Cimasi Law Blog

Amherst rental property owners already know that each party to a lease agreement has certain rights. Even so, some landlords may believe that once they initiate eviction proceedings, they are guaranteed to win. The truth is that may not always be the case. Tenants do have some defenses that could change the outcome.

It may be tempting to accept even partial payment for rent when a property owner believes a tenant has breached his or her lease agreement. Accepting such payments could waive the right to evict. It may be possible to have the tenant sign an acknowledgement that making a partial payment does not waive the property owner's right to proceed with an eviction.

Like everywhere else, police officers here in Amherst are tasked with protecting and serving the public. While it may seem like more of an annoyance, handing out tickets for traffic violations is part of that duty since it helps keep the roads safe. Even so, there are times when violating traffic laws such as speeding do not jeopardize safety or may be necessary. For this reason, not every speeding ticket should be paid.

Of course, in some instances, the person accused of speeding may not have been the guilty party. Radar guns are not foolproof, and an officer's gun may have been reading the speed of a similar vehicle. Moreover, like any other electronic device, radar guns do not always function properly. If a driver knows that he or she was not exceeding the speed limit, it would be within his or her rights to challenge the ticket.

Going to college is often the first real taste of freedom that young Amherst residents receive. As a result, they often make mistakes that could interfere with their ability to continue their academic careers. Some of those mistakes result in being charged with a crime, which not only puts them in a position of needing assistance with the criminal court process, but also with the administrative process of the college or university.

Even if the criminal charges filed against your college student do not result in penalties, simply being arrested could trigger the administrative hearing process at the college or university he or she attends. Depending on the outcome, your child could end up suspended or expelled, which could derail any plans for the future. For this reason, these hearings should be taken just as seriously as the criminal charges.

Losing someone suddenly and violently can take its toll on anyone. Far too many New York residents face this situation each year, and many of them work in high risk occupations such as law enforcement or firefighting. Losing a colleague under these conditions often feels like losing a member of the family. Even under these circumstances, it is not a good idea to drive while impaired since police probably will not care that the individual is grieving and could make a DWI arrest.

For instance, a firefighter in the Big Apple left the funeral of a colleague who fell to his death while trying to save the victims of a car accident. As he drove, his vehicle hit and injured a pedestrian. When police arrived, they say they smelled alcohol on him. To make matters worse, the 36-year-old was driving a vehicle owned by the firefighters union and was wearing his full dress uniform.