Entries Tagged 'Cars' ↓

The United States participates in an international agreement with many other countries that allows visitors from those countries to legally drive in other countries.  You should check the embassy website of the countries you’ll be wanting to be drive in to see if they honor your American license.  If you are renting a car, some countries require an International Driving Permit.  This permit can be obtained through the American Automobile Association (AAA).  It simply requires a valid driver’s license and, of course, a “nominal fee.”  If you’re going to be stayign for an extended period of time, it’s best to go ahead and get the IDP.  You never know when a country will consider your “visit” to be “permanent.”

Don’t drive!  Cops really really really hate this.  If you have a suspended or revoked license and are caught driving, you are basically flaunting the law.  Judges aren’t fans of this either.  If you are pulled over, you will most likely be arrested on the spot.  There is usually a huge fine (> 1K) and possible jail sentences.  It may even be filed as felony, thereby tainting your record.

There are three methods the police usually use to determine whether an individual is too impaired to be operating a vehicle (vehicles include bicycles). They are as follows, in order of usage by the police:

• Observation – Most of the time, this is what initiates the police’s action.  If they observe a driver swerving in and out of their lane or speeding, this is sufficient to pull the driver over.  Once the officer pulls the driver over, the officer can make a better assessment of why the driver was driving in that manner.  If the driver has blood-shot eyes and reeked of gin, there’s no chance, the officer will continue with the next method.
• Sobriety Tests – The officer will make the driver perform some mental and physical tasks; ones that require intense concentration and/or physically balance/dexterity.  They including asking the driver to recite the alphabet backwards (freakin’ hard) or balancing on one foot for 30 seconds or asking the driver to follow a pen with his/her eyes.  If you can’t recite, can’t balance, or can’t follow (smoothly and naturally), the driver is in deep doo-doo.
• Blood-Alcohol Level (BAC) Test – There are multiple ways to perform this test.  It can be done by testing urine, breath, or blood.  Testing by breath (Breathalyzer) is usually done on-site.

In the end, most arrests will result in some sort of BAC test.  That is the quantitative evidence that will seal the deal.

Unfortunately for you, yes.  They can perform a thorough search of your vehicle and all contents in your vehicle.  This applies even if your car was towed for parking in a fire lane or if your car was stolen and subsequently found by the police.  Unless there is a reason/cause (e.g. they find bricks of coke in your backseat), it probably won’t happen. The good news is that the police can’t just go around impounding vehicles for no reason.

Now that you’ve been pulled over, what should you say?     The answer is, NOTHING.  Let the officer do the talking.  Only respond with non-incriminating language.  Do not admit anything.  If the officer asks you why he pulled you over, say “I don’t know.”  More than likely, the ofifcer will ask for your license and registration.  In most cases, the officer has already made a decision on whether to give you a ticket or not.  You can only hope that your politeness and cooperation will make the officer not give you a ticket.

This should be common sense, but don’t act a fool. They appreciate it if you pull over to an area where they can safely exit their vehicle and approach your vehicle; no blind curves/hills. Basically, they don’t want something like this to happen.

Once you’ve pulled over to the side of the road, don’t get out your car, don’t start yelling and screaming, and don’t go rummaging through your car (they may think that you’re looking for a weapon). Turn off your engine, turn on your interior lights, roll down your windows, and put your hands somewhere in plain sight (e.g. on top of the steering wheel). The police is usually just as nervous and scared as you are during a routine traffic stop. You’ve seen all of those videos of what happens when traffic stops go wrong.

The police officer will likely ask you for your driver’s license and vehicle registration. Calmly obtain these items. If you need to reach an area that is probably not visible to the officer (e.g. under the seat), tell him/her what you are doing and do it slowly.

Lastly, be courteous and polite. Of course, there are some things you should and shouldn’t say during this very important conversation. I’ll write about this next …

Sometimes things don’t go your way. If the ruling isn’t binding, you can always sue to the manufacturer. You can include all sorts of damages in your claim; from having to take time off of work to fix your car and attend the arbitration hearing to, of course, the extensive “pain and suffering” incurred. But seriously, unless you’re really getting screwed, it’s probably not worth it. All the additional time and headache/heartache probably still wouldn’t make you happy. Plus, you’re chances of winning aren’t too great unless you can overwhelming prove to the court that the arbitration ruling was inappropriate. The manufacturer will probably even use the arbitration ruling against you in court. Lastly, while the satisfaction of beating the manufacturer in court is priceless, you may be worse off financially after all this is over. In all likelihood, unless you’re a baller, you’re probably fighting over a $20K Honda Accord … and probably over just the difference between the arbitration ruling and/or manufacturer settlement offer and your claims. Do the math before involving the lawyers … especially if you lose, you would probably have been better off not going to court in the first place!

There are several types of lemon law arbitration programs.  They include  auto manufacturers’  in-house programs,  American Automobile Association (AAA) or National Automobile Dealer’s Association (NADA) programs, state-sponsored consumer services programs, or Better Business Bureau (BBB) programs.  Guess which one usually works out in favor of the consumer?  Not surprisingly, it’s not the one funded and ran by the manufacturer itself.  It seems kinda unfair that they would be able to offer their own program.  The state-sponsored consumer services programs are usually the best for the consumer.  Unfortunately, you usually don’t get to pick which program you’ll be using.

During the arbitration hearing, the arbitrator will essentially act as a judge; just like Judge Judy on tv.  Again, it’s best to come prepared.  All your evidence/documentation regarding the repairs will be crucial to proving your case to the arbitrator.   This is your one chance to prove to a (supposedly) independent 3rd party that your claims are valid.

The arbitration process is very lengthy.  State laws says that the arbitrator has 40-60 days (depending on the state) to come to a decision.  It may also take a while for actually get a hearing.  While most states allow you to keep using the car (you do need to get to work after all), it may not look so great if you continue to drive the car during the process, particularly if the claim has to do with a safety issue.

If you’ve determined that your car may be considered a lemon according to your state’s laws, then you just may be able to get a refund or a replacement vehicle. Did you know that you actually deal with the manufacturer instead of the dealership you bought the car from? Regardless of what state you’re in, you’re supposed to notify the manufacturer to begin the process. It’s good to also send in all your rationale (e.g. documentation showing attempts at repair, etc). The more organized and “official,” the more likely it will be considered seriously.

If the manufacturer agrees with your claim, you will be offered a settlement of some sort. It will probably simply be a replacement vehicle. If some reason you are not satisfied with the settlement offer, most states require that you go to arbitration first before you can take the manufacturer to court.

Your brand spanking new car is a lemon. Well at least you think it is. Every state has different regulations regarding what can be considered a lemon. However, there is a common theme across all of them. You should be able to make that determination of whether it is worth pursuing action (via the law or fire bombing the dealership … ok, please don’t do the latter, it was a joke).

A new car is a lemon if there have been multiple attempts to fix a given significant defect. A significant defect is one that adversely affects the car’s value, usage, or safety. It could be that turn signal doesn’t work (definitely a safety issue) or that the power windows sometimes randomly goes down (annoying and definitely affects the usage). That minor squeek that only you can hear when going 10+ mph over the 3 inch speed bump in the Wal-Mart next to the local mall while listening to Top 40 hits does not count. If that’s you, that probably just means that you are a car hypochondriac.