orange Counties. Super Lawyers names Southern California’s top lawyers as chosen by their peers and through the independent research of Law Politics. The list of 2010 Southern California Super Lawyers is based on surveys of more than 65,000 lawyers across Los Angeles and Orange counties. The goal was to select as Super Lawyers the top 5 percent of Southern California attorneys in more than 60 practice areas. The list of Southern California Super Lawyers is published annually in the February issues of Los Angeles magazine and Southern California Super Lawyers, which is mailed to every attorney in Southern California.

Brennan and his firm had an excellent year in the courtroom in 2010, repeating a string of large verdicts and settlements on behalf of consumers for “lemon law” and car dealer fraud violations, wrongful credit reporting and identity theft abuses, wrongful debt collection practices and serious personal injury cases. In addition, Mr. Brennan made several presentations to other attorneys on consumer protection and trial practice topics, and had engagements as an expert witness in wrongful repossession class action cases, in credit reporting cases and in attorney fee disputes.

Brennan, Wiener Associates is widely recognized as the leading Southern California law firm on a wide range of consumer protection issues, including lemon law, car dealer fraud, identity theft, wrongful credit damage, unfair debt collection practices, consumer protection class actions and landlord-tenant class actions, as well as serious personal injury cases. The firm enjoys an “AV” rating from the prestigious Martindale-Hubbell ratings agency, which is the highest possible rating for an attorney or a law firm and is based on pre-eminence in both legal ability and ethics.

Press Contact: Robert Brennan

Company Name: BRENNAN, WIENER ASSOC.

Email: rbrennan(at)brennanlaw(dot)com

Phone: 818-249-5291

Website: http://www.brennanlaw.com; http://www.socalcreditdamage.com

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Feds arrest 100 suspected mobsters in New York, New Jersey, New England

Published: Thursday, January 20, 2011, 10:43 AM     Updated: Thursday, January 20, 2011, 10:44 AM


By

Gloucester County Times


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NEW YORK (AP) — Federal agents dealt another major blow to New York’s five Mafia crime families by arresting more than 100 suspected mobsters throughout the Northeast on charges including murder, extortion and narcotics trafficking.

The FBI said most of the arrests were made Thursday morning. Many were in Brooklyn, but they also occurred throughout New York City and in New Jersey and New England.

The takedown was the result of multiple investigations. Federal probes aided by mob turncoats have decimated the families’ ranks in recent years and have resulted in lengthy prison terms for several leaders.

On Friday, a federal judge in Brooklyn sentenced John “Sonny” Franzese, 93, to eight years in prison for extorting Manhattan strip clubs and a pizzeria on Long Island.

Federal prosecutors had sought at least 12 years behind bars for the underboss of the Colombo crime family — in effect, a life term. To bolster their argument, they had an FBI agent testify that Franzese bragged about killing 60 people over the years and once contemplated putting out a hit on his own son for becoming a government cooperator.

In October, Mafia turncoat Salvatore Vitale was sentenced to time served after federal prosecutors praised his total betrayal of his own crime syndicate — and after he apologized to the families of his victims. Authorities said he had a hand in at least 11 murders, including that of a fellow gangster in the fallout from the infamous Donnie Brasco case.

The evidence provided after his arrest in 2003 helped decimate the once-fearsome Bonanno organized crime family, Assistant U.S. Attorney Greg Andres said.

“The Mafia today is weaker because of his cooperation,” Andres said. “Mr. Vitale provided lead after lead. … The results speak for themselves.”

Oversight leads Schuylkill judge to return mandamus complaint

An administrative oversight led to a Schuylkill County judge being prematurely presented with a mandamus complaint filed last week by the commissioners against Controller Melinda Kantner.

“There was a document … that shouldn’t have been submitted. It was submitted inadvertently,” county solicitor Eric M. Mika said Thursday.

The commissioners filed the complaint Jan. 13, asking a judge to force Kantner to pay the last of three $18,000 installments to the county’s external auditor, Pottsville accountant Sam Deegan.

By Monday, the complaint had already found its way to Judge Jacqueline Russell’s desk.

Kantner’s solicitor, Sudhir Patel, has not yet filed a response. As such, Russell returned the complaint to the prothonotary’s office.

Russell made no ruling on the validity of the complaint, but merely ruled on the “praecipe” – a legal term for a request that the court act.

Mika said the praecipe should not have been submitted with the complaint last week.

“Judge Russell rightfully dismissed the praecipe,” he said.

Mika also said the issue remains “on track.”

In her ruling, Russell said “it is evident that the case is not trial-ready,” as Patel had not yet filed a response.

The mandamus centers on money owed to Deegan for his work auditing county financial records. Deegan is to be paid three installments of $18,000 and a $6,000 retainer fee when the work is complete.

He has been paid the first two installments, but Kantner has refused to pay the last. She has attempted to deduct $4,800 from Deegan’s check in order to pay another accounting firm, Maillie Falconiero and Co., Pottstown, for its work helping her complete two financial reports for the state.

The commissioners never approved that deal and have refused to use taxpayer money to pay the bill.

bwolfgang@republicanherald.com