Springfield Missouri Rental Car Accident Attorney

Accident in a rental car, am I covered?

Whether your car is broken down or you are on vacation, the chances are at some point in your life you will be driving a rental car. Unfortunately your likelihood to be involved in an accident also increases during this time. This is mostly due to the unfamiliar environment you suddenly find yourself in. Similarly, you may be involved in an accident where the other driver was driving a rental car owned by companies like: Budget, Alamo, Enterprise, National, Hertz, Avis, and Thrifty.

Self-insured Rental Car Companies Obligations

All of these rental car companies operate within the State of Missouri and as a result are obligated to comply with minimum financial responsibility laws. However, many of these companies are self-insured, meaning they have agreed to provide coverage and pay Judgments under the law. The requirements for companies to qualify to be self-insured is codified in Section 303.220 RSMo.

Coverage Limits of Self-Insured Companies

The coverage amounts required under Missouri Law are set forth in Section 303.160 RSMo. This section allows self-insured companies, like rental car companies, to only provide the minimum financial responsibility limits required in the State of Missouri. These limits are $25,000.00 for one person and $50,000.00 per accident. These minimal limits cause huge problems for drivers injured by drivers of rental cars. The truth is that medical bills for even a minor accident can be well in excess of $10,000.00, leaving little to no room for ongoing treatment or pain and suffering.

Underinsured Motorist Coverage

As a result of these minimal coverage limits, it is important that you have under insured motorist coverage. This is insurance you purchase that covers excess damage in the event that the other driver’s coverage is not enough. For example, you get hit by a driver of a rental car and are injured. Your medical bills are $30,000.00 and your recovery was three (3) months. All the rental car company will pay to you is $25,000.00, leaving you owing medical bills and possibly being out lost wages and pain & suffering. However, if you have $50,000.00 in underinsured motorist coverage, you may be able to recover an additional $25,000.00 from your insurance company to help alleviate your losses.

Springfield Missouri Car Accident Attorney

Of course, the best bet is to not be involved in an accident while in a rental car. Springfield Missouri car accident attorney Joel Harris offers the following tips that may help a driver increase his or her confidence while driving a rental vehicle on unfamiliar roadways.

Reduce Accidents in unfamiliar situations

1. Be Aware of Traffic Laws in the Area

This is an essential tip particularly for people traveling outside the country. Aside from avoiding traffic violations, becoming aware of traffic laws allows drivers to know the traffic situation in a particular area. Roundabouts, strange traffic signs, or weird intersections may be present in some towns, and it will be easier for drivers to navigate these unfamiliar areas if they are knowledgeable about these features.

2. Be Aware of Your Surroundings

A herd of cows in the middle of the road may be a familiar sight for local residents, but it may be something new or surprising for visitors. Drivers from the south may find icy roads difficult to manage while city dwellers may not know how to handle traffic caused by farm vehicles. Drivers can prepare for any traffic condition if they are aware of the situation in a particular area. It is also advisable to know the weather conditions of a particular area before visiting it.

3. Be Aware of Landmarks

Drivers should be familiar with the map of an area they visit for the first time. While traveling, drivers should take into account the connection between notable landmarks and the map. Drivers can easily identify their location and reach their destination if they are familiar with notable structures.

4. Use a GPS

Many rental vehicles feature a GPS system as add-ons. Using a GPS add-on is a cost-effective method of avoiding getting lost.

Common Road Rules

1. Avoid Unexpected Direction Changes

Drivers should wait and find the next available exit if they miss an exit or turn. Unexpected changes in direction using a rental vehicle may result in illegal or unsafe maneuvers, which can endanger the passengers and other vehicles on the road.

2. Use Turn Signals Properly

When making a turn, it is essential for drivers to use the turn signal in advance to warn other drivers

Injuries can affect your daily life. Don't trust your future to
an insurance company designed to make money.

of an upcoming turn.

3. Slow Down

Being patient is necessary while driving on unfamiliar roads. Driving at a lower speed allows a driver to react appropriately to unforeseen obstructions on the road, such as curves, animals, potholes, and debris.

Check out Nixa Missouri Auto Accident Attorney’s web page for more information on what to do in an accident. Also look at Ozark Missouri Auto Accident Attorney’s law firm profile to learn more about the aggressive and powerful litigation techniques used by Harris Law. 

Rear-ended at an intersection?

Springfield, Ozark, and Nixa Auto Accident Attorney

Does this sound like you?

Rear-end Collision

You are on your way to (or from) work (school, store, etc...) and traffic is backed up. While stopped at a stop light you hear an unexpected crash from behind you. You immediately feel the force of a collision thrusting your car forward into the vehicle in front of you. During the impact your head is jerked back and then forward quickly. Your head barely misses the steering wheel as your seat belt (or airbag) catches you. Your entire head is numb, your arms are tingling, and your ears are ringing. Although you were stopped by your seat belt (or airbag), the impact of the collision was severe and took a tremendous toll on your body. You have just been involved in a rear-end collision, and according to the police officer who investigated the wreck, the at fault driver was inattentive. You may have suffered injuries to your neck, arms, shoulders, hands, and back.

Maybe you were the first hit. Maybe you were the last in a line of colliding vehicles. No matter your placement in the collision, your injuries are real, and you may be entitled to compensation.

Don't let this happen to you. If you were injured in an auto accident call Springfield, Missouri Auto Accident Attorney Joel Harris to learn your rights.

You decide to have a friend drive you to the hospital. It has been an hour since the collision and the pain is really beginning to take effect. 

Whiplash

Your doctors run a series of test and have diagnosed you with a Myofascial Lumbar Strain and Myofascial Cervical Strain which causes limited movement, throbbing pain and slow recovery. These are of course fancy terms for what is commonly know as whiplash. Even with limited treatment your medical bills will likely be thousands of dollars. Injuries such as these must be monitored as some never fully resolve, so be sure to follow your doctors orders on treatment.

Free Consultations

You will likely receive a call from the insurance company. In that call they may want to take your statement, have you sign a release, or even offer you money to settle. No matter the situation, your best bet is to speak with an auto accident attorney. Springfield Auto Accident Attorney Joel Harris offer's FREE consultations, and he doesn't get paid unless you win. Additionally, attorney fees are paid out of the recovery so there are no upfront costs or monies paid by you. Call 417-724-8003 or e-mail Harris Law (by clicking link) to schedule an appointment today. Harris Law will let you know up front whether you need an attorney and if they can help. Do not let the insurance company take advantage of you and your family.

No attorney fees unless we win

Springfield Auto Accident Attorney

Top Springfield Missouri Auto Accident Attorney Recognized

SPRINGFIELD AUTO ACCIDENT ATTORNEY RECOGNIZED BY ASLA

Springfield Missouri -

Local Auto Accident and Personal Injury Attorney, Joel Harris, of Harris Law, has been recognized as one of the top 40 Under 40 Criminal Defense Attorneys in the State of Missouri by the American Society of Legal Advocates.

Joel Harris began his practice in 2009 and since then has expanded from criminal defense into other areas such as family law and Auto Accident Litigation. Springfield Auto Accident Attorney Joel Harris uses his cross discipline knowledge and experience to help persons injured in an auto accident to receive the recovery they deserve.

There is no doubt that it is difficult to evaluate a lawyer’s performance in a multidisciplinary platform. So when you ask friends or family how they go about selecting the right attorney for a specific matter, you’ll probably hear terms such as “specialist,” “experienced” and “niche.” These are perfectly acceptable answers. Deep experience with specific industries, products and even courtrooms, “knowing the ropes,” has always been considered the litigation gold standard.

But if you ask the same clients, immediately after the case, what made their attorney effective and successful, you’ll hear a different story. They’ll likely tell you that it had less to do about “niche” and more to do about an expansive knowledge and preparedness. Springfield Auto Accident Attorney Joel Harris attributes his success in auto litigation to five key traits that he believes is paramount is a successful attorney.

1. Credibility. The first is credibility, the foundation of trust. Building a high level of trust with clients, judges, jurors and even opposing counsel is the cornerstone of effective representation. But it is a trait that is earned, not just learned. When a credible attorney tells a client he must be available on a certain day for a deposition with no exceptions, that client will listen. It’s simple: When you make a promise, you keep a promise. No exceptions. When that same attorney makes a promise to a judge or to opposing counsel, the promise is believed and kept. The time and cost of undoing agreements with any party is not only a time-consuming distraction, but it also diminishes the chances that anyone will believe the trial lawyer, no matter how experienced he is.

2. Civility. Litigation at its core is an argument. But it doesn’t have to be confrontational. Effective litigators understand that in the art of persuasion, civility is not only the high road, but can also be a powerful tool. Using hostile tactics of volume, anger and intimidation may result in a short-term gain, but tends to undermine an attorney’s long-term ability to persuade.  It can pull attention away from key witnesses and facts in favor of emotional reactions that are more difficult to control. And in the case of settlements, uncivil behavior tends to harm an attorney’s ability to negotiate in a reasonable time and manner with the opposition. There will always be a role for celebrity pit bulls, but the most effective trial lawyers fight relentlessly for their clients with respect, intelligence and grace.

3. Confidence. During the course of a trial, a lawyer makes literally thousands of decisions and assessments about risk, timing, pace, advantage, leverage and value. The Attorney makes most of these without the benefit of absolute certainty, knowledge or a complete assessment of the facts. To be effective in the midst of such a large gray area requires enormous levels of personal and professional confidence.  And don’t confuse confidence with false certainty or hubris. No decision can be certain and no lawyer is always right. But the most effective litigators learn by instinct to translate mountains of structured and unstructured information into clear and decisive action, often in the heat of a trial. This is a trait that is well developed in general practitioners. Understanding how key aspects of multiple areas of law intertwine helps make those spur of the moment decisions more accurate across the board.

4. Curiosity. The benefit of deep specialization in a narrow field of law or business often comes at the expense of broader perspective. Psychologists call it the curse of knowledge.  A general practice attorney will, “resist the narrow confines of deep specialties and maintain a relentless curiosity about the world they live in.” They possess an insatiable curiosity beyond law for a variety of topics and life experiences in science, art, psychology, physics and even pop culture. They have obscure hobbies and eclectic tastes. They know that solutions to courtroom challenges often come from the most unlikely places.  Juries and judges are rarely expert specialists. They are, by design, non-expert representatives of society at large. In general, courtroom communications are most effective if they’re on a fifth-grade level.  This can often frustrate specialists who struggle to relate their language and thinking to lay audiences. Relentless curiosity not only leads to innovative approaches and solutions, but also keeps the job of litigation continually fresh and exciting.

5. Competitive Spirit. What drives an effective trial lawyer? An innate competitive spirit. Effective litigators tend to take on every matter, large or small, as their must-win Super Bowl moment. To this trial lawyer type, there are no routine trials, meetings or even moments.  They thrive on the thrill of the challenge, not just the legal outcome. Competitive spirit comes in many flavors. But effective trial lawyers consider beating their opponents as secondary to the relentless pursuit of finding the simple, elegant trial solution. One trial lawyer calls it his “obvious surprise,” an insight that is immediately understood and familiar. Another calls it the “one simple thing” that can sway a jury, change the conversation and produce the right outcome. This type of fire in the belly never goes out. It helps trial lawyers take on the difficult cases with fearlessness, focus and seemingly boundless energy. These types are at their best when a case seems unwinnable. Just try and tell them that something is impossible. They can’t help simmering on your matter 24/7, on the soccer field, driving in traffic or at 4:00 in the morning.  For clients, it’s added value. For opponents, it’s an unfair advantage.

Many factors go into choosing the right trial lawyer, and conflicts and costs can limit your options. Of course experience matters, but it is far from the only measure. The most effective lawyers don’t just lean on their experience. They use it to enhance their five key traits and continually improve their craft. Learn more about Springfield Auto Accident Attorney Joel Harris at www.SpringfieldAutoAccidentAttorney.com.

CONTEMPT OF COURT

How do I enforce the Court Order?

I often get the question, "What do I do when my ex-spouse doesn't follow the parenting plan?" It is a great question, but the answer isn't always what you want to hear. The short and simple answer is, "hire an attorney." I know it sounds awful. You went through all of this trouble to hire an attorney to get a divorce and parenting plan in place, and now you have to go back to Court just to make your ex follow it? I get it, I really do! However, there is a bright side. If your ex-spouse is found in contempt of court for failing to follow the court order, then you may be entitled to get your attorney fees paid. 

WHAT ARE THE GROUNDS FOR CONTEMPT OF COURT?

“(1) there is an actual violation of the court's order and either, (2) the alleged contemnor was able to comply with the court order, or (3) the alleged contemnor intentionally and contumaciously placed himself in a position so that he could not comply with the court's orders.”  

In applying this standard, the movant (the person filing the contempt action) bears the burden of demonstrating a violation of the court's order. It is then up to the alleged contemnor to prove the inability defense by establishing that he or she did not intentionally bring about the inability.

WHAT ARE THE PENALTIES FOR CONTEMPT OF COURT?

The Penalties for being found in contempt of Court are fairly steep and include compensatory time, posting of a bond to ensure compliance, payment of damages, payment of attorney fees, and even jail time. The person being held in contempt is said to “hold the keys to the jail” as their release may be conditioned upon payment or compliance of the Court Order. 

Learn more by going to Harris Law Online!

Did You Win The Keurig? Vote April 2nd Harris for Judge

  DID YOU WIN THE KEURIG?

I wanted to thank everyone for coming out the Nixpo. Our booth was a huge success. This was our first year at the Nixpo, and I must say I was very impressed with how much support the event is receiving from the community. As many of you know, you could register to win a Keurig coffee maker at our booth. Many stopped by to register, but only one person could win. Congratulations to Karen Wilcox! 

 

Many of you that stopped by had legal questions, or were interested in hiring an attorney for problems you were experiencing. Our office offers FREE consultations, so we can determine the extent of your legal needs and decide if we are a good fit. As Nixa's only general practice law firm, there are few options available local. It is for that reason that we engage is a variety of legal fields, If we are unable to assist you we don’t just send you on your way. We take the time to find an attorney that can help you. We then directly connect you with that attorney, so you can avoid that awful run-around feeling.

 

Finally, I wanted to remind everyone to get out and vote April 2nd. As many of you know the City of Nixa will be having an election and I am on the ballet as running for Municipal Judge. I don't take this position lightly. I think it is important that the City of Nixa continue to develop its Municipal Court in order to keep up with the rapid growth of the city. If elected, I will focus my efforts on deterring crime, reducing recidivism (repeat offenders), and developing a community service program that will benefit the community.

 

I have had a great opportunity to meet with local law enforcement, and I have listened to their concerns. I think it is important that the community develop a partnership with local law enforcement and that those efforts be supported by a Municipal Court. I am asking for the opportunity to do that.

 

 

I hope to get your vote April 2nd!

 

 

Joel T. Harris

Attorney at Law

 



The phantom driver!

DOES THIS SOUND LIKE YOU?

You are driving along, minding your own business, when out of nowhere a car slams into you; running you off the road and into a ditch. You didn't even get a good look at them before they zoomed off, never to be seen again.

 

Think it couldn’t happen to you? You might be surprised to learn that close to 11% of all accident reports to police, are hit and run incidents. People are all too willing to run from the scene in hopes that they can avoid responsibility. In many cases the driver is intoxicated, uninsured, or otherwise in trouble with the law.

If this happens to you the first thing you should do (other than seek medical attention if needed) is contact the police. Make a report and provide as much detail about the other vehicle as possible. In some cases the police can track the driver down. The driver may be charged with the Class A Misdemeanor of “Leaving the Scene of an Accident” and could see a substantial fine, loss of license, and even jail time.

 

However, catching the driver doesn’t always help, and in some cases the driver has vanished, leaving you with medical bills and damage; or have they? You have encountered the phantom driver, and in the state of Missouri this accident may be covered on your uninsured motorist’s policy, even if you don’t know who the driver is.

 RSMo 379.203 states:

1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, or in the case of any commercial motor vehicle, as defined in section 301.010, any employer having a fleet of five or more passenger vehicles, such coverage is offered therein or supplemental thereto, in not less than the limits for bodily injury or death set forth in section 303.030, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Such legal entitlement exists although the identity of the owner or operator of the motor vehicle cannot be established because such owner or operator and the motor vehicle departed the scene of the occurrence occasioning such bodily injury, sickness or disease, including death, before identification. It also exists whether or not physical contact was made between the uninsured motor vehicle and the insured or the insured's motor vehicle. Provisions affording such insurance protection against uninsured motorists issued in this state prior to October 13, 1967, shall, when afforded by any authorized insurer, be deemed, subject to the limits prescribed in this section, to satisfy the requirements of this section.

If you have been the victim of a hit and run, even if you don’t know who the driver is, you may want to contact an attorney to learn more about your legal rights under your insurance policy. Contact Joel T. Harris at Harris Law to learn more and set up a free consultation.

RELOCATING WHEN KIDS ARE INVOLVED

Often I am confronted with the issue of relocation by one parent bound to a parenting plan. Sometimes I am asked before the parent moves, other times it is too late. My answer in either situation is this, “Strict Compliance”. What exactly does that mean? Exactly how it sounds. You cannot relocate unless you have strictly complied with the statute.

RSMo 452.377 states:

452.377. 1. For purposes of this section and section 452.375, "relocate" or "relocation" means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.

2. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.

 The problems most often encountered are:

“I can’t give 60 day notice”

“I don’t know the address”

“I don’t know when I am going to move”

“The other parent will not cooperate with a new schedule”

While the list goes on and on, be rest assured, the Court has heard it before. The truth is that relocation isn’t easy when a parenting plan is involved. Parent’s that constantly find themselves in conflict with each other can expect to have a fight when they attempt to move.

The statute goes on to say:

3. A party required to give notice of a proposed relocation pursuant to subsection 2 of this section has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known.

4. In exceptional circumstances where the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the court may order that:

(1) The specific residence address and telephone number of the child, parent or person, and other identifying information shall not be disclosed in the pleadings, notice, other documents filed in the proceeding or the final order except for an in camera disclosure;

(2) The notice requirements provided by this section shall be waived to the extent necessary to protect the health or safety of a child or any adult; or

(3) Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

5. The court shall consider a failure to provide notice of a proposed relocation of a child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

6. If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing.

7. The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.

8. If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file a cause of action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

9. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

10. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants* otherwise; and

(2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

11. After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.".

12. Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

13. Any party who objects in good faith to the relocation of a child's principal** residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

Each of the above mentioned problems encountered are covered by the statute, even if it is not obvious. If you are thinking of relocating, contact Harris Law and set up an appointment to speak with an attorney. For a nominal fee an attorney can help you better understand the statute and case law that make this process so difficult.

Newsleader Nominates its "BEST"

Once again Harris Law, LLC did not make the list of the elite to be named in Newsleader's "Best" of the 417. However, we are not discouraged because there is always the elusive write in vote. 

The process is simple: (1) click on the link HERE. (2) Log in and fill out the survey. (3) click submit. Simple enough. It will take between 5-10 minutes and you will be required to choose among the best of the best... or will you? While voting this year it was clear that some were destined to win. Check it out yourself. Some names are bold, some have astriks, and some are the only option. I urge you to defy the system and do a "write in". After all, you will need to in order to vote "Joel Harris" as 417's BEST attorney. However you decide to vote for, make it count. Afterall, these are bragging rights... something to place on the wall to impress new clients.

Did you get a traffic ticket? What now?

From time to time I hear comments or see posts on facebook or twitter from “innocent people” (the truth is Missouri Drivers are the second worst in the nation) about the ticket they recently received and their newly damaged “record”. And the question comes up, can I beat this? There are a variety of different options for a person that receives a ticket, but few of them are actually “beating” the ticket. Here are some potential choices:

Option 1: pay the ticket. While this option is a tough pill to swallow, it is certainly the quickest and easiest way to handle the matter. However, this option will have the greatest effect on your “record” and in the long run could end up costing you more money. While you do not have the cost of an attorney, the cost of your insurance rate increase over the years will exceed attorney fees many times over.

Option 2: Negotiate the ticket yourself. This option will require you to take off work and appear on your own behalf to negotiate the ticket yourself. In many cases you will be able to speak to the prosecutor and come to a plea agreement on the ticket. However, don’t be surprised if they offer the same deal as listed on the back of the ticket. The reason for this deals purely with your ability to recognize an appropriate disposition to the cause and your lack of negotiating power. However, under the right circumstances this option could potentially be the best route, but it could also be the worse.

Option 3: Fight the ticket. Whether you are fighting the ticket yourself or with the aid of an attorney, this option is rarely fruitful. At any level, your chances of winning are greatly increased with the aid of an attorney. However, while your ego may receive a boost from beating the system, your pocket book will take an even bigger hit. And I will go ahead and answer the question that comes up in these cases, “No, you cannot sue the state to get your money back from having to fight an invalid ticket.”

Option 4: Hire an attorney to negotiate. While it may seem bias due to my profession, this is clearly the best option. In the process of doing such an attorney can usually have one of two different outcomes:

1.       SIS – A suspended imposition of sentence is a great outcome that places you on probation for a period of time to be determined by the court. This is a great option because it does not include a fine and if you complete the probation period without further violations, then it never becomes a formal conviction against you. However, there are risks that you receive an additional ticket.

2.       Amend – This is the most common result of an attorney negotiating for you. In this option the Prosecutor will either amend the charge to defective equipment or a lower speeding resulting in no-points. These options are great because they result in no loss of points on your record, but the downside is that a fine usually is imposed.

No matter the option you choose, it is always best to consult with an attorney. Most provide free consultations and they can answer quickly how they can help you. Remember, most attorneys will charge around $150.00 to handle a ticket, and in most cases that means you never have to go to Court and the matter is resolved in the best way possible. Increased insurance rates, days off work, and points on your license could have devastating effects, so don’t just accept what the officer says and “pay it”. The extra $150.00 now, could pay off big in the future.

Holiday Tips for Divorced and Separated Parents!

With the Holidays upon us it is time for cheer and goodwill, but for divorced and separated parents this time of the year is stressful. Immediately the phone starts ringing and words are exchanged. Your plans for a happy and relaxing holiday just got more difficult with the addition of a custody exchange to your itinerary. However, things don’t have to be so gloom. As a family law attorney in Springfield Missouri, I have witnessed some of the best and worst parents out there, and patterns start to develop that can help divorced parents make the holiday time a little better, not just for the children, but for everyone.

Let’s start with a simple idea. The best divorced parents out there have one thing in common: THEY HAVE NO IDEA WHERE THEIR PARENTING PLAN IS! How does that make you a good parent? Parenting plans are restrictions; guidelines for what parents should do if they can’t come to an agreement. The best parents are able to set aside their differences that caused the divorce or separation, and focus on a schedule that is best for the kids. It isn’t always what you want, but if you are a parent you have already learned that your needs are no longer important. What matters most are the children. If you are one of the parents that don’t know where your plan is or what is in it, then you can stop reading, because the rest of this blog is going to focus on the rest of you. Here are a few tips to make the holidays easier:

1.       Communication: Prior to the exchange make sure you communicate with the other parent so you are both on the same page as to upcoming exchanges. However, communication doesn’t stop there. The other parent will want to know where you will be staying and a basic itinerary, if traveling. Remember, they are not trying to be nosy; they just want to know where their kids will be. Provide such willingly and have a phone number they can be reached at. It is a good idea to have this typed up and prepared before the exchange.

2.       Agreement: When discussing the holiday schedule make sure that all parties are on the same page. There is nothing worse than having different ideas on what is to occur so make sure the two of you fully agree on what is to occur. If the parties are high conflict, this may require each to pull out their parenting plan and go over it in detail. Many attorneys would gladly review the document for little to no fee so do not hesitate to ask.

3.       Inform: Once the parties have reached an agreement and communicated such to each other, draw up a holiday schedule and send a friendly reminder to the other parent. This will serve as a confirmation and allow both parties to work off the same calendar. Additionally, you should post the Holiday schedule in your home so the kids can see it and know what to expect. Remember, when discussing schedules with your children it is important not to give them the power to decide. Transitions should be smooth and the only surprises that should take place, are those found under the tree on Christmas morning.

4.       Adapt: Being a parent means being able to adapt to the situation. Remember to be flexible during the holiday season as not everyone will plan as well as you. The same family members that just dropped in from out of town or who always showed up late while you were married is still up to their antics. As a result, don’t punish the kids by enforcing a rigid schedule. It may be the only time of the year the kids get to see that family so make it work.

5.       Consideration: Consider your family during this time. When the two of you decided to split, you didn’t ask your family’s permission. However, you should ask permission when making your holiday plans. Make sure that you don’t add too much pressure to your family to be when and where you want them. The season is stressful enough and you don’t want your own family upset because the world now revolves around your divorce.

These are just a few tips and they may not apply to your situation, but remember this, divorce and separation is never easy and you cannot continue to live your life the way it was before. Expenses need to be cut back, activities cut in half, and understanding and cooperation doubled. Whatever your situation may be, you should always consult an attorney before taking drastic action.

DON'T ALWAYS BELIEVE WHAT YOU THINK

Recently I had the opportunity to be lead counsel on the largest white collar crimes case tried by the Attorney General’s office in three (3) years. It was an eight (8) day jury trial that cost tens of thousands of dollars and left 12 jurors deliberating for a day and half. Needless to say, it was a daunting task for any criminal defense attorney. When all was said and done, and the dust had cleared, the Defendant, Edna Kay Jackson, was found guilty on seven (7) counts, not guilty on four (4) counts, and received a complete dismissal on the 12^th count. We considered it a victory under the circumstances, and the Defendant now stands a chance of little to no jail time in the wake of the conflicted jury.

However, not everyone will get that story. Initial news coverage reports Jackson to be guilty as charged, with little hope of alleged victims seeing restitution. While the story was better, the truth was lacking, and from the depths of this spin of the truth comes the wayward misconceptions of the public. One particular member of the public was a family member, choosing to give me the silent treatment, and speak poorly of my profession. Again I am disappointed at the perpetual chain of misconception brought forth by the misrepresentations of the media.

Let us be clear that the purpose of the law is to provide justice, not just for victims, but those accused. Just recently my wife found herself wrongly accused of a seemingly meaningless act; a traffic violation that would go uncharged, but would create a sense disappointment in our law enforcement by an otherwise trusting person. I too witnessed that same disappointment in the jury panel of this trial. Of the close to 100 people on the potential jury panel, nearly every hand was raised when asked the question, “Does the fact that the defendant is charged with a crime, make her more likely guilty in your mind?” A yes answer here leaves me deflated and concerned that our system of “innocent until proven guilty” not only lacks in reason, but in application. If not for family members that judge without knowing, if not for media who spins the truth, if not for citizens who assume the worst and have misplaced trust in our government, do we even need attorneys?

I set here today confident in our legal system, but weary of our masses. I only urge the public to do their research and believe what they know, not what they think.  

Teacher denies students friend request... Student falls into a bout of depression...

A new Missouri law that prohibits teacher-student conversations through social networking sites, such as Facebook, was set to take effect today, but instead came to a screaming hault when Cole County Circuit Judge Jon Beetem issued a preliminary injunction on the law. Facebooking experts declare that this type of love relationship between Judges and Facebook posters should be "FBO" (Face Book Official). However, don't be too quick to change your relationship status. The freeze on the law is only temporary, and may meet a formidable opponent in the public policy of the state of Missouri.

The challenge to the law is constitutional, and works like this: (1) You rights as set for in the bill of rights, such as freedom of speech, only protect you from violations by the state (government); (2) In cases of clear violations (a law limiting freedom of speech) the state can justify their encroachment by showing the law is needed (meaning it is really important) and that there is no lesser intrusive manner of achieving the purpose.  And the fact is we do this all the time. Take for example laws preventing people from inciting riots in a public place. While the law clearly limits speech, it is clearly more important that public safety be maintained, and there is no lesser intrusive way to do that then stopping the source of the riot.

That being said, law makers are faced with a big problem. Social media has become the nightclubs of our generation. The only problem is that you don’t need an ID to get in and lying about your A/S/L (Age/Sex/Location) is not only easy, but common. And let’s not pretend it isn’t easier to say those things you would never say in public. And to go along with it, there exists a photo album of pictures limited only by the discretion of the poster and a rating system that is less than perfect.

On the flip side, social media outlets have provided the type of contact and at home interactive tools that teachers have been wishing for. Being able to communicate changes to assignments, monitor progress, and conduct out of class discussions on course material has never been so easy. Tools that were only available to military and major corporations 20 years ago, has now become so common place that we all contain it on our phones.

Therein lies the rub. When in conflict, does a person’s right to free speech override the states duty to protect children and teachers from inappropriate contact? Governor Nixon and Judge Beetem seem to think so. And they may find themselves confronted by dozens of parents whose children have become victims of these social media sites. At any level, this debate is far from over.

If you are a teacher or a student that has been affected by this law or has found yourself in the middle of a social media scandal, then I would suggest finding an attorney. Harris Law, LLC has experience in dealing with the criminal face of this topic and is ready to advise you on your rights. Keep this in mind, social media crimes often times result in a sex crime charge. These types of charges are generally felonies and may result in a person registering as a sex offender for life. What makes matters worse is that sex crimes are often times based on false allegations. Go to http://www.harrislawonline.com/ to learn more about your rights.

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DWI by Drugs

If you have been pulled over and given a ticket for DWI by drugs, then your chances of winning at trial just got a whole lot better. Springfield Missouri DWI Attorneys know the steps you should take in winning a DWI by drugs case. Contact an Attorney immediately if you have been pulled over or ticketed for DWI.

Step One: Remain silent. You have the right to remain silent so do not offer information that will ultimately lead to the prosecutor making their case against you. Many believe that if they tell the Officer what they want to hear, then they will let them go. That simply isn't the case, especially when you are dealing with a potential DWI charge. The process of questioning and testing is simply designed to help them build a case against you, so try not to help too much. (said sarcastically). And yes, that also means that you should not agree to perform simple field sobriety tests. The tests are never simple and almost always lead to an arrest and ultimate conviction of DWI.

Step Two: Contact an Attorney. You also have the right to an Attorney so make sure you take adavantage of that. An Attorney can provide you with the information needed to get you through the difficult process and at the same time can strategically lay out a case that will result in a finding of NOT GUILTY. You will also be given an opportunity to contact an Attorney before being asked to submit to a sample of breath, blood, or urine. While in many cases it will be difficult to reach an Attorney because of the time of day in which the alleged offense occurs, that doesn't mean you shouldn't try, an Attorney may just surprise you. That Attorney can further advise you on whether to submit to any further testing.

Step Three: Set back and wait. The fact of the matter is that these cases are hard to prove by prosecutors because they require the testimony of a DRE (Drug Recognition Expert). Most officers are not trained in such, in fact there may only be around one (1) - three (3) DRE's per police force in the area, and some police forces have none. Make sure you inquire of your attorney their knowledge of the role a DRE plays in a DWI by Drugs Case.

No matter, the situation, you are always better off consulting legal advice. Just make sure the advice you recieve is sound. Springfield Missouri Attorney Joel Harris, may be just the Attorney you need to make your life a little bit easier.

Texting and Driving in Missouri... Is it legal? Can I get in trouble? Will I get caught?

Currently texting and driving is only illegal for persons 21 years of age and under. However, new legislation recently was passed, by an overwhelming majority, through the Missouri House of Representatives that would make texting and driving illegal for everyone, exceptions noted. What does this mean? While the Senate still must pass the legislation, it may mean that our roads will soon be safer. Safety issues aside though, how do you enforce legislation like this, and what will be the actual impact on citizens?

We have all been driving down the road and pulled up next to that person barely paying attention to their driving as they text vigorously on their phones. I usually give them a little honk to say hello. And while an officer viewing the crime of texting and driving would certainly be enough, rarely will they get that opportunity. The fact of the matter is, that all of us, whether guilty of a crime or not, straighten up when the law is around. The simple sight of an officer in your rear view mirror is enough to make you extra vigilant in your driving. Likewise, people put their phones away and do their best to keep it between the mustard and the mayonnaise. But once that officer is gone, back to the phone they go, with little concern for the law.

Legislation such as this is almost impossible to enforce. The evidence at trial is almost always he said she said testimony and the officer generally will win that battle. That being said, how do I beat a texting and driving ticket at trial? The safest bet is to make sure that you always have someone with you who can testify t such. While an officer has no motivation to lie, two people's testimony is almost always more powerful and the two individuals in the vehicle would certainly have more knowledge on the matter. But even further proof would be in the phone records themselves. Make sure that the officer notes the time of not only the stop, but the alleged law violation. If your phone company has done their job then you could show easily that you were not texting at the time of the stop.

Whichever courses of action or strategy you decide to take remember to always contact an attorney to assist you.

The choice of an attorney is an important decision and should not be based solely on advertisements.

http://www.harrislawonline.com/ 

Should I testify at trial?



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Mark Twain once said, "If you tell the truth you won’t have to remember anything." Never is this so true than in the Court of law. I have had an unusually high number of trials lately; most cases simply never get that far. However, with trials comes the inevitable struggle over truth. The most amusing aspect being those people who have decided to lie, but could not commit to it. There is a special place in the Guinness book of idiots for those people, the cover.

Lying never really gets you what you want. At best it gives you a lifetime of worry and covering your tracks. So why is it that we decide to lie so often? Many believe it to be compulsive while some point the finger at shame. I think people are just scared. Scared of what might happen, of what people might think, of what Judges might rule. While these concerns are legitimate it doesn't justify the end.

No matter your situation I ask that you consider your words. Quick responses aren’t always necessary, and many times end up in disaster. Hold tight to the idea that a person is only as good as their word, and try to be the best you can. I give my client's three (3) rules to follow when testifying in Court. (1) Answer only what's asked. The more you talk, the more you lie, and you shouldn’t assume you know the direction the attorney is taking you. (2) Don't play games. The simple truth is that this is a game you can’t afford to lose, and knowing that the attorney has all the rules and you don't make that prospect just too risky. Finally, and most importantly, (3) always tell the truth. A person who tells the truth never has to remember the facts, and most often, that’s why you are there. Those little hesitations in your voice are what gives it away, so make sure to be confident in your answer. There is nothing worse than telling the truth, and no one believing you.

To that end, I feel like I can learn more about a person in a trial than I could in any other setting. Not because of what they tell me, but rather what they don’t tell me. The truth is sometimes ugly, but it is always better than a lie.

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Joel Harris is an Attorney in Nixa, MO and serves the Springfield area. He engages in a variety of different legal activities including Divorce & Custody, Criminal Law, Traffic & DWI, and Auto accidents.

The Separation of Church and State, what does it mean?

     A friend of mine posted on facebook this morning that our nations additions of "God" to our countries pledge, currency and motto, are in direct defiance of the words of George Washington and John Adams, who purportedly state that the USA is not a Christian Nation. While I disagree with the statement as a whole, I could agree with the premise that the USA is not a Christian Nation. As the son of a preacher, raised in the gospel, I can feel the online cringe of ye fellow Christians. However, as a man of the law, and one of reason, I must expand.

Our country is not a Christian nation, rather, it is a country built by Christians. The purpose of the separation of church and state were not to take God or moral decision making out of our government. Instead they are used to give credence to the idea that this is a free nation. Government and Church are to be governed separately, but like any fluid concept it is understood that the two must co-exist. How is it that we can develop laws or punishment without the guidance of morality? How is it that we can lead spiritually without the legal protection to do so? While the two are separate they are not void from each other’s workings. We find government in every aspect of the church. We find church in every aspect of the government. Not as a gold standard of decision making, but as guidance and a source of strength.

People and organizations such as the ACLU do not seek to remove religion from government. In fact, just recently they procured Muslim rights of prayer for workers, and even were present during the mosque discussions at ground zero. Instead, the ACLU and like minded supporters seek to take “God” out of government. A distinction that contradicts our very existence as a free country.

The truth is simple. We as a people have been drawn to a Christian faith that provides the type of moral guidance that helped build America. The important thing to remember is that God understood the importance of free will and with that gave us the decision to blaze our own path. We too as a country have adhered to the concept of free will. However, that free will should not be threatened by the mere existence of religion in government, rather, it should be threatened by our removal of religion from government. For a nation without religion is no nation at all. It will only be a group of people seeking guidance from those most powerful. And with that gives the fall of humanity.   

First time up!

Went to court this morning... argued... Came to the office... put out fires... taught my class... molded the youth of America... Yeah right. What seems entirely illogical about our day to day lives is the constant conflict we find ourselves in. In highschool we think, "it's just highschool, it will get better when I'm older". When we are older we think, it's just a bumb in the road things will get better when I get a new job, or make more money, or find the right person. The sad truth is that it never does, nor should it. Without conflict I would be without a job, and your life would be boring. Being an attorney has helped me focus on whats important. I took the good with the bad, and try to keep both in check. Now I wait... exhaustion being my companion. But I know, that if I persevere and hold close to those people most important, then I will arrive at my destination. Where is that? No one knows, which makes this journey more of a road trip than anything.