cell phone laws – Carbone & Carbone LLP

14Mar 2015 by Marty

Social Media is No Legal Lame Duck

[caption id="attachment_671" align="alignright" width="150" caption="Social Media now plays a major role in litigation"][/caption] I have touched upon this topic in the past but after some recent experience I feel it is worth going over again. In this new decade of overwhelming social media, with forums such as Facebook, MySpace and Twitter, people now open themselves up to more liability in what they say. No more does testimony in court boil down to "he said, she said." Now with Facebook, practically taking the world by storm overnight, said communication is permanently embedded and one must live with the consequences once they make their proclamations. Judges and attorneys now refer to social media communications without much scrutiny to its authenticity and validity. Most jurisdictions are taking the communication at face value…

04Dec 2014 by Marty

Getting Tickets for Talking and Texting

Blog, Hot Topics in Law, Traffic Tips

[caption id="attachment_548" align="alignright" width="300" caption="Driving while on your cell phone is a 2 point penalty in New York State."][/caption] Recently New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty. Now, approximately 12 years later, NY has amended the law to include a 5 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with…

13Apr 2014 by Marty

Think Again before you Crumple Up that Traffic Ticket!

Blog, Traffic Tips

[caption id="attachment_71" align="alignleft" width="500"] Think Again before you Crumple Up that Traffic Ticket![/caption] DON'T BLOW OFF YOUR SPEEDING TICKET IN UPSTATE NY A lot of people when they get a traffic ticket put it on the back burner and do not treat it very seriously. They do this of course until the court date rolls around and then panic often sets in. At this point, an individual often debates whether or not to simply “mail it in” and plead guilty or instead obtain an attorney and hope to plead to a lesser charge. While it may be easier and more convenient to sign the back of the ticket, mail it in to the “powers that be” and be done with it, this is almost always not the best choice. By…

13Apr 2014 by Marty

Who parks on pavement? – Understanding how to reduce your speeding ticket.

Blog, Traffic Tips

[caption id="attachment_378" align="alignleft" width="150" caption=""Who Parks On The Pavement, anyhows?" Marty Carbone - Albany, NY, Glens Falls, NY & Saratoga NY"][/caption] We've all heard of the term parking on pavement but so few of us actually know what the true definition is. The only frame of reference most people have is when they are offered this conspicuous charge when faced with a speeding ticket or some other moving violation. Section 1201 of the New York State Vehicle and Traffic Law defines Parking on pavement as the following: Stopping, standing, or parking outside of business or residence districts. (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the…

10Apr 2014 by Marty

Things to consider before filing a law suit

Blog, Criminal Law, Featured Articles

[caption id="attachment_5500" align="alignleft" width="200"] What to do before filing a law suit[/caption] WHAT TO THINK ABOUT WITH YOUR POTENTIAL LAWSUIT Filing a law suit should never be done without first carefully considering several factors. First and foremost, one must be certain that their issue indeed requires legal action. More often than not, issues between parties can be resolved without taking official legal action. Only when parties cannot work things out amicably should a law suit be considered. If an amicable agreement cannot be reached, a person must then make the important decision as to how to proceed with resolving their legal conflict. The first thing one should consider is whether or not they have standing to bring about a cause of action. To have standing, one must have a “stake”…

15May 2011 by Marty

Technology Integration with Litigation

Blog, Hot Topics in Law

Technology and Legal RamificationsJust about everyone nowadays has a cell phone. More specifically, most have "smart phones" such as an iphone, Droid, or Blackberry. With these recent “can't live without” pieces of technology comes the ability to communicate in numerous forms with virtually anyone, anywhere, at any time. Because of this recent technological trend, people are more prone to open themselves up to a greater degree of liability as it pertains to their communications. In other words, we as a society need to really watch what we say within the realm of texts, emails, and social networking sites as said communication could be held against us in a court of law. Practically everyone, including their mothers (and grandmothers) are on Facebook. Facebook is currently the holy grail of the social…