North Carolina Employment Attorney

Motorcycle Lawyers Discuss the Legal Challenges of Bikers of Lesser Tolerance as it Brings Civil Disobedience and Constitutional Court Challenge to North Carolina
By Ray Henke, a motorcycle accident lawyer and member of Bikers of Lesser Tolerance, California
Freedom fighters joined to form BOLT of North Carolina and are currently bringing nonviolent civil disobedience and constitutional court challenge to the streets and courts of the state in response to the enactment of North Carolina’s new helmet law.
The North Carolina helmet law, which went into effect on January 1, 2008, is the same law that NTSB is recommending to state legislatures nationwide, with the insurance industry and medical lobbies throwing their weight behind the NTSB recommendations. The law requires motorcyclists to wear helmets compliant with the federal motorcycle safety helmet standards set forth at FMVSS 218. The North Carolina law, and all other state laws requiring riders to ride with helmets that meet FMVSS 218 plainly are incapable of being understood by the ordinarily intelligent person, and are certainly incapable of being applied, except incompetently, subjectively, arbitrarily, and discriminatory by law enforcement officers. FMVSS 218 is just a list of laboratory procedures and arbitrary impact criteria. You have to be an engineer to understand it, and you have to have the laboratory equipment to apply it. Such laws are unconstitutional because the due process clause of the United States Constitution requires that law be comprehensible specifically so that the citizenry can know what is prohibited, and to avoid arbitrary and discriminatory application of the law by police and the judiciary. You are invited to learn more about the motorcycle lawyers perspective on the Constitutional defects in helmet laws.
The BOLT of North Carolina freedom fighters refuse to be constrained by this unconstitutionally vague legislation. They are holding protestrallies all over the state with a frequency and drawing numbers of bikers refusing to abide the law that has not been witnessed anywhere in the United States in decades. They have sponsored already over a dozen helmet protest rides, in which the riders make their own choices whether to wear helmets. And if they ride with helmets, they make their own choices as to the kinds of headgear they wear, undeterred by North Carolina’s attempt to force them to wear the riding hat specified by this new state biker dress code. The BOLT of North Carolina riders have been joined in their protest by individual bikers numbering over 500, angered by the state’s intrusion upon their freedom, coming from all over North Carolina. According to the Director of BOLT of North Carolina, Janice MacKay, “The next acts of civil disobedience in North Carolina are the 2nd Annual East Coast Helmet Protest on May 18th, followed by the Maggie Valley Freedom Ride on NC Bikers Freedom Ride Day, June 12th, and the WNC Freedom Ride in Asheville from Buncombe’s County to Henderson County on June 21st.”
It is expected that BOLT of North Carolina will also hold a freedom ride “in solidarity” with BOLT of California, and ABATE of California, organized by BOLT member, Red Barron. Two years ago the San Diego police laid in wait for the participants, setting up roadblocks and issuing helmet tickets. This past year, the police stayed their distance. Similarly in North Carolina, notwithstanding the threats of law enforcement to strictly enforce the new helmet law, Ms. McKay reports that it is difficult to obtain a helmet ticket without riding back and forth outside the state police headquarters in Raleigh.
If North Carolina will rise to the challenge to enforce the law, BOLT of North Carolina hopes to clog the traffic courts at an average cost to the state of $872 per helmet citation trial, also requiring the law enforcement officers to appear and explain upon what incompetent basis they issued the tickets, providing the evidentiary basis for the initial constitutional challenge that the FMVSS 218 based law cannot be understood by the biker or cop and therefore is unconstitutionally vague.
At the same time, BOLT of the North Carolina is active in the legislature, with a no compromise helmet law repeal bill recently drafted and distributed to all North Carolina legislators by Jan MacKay. BOLT is also actively opposing the Street Gang Act and other legislation often employed by law enforcement arbitrarily and discriminatory against bikers who chose to wear colors.
This article is provided by Ray Henke, a California lawyer, founder of Motorcyclists Against Dumb Drivers, and co-moderator of Bruce & Ray’s Biker Forum, also a member of Bikers of Lesser Tolerance, and contributor to Biker, Born to Ride and Thunder Road magazines.

Originally published here.

5 Things to Do Before You Even Think about Divorce

Summary — There are a number of things you should do before you take any action on your divorce. These 5 things are critical if you blow it on one of these you may have really made a huge mistake.

There are many steps to take to protect yourself in a divorce. This article will get you started. Your best bet is to talk to a lawyer before you do anything.

1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage.

Even if you don’t think there’s hope for the marriage, “divorce counseling” can help you discover what went wrong, how to cope, and how to pick up the pieces and go on. Don’t wait for your spouse to participate. If you don’t know how to find a qualified counselor, our firm will be glad to recommend one or you can check out the directory of professionals at stayhappilymarried.com. Your employment, social or religious contacts might also provide leads.

2. Talk to an attorney before you do anything.

Even if you don’t end up hiring an attorney to handle your separation or divorce, you would be well advised to get as much information as you can before you even discuss divorce with your spouse. There’s a lot to know about divorce in North Carolina . . . our laws are complex and even the simplest situation can be very confusing to families already in distress. Actions you take now may very well affect the outcome of your divorce (see #3) and you need to understand your options ahead of time . . . not some time down the road when it may be too late to alter the outcome. Click here to find attorneys who are well versed in the intricacies of North Carolina divorce law.

3. Do not move out of the marital home without talking to an attorney first.

Leaving the house without a good reason may cause you to pay alimony or may result in your inability to collect alimony. If you leave the house, you may also be unable to return until after a court divides the property. This process might take more than a year. The best advice is to stay in the house until after you talk with an attorney unless your spouse is violent. If your spouse is violent, you must take all steps necessary to protect yourself and your children.

]]>

4. If you have been involved in any extramarital affairs, talk to a lawyer before you discuss this with your spouse or anyone else.

In this case, honesty may not be the best policy. In addition to the fact that adultery is illegal in some states, admission of an affair can have other dire consequences. If your spouse is a candidate for alimony, any illicit sexual behavior on your part (during the marriage . . . which includes the time you are separated) could end up costing you thousands in additional alimony payments.

5. Take concrete steps to safeguard your assets before you and your spouse begin discussing divorce.

One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds.

Another self-protective step is to file what is known as a Lis Pendens in the Deeds Office of any county where you and/or your spouse own real property. The lis pendens puts third parties on notice of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a notice of pending litigation that may affect real property. A properly recorded and served lis pendens clouds the title to the property, preventing an effective sale of the property behind your back. The rules regarding a lis pendens contain very specific requirements, all of which are spelled out in section 1-116 and the following sections of the North Carolina General Statutes.

A third possible step to protect the assets of your marriage is to get an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order. Your attorney can also use an injunction to get your separate property returned to you, where your separate property is in the possession of your spouse and the spouse refuses to give it to you. The equitable distribution statute also provides a means for you to obtain an interim distribution of marital property, pending a final resolution of the property matter. Such an interim allocation could, for instance, give you much needed funds on which to live.

Other protective measures you might consider in your divorce planning include: (1) protecting your own credit rating by freezing or closing joint cards and by blocking your spouse’s access to other joint credit such as a home equity loan; (2) closing joint bank accounts and opening accounts in your own, individual name; (3) changing the name of the responsible party on utility and other bills; and (4) spending where possible your spouse’s separate property first, marital property next, and your own separate property last.

While this list will help you get started on the right track, it is by no means a complete list of all the things you need to do and know if you are considering a divorce. For more information about the rights and duties of separating and divorcing husbands and wives visit one of our Raleigh divorce lawyers. You’ll find a complete law library, downloadable divorce forms, a legal fee calculator, a child support calculator, lists of professionals who can help you and stories from people just like you who have survived divorce.

Originally published here.

Why are so many consumers seeking loan modifications? Simply put, they are looking to renegotiate the terms of their mortgage so that it is more affordable under their current financial circumstances. Suddenly, the things we’ve taken for granted for so long – food, clothing, daycare/school expenses, and keeping the lights on – are foremost in our minds. Primary breadwinners in many NC families are suddenly finding themselves unemployed or employed at a lower level of income than what had previously sustained their monthly mortgage payment, among other expenses. As a result, not only are family breadwinners finding it difficult to make their mortgage payments, but also to provide basic needs to themselves and their children.

Homeowners all over the country are facing the threat of foreclosure on their homes, whether they’ve owned their home for decades or just purchased it within the past couple of years. Here in North Carolina, loan modifications are one such way by which people are attempting to save their homes. In this economic climate, and with the job market practically in shambles, desperate homeowners everywhere who are strained to make their mortgage payments are looking for viable alternatives to essentially being out on the street.

NC homeowners that need help lifting a mortgage burden so that they can begin to live within their means again, can look to loan modification programs for help. These programs, once the borrower is approved, will reduce their mortgage payments to no more than 31% of the borrower’s monthly income. This is a classic case where new circumstances call for a new approach. Keep in mind, however, loan modification criteria varies greatly among individual lenders, which can make it hard for consumers to know where to turn once they start to have difficulty paying their mortgages. Some servicers prefer homeowners contact them before they fall behind, while others are willing to consider a modification only after they have missed one or more payments.

Despite headaches that can accompany any kind of debt relief program, NC homeowners are gradually gaining back some peace of mind in knowing that there are means by which they can save their homes and get back on their own two feet. There is help…and there is hope.

Getting a loan modification requires a great deal of patience and tenacity. There is such a high volume of requests that the decision making process is often sluggish at best. It can take a long time for a modification to be approved because investors must determine whether modifying the terms of a mortgage will result in less of a loss than refusing to making concessions to the homeowner or just letting the property fall into foreclosure. Depending on your personal situation – for instance, if you have multiple mortgages on your home – matters can be even further delayed due to complications. In such cases, NC homeowners would do well to contact an attorney who specializes in North Carolina consumer law so they can get their questions answered, their options outlined, and have guidance in navigating the lengthy and complicated process.

Originally published here.