Latest / Ask the Lawyer / 12/21/2023 Ask the Lawyer with Tom Peyton

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12/21/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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power of pason on your side, the power of me. It is a
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twenty two on five ADWCCHS the Voice of Charleston and Good Thursday morning to twenty
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first day of December twenty twenty three. In in the studio with me this
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morning is Tom Peyton, now the Peyton Law Firm in Nitro. Three oh
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four three four five fifty eight fifty eight. Number to call three oh four
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three four five fifty eight fifty eight in questions about the law. Three oh
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four three four five fifty eight fifty eight Tom good morning. How you doing.
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I'm doing great. Jeff, how you doing. I'm doing well.
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Good to see you. Getting ready for the holidays. Yeah, Christmas.
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So I'm my usual. I got on it real early on the internet and
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I'll knock this out. Well that that momentum wane, and then I still
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got to do a little bit of shopping. But uh, that's all.
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I have to go into a real store instead of sitting at my desk and
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clicking button. They like to see men coming in. Oh yeah, the
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last couple of cause men aren't looking, men are buying. Well, it
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gives me a good excuse to go to the new target in Tays Valley.
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There you go, Here you go. We'll check that out. Making progress
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in Tays Valley. There no glad to be here. Hopefully get some calls
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kind of following. Our Mountaineers played last night and basting the game because I
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was playing my outdoors or my indoor soccer league where I play or try to
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play. But uh, I guess we lost on the last second shot.
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They can't. They have a tough time playing defense. And now Jesse Edwards
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out, they have a tough time rebound. Right. They got out rebounded
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by Rafford right by Yeah, like eight or nine, Yeah like that.
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Yeah, forty some rebounds. That those some rebounds. So that's too bad.
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We're gonna go up to the game Saturday and see, you know,
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it's a one o'clock game, so it's an easy up and back. But
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uh, just real unfortunate right when we get things set for our players to
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come back. First, Rake one Battle had the flu last Saturday, right
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when he could play and couldn't play. And then in that game, Jesse
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Edwards, then our kind of star center, uh, fractured his rest and
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I thought, well, maybe it's just a slight but I guess they did
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surgery. So that's gonna be a good month before him comes back. And
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that's a real, real hole. But uh, but in the meantime,
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since I was here last week, you know, we talked about the temporary
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restraining order that Judge Bailey had entered, which gave the basically set aside the
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transfer wole and opened up on Avenue for one hundred and some athletes to start
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playing if they chose to the risk being you know, they had a hearing
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set for next week and Mountaineers had three games, so if raekwon Battle or
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I guess fery Con played in those and then Judge changes his mind, then
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you might have blown your full season of eligibility by playing three games, So
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put them in a real catch twenty two. And you brought that up last
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week because you were right on it, because then the NCLA came out later
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on Thursday, and that's the way they were interpreting it, like, if
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you play, they know you might your season eligibility. Potentially, They didn't,
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you know, say that, but they reserved the right to do that,
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and that was part of that. You heard Rayquon Battle's personal lawyers addressing
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that situation. So they had to hammer that out. Now, I thought
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that was kind of bad faith for the nc DOUBLEA, but I mean they
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put it out there. I thought when they put it out there, well,
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this is a negotiating tool because they're working on something. And so what
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happened then subsequently, I think Friday, they all the lawyers got together and
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the parties and it essentially agreed to keep the provisions of the temporary restraining order
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in place as a preliminary injunction, which is the more permanent injunction through the
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permanent in that it stays in place until there's a ruling on the merits at
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the end. And so probably I don't know what percentage is, but probably
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seventy five percent of the time when those are in place, a major factor's
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likelihood of winning on the merits in the end enter an injunction. So you
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know, majority of the time the pleminary injunction ruling will be the final ruling
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ultimately, unless there's some new evidence or something. When I went back and
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you provided that order for the temporary restraining order, it was like thirty one
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pages I think when I went back and read it after our show, I
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mean it was Judge Bailey didn't hesitate on whether this was potential viole violation of
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anti competition rules on the federal level, and actually used the Austin case and
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cited it a couple of times. That's what led to the nil, you
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know, the ability of college athletes to get paid for their name, image
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and likeness. And so I look at that, I thought, you know,
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he's not going to change his mind at this hearing coming up next week,
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and NCUBA probably realized that. Plus, I mean, they're jeopardizing the
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more of these cases get there on these anti competition grounds, the more difficult
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it's going to be in the future for the NCAA to operate in any man
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are consistent with what it's operated at in the past. And I don't know,
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I'm I don't recall personally because I was too young, but I mean,
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I think this advent of huge money in television rights and just the amount
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of money in college football and basketball NCAA tournament, I mean, that's that's
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something that's probably come on, what in the last thirty years maybe. I
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mean, I think in the early eighties, late seventies there was on attempts
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to control TV rights by the NCAA and things like that, and of course
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the NCAA tournament was not what it is today, I mean, generating that
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kind of income. So you know, it's just something that's developing when there's
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there's so much money involved in the in the situation. But anyway, so
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all the parties presented a joint motion and an order proposed order to Judge Bailey
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on Friday, and that was in essence to keep the temporary restraining order in
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place until the conclusion of the case. Okay, that's easy now. Then
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importantly they designated that the trial, which it will either be probably not a
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jury trial, but maybe the judge will take some evidence that will not be
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noticed and sept for hearing until the last day of competition of the twenty twenty
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three twenty twenty four winter spring sports seasons and tournament play. So they said,
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one, we're going to keep this in place and let them play too.
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We're not going to have a decision on the merits and potentially reverse this
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preliminary ruling until all the competitions are done for the early summer. We take
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Yeah, so, uh, that's good. So that opens up that that
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eliminates the concern that you might only play a few games and lose your season
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of eligibility. So now these student athletes can play through the rest of their
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season, and even if it's reversed, you know, they got to play
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and so they're not losing a season based on like three games. Then something
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different that was in this order clearly by agreement of the parties. It says
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that the NC double A S will take no action to retaliate against any athlete
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that participates in athletic competition during the period of this preliminary injunction or the member
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institution that such athlete attends based on the athlete's reliance upon the terms of the
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preliminary injunction. So to me it penalize them obviously. Is that so if
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the judge, if the ruling is different in the end on the merits,
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and says that, and the judge says the transfer rule is valid generally,
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and of course Raekwon Battle's got his own argument about his particular situation, but
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the judge upholds that. Then I think reading is, you know, you
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can't go back and forth foot the team's games, so they're basically protected during
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this entire period, and then they'll just be a technical decision later whether the
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transfer rule is a violation of anti competitive rules. So here's my question Tom
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Payton's with is the Peyton Law Firm in nighter three or four three four five
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fifty fifty three or four three four five fifty fifty what's the possibility that they
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could reach further settlement the NCLA comes out with a new transfer significant Yeah,
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I think they'll probably my guess would be not to have some time. They'll
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probably participate in some kind of mediation where you get a you know, a
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third party attorney that's not representing anyone in place that's familiar with this area of
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the law, and my guess will be they'll work something out where the transfer
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rule is modified with more objective factors. Yeah, just to say, well,
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we decided that, you know, Rae Kwon doesn't really have mental health
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issues, or we just decided that he does, but they're not significant enough.
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You know, there's just just too subjective. I think. I think
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if you get some objective criteria that is more black and white, that'll probably
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satisfy the attorney generals that filed the case and the individual student athletes that are
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participating in the case as well. That's where I see it going now on
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the personal case, which still is pending, right uh naming you know that
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ri Quan battle filed in his attorney also in federal court. I mean there
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could be some damages there, right potentially, Yeah, but I don't know.
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I don't know what the area of deem it just would be on that
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actually that I haven't And that's like like lost in IL money, Well that's
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true, Yeah, that's true. If he lost, if he actually lost
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in IL money because you couldn't play the whole season and right, you didn't
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hit the incentives or the the right ray Kwan battle has a and of course
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it's been consolidated into one case, so it's all before the same judge,
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all the same case. So he's his individual claim I believe is encompass within
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this expliminary injunction junction order. Now does he have damnities? I don't know.
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I think his case is a bit more difficult because when you're talking about
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an association or a kind of a voluntary association you're involved in, and they
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enact some rules and then you're challenging their discretion discretionary decision, it's difficult.
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Usually courts give deference to the entity that made their decisions. So a lot
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of times, and I don't know in this particular case, because I've not
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seen one of these appealed like this before, there may not be any precedent
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for this. But normally, UH, courts will not necessarily go take you
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know, they don't take a hold what they call Danovo review. They don't
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do that. They don't start from scratch and say, as the judge and
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say what I've decided. It's different. They have to use a what's called
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a deferential standard of review, meaning give them some difference to the NTY that
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made the decision in the first place. So they're nt double A's decision if
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you apply that process would be is it's so unreasonable that it you know,
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it wasn't based on any real factor, totally arbitrary and capricious, capricious,
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and that depends. You know, they'll be able to take depositions and things
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like that if they want to and go back to the decision makers at the
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nt double A and figure out what their reasoning was and get more detail.
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And if it's arbitrary and capricious, he'll probably win. Uh, if it
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ever gets to fruition, I think it's probably going to be absorbed in the
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other case. And I haven't seen whether he's you know, he's asking for
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a declaratory judgment to declare that he's eligible in that case. I didn't see
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whether he was asking for monetary damages based loss of income in essence for losing
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n I L money because they initially ruled that he couldn't play. It's it's
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interesting that the n C double A obviously they decided, okay, we're not
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gonna I mean, they saw they went to the they went to the hearing
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obviously, you know, to the to the to the initial hearing, and
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then they saw I hate I mean handwriting on the wall obviously right in that
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that when you see the judge's temporary restraining order, it's just not one of
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those where he's saying this is a close call here or there. I mean,
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you know, it's just he basically found out, well, this is
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I do not He didn't hesitate to rule. This is a violation of the
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with the Sherman Act, to the anti competition rules or laws governing business.
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So he can't clude. I mean, they have a and it's hard to
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apply, but you know it's it's the n C double A basically has a
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functional monopoly on the top tier UH sports organizations for college So when you have
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that monopoly kind of in fact monopoly, that's when you start getting to these
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anti competition federal law. It's just like you know, the I use the
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example of the l IV Tour and the PGA Tour that reached some agreement because
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you know, there's challenges to the PGA Tour's entire scheme, and you know
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they were a player goes to play in a different for a different tour and
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all of a sudden they're getting essentially blackballed from the PGA tour. So there's
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anti competition issues there. But then that it's kind of a merger between the
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l I V and the PGA Tour that's being monitored. They haven't put out
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any final terms of that deal yet because that's monitored by the Department of Justice
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as well to see whether that creates too big of a monopoly to you know,
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didn't allow mergers. It was. There's been a couple of other sales
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over the last couple of years. I can't recall them off the top of
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my head where the Department of Justice denied you they wouldn't let them, and
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it's been that way. I think that's how Again, this predates me somewhat,
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but like the Gazette and the Daily Mail, I mean, it was
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all think even when they combined, there had to be some kind of editorial
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separation because of an monopoly issue. So the in the greatest example of monopolies
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are like utility companies, but of course they're heavily regulated by the Public Service
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Commission, which you know, they get the privilege of being the monopoly and
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the burden of being heavily regulated by the by the state regulatory boards. Right
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three or four three four five fifty fifty eight. Three oh four three four
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five fifty eight fifty eight eight thirty six going to take our one and only
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break and the lines are open. Give us a call, Give Tom a
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call. Any questions maybe about a family, maybe like about a deed,
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or about a will, or just any maybe you're injured in an accident,
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anything Tom can help you. Three or four three four five fifty eight fifty
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eight three or four three four five fifty eight fifty eight back in a moment
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Put the power of Peyton on the side. We have the court room
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experience that you need. We never give up. We're prepared to fight for
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your rights when you need action, count on us. What's the power of
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Page eight thirty eight on five A WHSs Charleston, Jeff Jenkins with you,
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Tom Peyton and the Peyton Law Firm in Nitro three oh four three four five
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fifty eight fifty eight three oh four three four five fifty eight fifty eight and
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never to call. Located right there first Avenue Route twenty five in Nitro went
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Pie went by your place two days ago. Uh, A couple of weeks
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ago. I was inside, Yeah, yeah, decorated lovely for Christmas.
16:51
Uh in just uh, I mean just a nice place, really just to
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stop Bob. That's right. You got you got our book exchange. You
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can come in and pick a book out and read it. And you know,
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we have decent amount of clients and actually lawyers come to do business and
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they just kind of hang out afterward if we're not using the conference room.
17:07
Guess the way you want your office to be. You know, it's not
17:10
that people are real hesitant to you forget when you're been a lawyer forever and
17:14
your dad was a lawyer in your entire life, how you know people getting
17:17
nervous going to see lawyers and you just kind of forget about that as an
17:21
attorney. But you know, we try and make it as comfortable and as
17:26
friendly and easy as possible when you come to see see us and actually get
17:30
a lot of comments after people heal like that wasn't so bad. It's not
17:33
like you were coming to have your wisdom teeth poll. But which it depends
17:37
on what we're doing. There's obviously some really difficult things we help folks deal
17:42
with. But yeah, you were talking about earlier, call us with about
17:45
anything, and that's true. We don't do any bankruptcy, your income tax
17:48
work. If you have some issues on that. You can give us a
17:51
call and we'll try and find in a you know, being around forever.
17:53
We know lawyers that do that type work regularly and do referrals. But you
17:57
know, bread and butter civil litigation, if you've been hurt or had a
18:02
family member hurt in a car accident for example, trucking accident, industrial accident
18:07
fall. We do a decent amount of SoC security disability. We've done a
18:12
lot of family law over my career. I don't do as much anymore,
18:17
and criminal defense work as well. Actually have a big trial coming up in
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January. I'll be in it for two weeks. Done in Cavell County.
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So kind of a difficult case to somebody was killed and some officers were shot
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actually, but looking forward to trying it. It's an interesting case to try.
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I'm actually pointed in that one because the judge asked me if I would
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be willing to do it, So I'm public defender in essence, but I
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don't normally do that anymore. Did a lot of it. That's how I
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cut my teeth trying cases. You know, in Putnam County you don't have
18:48
a public Defender's office, so you just have lawyers that volunteer to go on
18:52
a list. They're called panel attorneys, and then you have to send your
18:55
billing into the state at some really low rate, unfortunately, but you get
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to try a lot of cases that way. So I mean, I don't
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know how many cases I tried right out of law school as a kind of
19:07
a public pseudo public defender, but it was double digits. I mean it
19:11
was a lot. And so it's a good way to cut your teeth and
19:12
get used to trying cases in front of juri's and that's what we like to
19:15
do. I think we do well in front of jury's one because we have
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a broad base of knowledge because we do a lot of different things and we
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deal with regular people all the time, and that's generally who sit on juries,
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and we're well prepared and we pay attention to our cases because we are
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hands on in all of our cases. That helps us do a good job
19:34
as well. And I think we are even though we're lawyers, we're pretty
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much operate at ground level. So I think we have a good job of
19:42
identifying with normal folks and it's helped us over the years get good results.
19:49
And you can't win them all large says they never lose a case is either
19:52
lying or they dump every case. It's difficult. So it never gets to
19:56
a point where they lose a case, because you can lose the best case
20:00
and you can win the worst case. Man, I've gone into jury trial
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saying, oh, this is a this is going to be difficult, and
20:06
come out with really good results. And then I've gone into cases where I
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don't know that. I've absolutely lost a case where I thought we had a
20:14
great, great, great chance of doing of winning whatever winning means, because
20:18
there's a lot of gray area in these cases. But I've certainly had results
20:22
that weren't as good as I as I thought we were going to get it
20:25
at trial. And that's the way it goes. But all you can ask
20:26
if a lawyer, in my opinion, is be honest with you, communicate
20:30
with you, be prepared, and work hard. And that's all you can
20:34
really ask for you go to a lawyer, you know, they I have
20:38
people call me and say, well, this lawyer said my case is worth
20:41
xxxts. Well, there's no way they can know that from one phone call
20:45
with you, and so that's that's puffery. You know, it's a sales
20:49
tactic. So you just got to watch that kind of thing. And people
20:52
don't know any better that are that are non lawyers. But but if you
20:56
call us and hire us, you'll get what I just said. For sure.
21:00
Nobody can guarantee a result, but you'll get what I just said,
21:03
and I'll guarantee that and and so and that. That's the that's the uh
21:07
kind of the theory. We've operated on my entire career and Dad's career too,
21:11
and that's why we end up getting lots of clients. I mean,
21:15
we do. Uh. You know, there's a lot of a lot of
21:18
advertising on the radio and anybody considering it out there. It's been really good
21:21
for us, period, or else we wouldn't. I mean, every Thursday
21:25
we rarely miss. I'll be at the Bowl game next Wednesday and Dad will
21:29
too, but I'll call in Thursday morning while I'm still in Charlotte and we'll
21:33
have our show. Oh, we have a little post game. We'll have
21:34
a little post sure. That's more fun than the law anyway. Or at
21:38
the end of the year, so maybe we can leave it up to the
21:41
h Hopefully it'll be I think not to change gears from the wall, but
21:45
I think we got a hopefully we got an excellent shot down there to go
21:48
when the uh, you know, Dukes doesn't just make mayonnaise, they also
21:52
make mustard. So my my fridge is full of it right now. Okay,
21:56
there there you go. And uh in something that your dad talks about
22:00
and he just and this is how he was kind of raised in the profession,
22:04
you know, at the old WVU School of law, is to be
22:07
able to do a little bit of everything as far as as far as what
22:10
people need. Like I don't know if you call it the consumer type,
22:14
Yeah, that's I do. And it's kind of the work that everyday people
22:18
need. It's not always consumers, because we do a lot of small business
22:19
work to somebody's an LLC creative or an operating agreement or something. I mean,
22:23
we're not doing big, large, you know, one hundred and sum
22:29
employee employer corporate work and things like that. And we don't do any work
22:33
for insurance companies. But you always feel like, you know, there's maybe
22:37
a couple of lawyers in Nitro, but you know, if somebody needs to
22:38
I shouldn't have to drive downtown Charleston if they need to get a deed done
22:42
competently, or a title search or have a will made, or a question
22:48
about a boundary line issue or something like that, and so we've kind of
22:52
prided ourselves of knowing how to do that. Now, I was sure if
22:55
you call a lot of these and this isn't a dig on them. Everybody
22:57
has their own, you know, method, and maybe I'm just in this
23:02
situation because that's how I was trained and brought up. But you know,
23:04
you call a lot of these law firms that are all over the TV about
23:08
if you've been hurt seriously, YadA YadA, YadA. I mean, they're
23:11
not going to be able to answer a question for you about, oh,
23:15
by the way, how can I get a wheel done? Or you know,
23:18
how do I handle this estate where my mom or grandma passed away and
23:22
there's some airship land out there. How do we get that straightened out?
23:26
And there's thirty two people or whatever it is, that's right, that's right.
23:29
Things like that, or you know, worker's comp kit. You know,
23:32
I don't really do those very much, but I will do them if
23:34
you're For instance, I've got multiple cases where folks were driving for work and
23:37
somebody else hit them and so they have a worker's comp claim because they were
23:42
actually driving for work at the time of the accident. Now we also have
23:47
the injury claim where the person t boned them and hurt them. But we
23:49
can guide them on the workers comp side, even represent them if there's problems.
23:53
Because we know how to do the workers' comp claims. We can do
23:56
SO security disability from beginning to end. Tell them, yeah, you need
24:00
to go ahead and apply for disability now, even though you might go back
24:03
to work a year year and a half from now when you recover SOB security.
24:07
We know it takes two years to get to a hearing in so security,
24:11
So you bound as will file now. If you wait a year from
24:14
now, you're just that farther back in the line. So that's a good
24:17
example of you know how we can give you kind of a global representation on
24:22
things. And like I said, knowing how that works, I think helps
24:26
us in court as well on the injury cases, because we have a broad
24:30
base of knowledge on how the law works and what everyday people deal with on
24:33
an everyday basis. Right, and as you have said, the meter doesn't
24:37
start running when somebody gives your call. That's right, No, it's in
24:41
an email. If you've got a question, sit an email, give us
24:42
a call. Those first sets of inquiries and responses, we don't ever charge
24:48
a fee. We don't really charge a fee. Ever, We're not going
24:51
to unless we for just consultation, unless we tell you you know, here's
24:55
what we're going to charge. And injury cases the bulk of what we do
24:59
as far as I somebody's been heard or injured, and all lawyers do this.
25:02
So when you see the advertisements that say that, I mean it's you
25:06
don't pay unless we win. Well, that's how every lawyer handles those cases
25:08
for the most part. So you know, if you hire us for an
25:11
accident or injury claim or a wrongful death if a family members unfortunately passed away,
25:18
then they're all contingency fees. So we take it on. We normally
25:22
front all the cost advance, which can be significant, and then if something
25:29
goes bad and we don't recover, then you of course don't pay us for
25:32
a time and you don't reimburse us for the expenses we advance. It's can
25:34
be significant. Let's go to the line. Jerry, you're on the time,
25:37
Go ahead, Jerry, Hey, good morning, Tom, and fellas,
25:41
good morning. I have a question you probably won't be able to answer,
25:45
but maybe you can find out and maybe say something on your next show.
25:51
Sure. Here in Charleston, over the last couple of years, we've
25:56
had a plethora of motorcycles, and I'm talking about the smaller ones that are
26:02
like fifty cc motorcycles motor scooters that are running around without license. And the
26:11
people who are driving these all say the same thing. They say, it's
26:18
fifty cc or it's forty nine cc, and the law states that we can
26:23
ride these without a license. So yesterday I saw one on Capitol Street parked
26:32
on the sidewalk, and it looked like a you know, it looked like
26:34
a full sized motorcycle, but I know from experience it was probably in the
26:40
fifty cc range. It looked bigger than it probably was, had no license
26:45
plate or anything. So I've talked to several of these people and they all
26:49
say the same thing. No, no, you're wrong. We've been told
26:52
that we can ride these without a license. That means they don't have insurance
26:59
to ride these motor vehicles on the streets. If you should get in an
27:04
accident with one of these people, let's say it's a serious accident, and
27:11
let's say it's their fault, and you wind up in the hospital, and
27:15
you've got one hundred thousand dollars hospital bill. These people have no insurance or
27:19
anything else, so what I would And by the way, I've gone to
27:25
the West Virginia website and tried to understand the language that was used towards these
27:34
vehicles, and because it's written in lawyer jargon, it's almost impossible to understand
27:44
what they're saying. So I just can't find For a whole year, I've
27:49
been trying to find out exactly what the law is concerning these motorized vehicles running
27:59
up and down the streets of Charleston without a license, without insurance or anything
28:03
else. And I was hoping you might look into that for me. Sure,
28:07
I'll check it out. Now. I've had I've had a case in
28:10
the past where unfortunately, somebody was hurt really bad as a guest passenger on
28:14
a four wheeler I think it was a four wheeler or three wheeler, and
28:17
so the person who was driving didn't have specific insurance for that all terrain vehicle.
28:26
So I got the automobile insurance policy that covered that person or the people
28:30
where he was living because he's covered as a family living in the home,
28:33
and was able to argue that I think the word auto or something like that,
28:40
it wasn't really defined to exclude four wheelers in the mandatory automobile insurance policy
28:47
that you have to have, and we actually won that case and then got
28:49
some coverage, so potent even though there may not be and in that you
28:55
know, four wheelers aren't part of the mandatory insurance provisions under West Virginia Code,
29:00
I don't recall. They definitely were not, and they're higher powered than
29:07
I mean, they can drive on streets right if there's no line or something
29:11
like that, or for a short period of time, and they can go
29:15
extremely fast, probably faster than the vehicles that you're talking about, and they're
29:18
not required to have mandatory insurance like you are with a true automobile. So
29:26
my suspicion is I'll look it up, but yeah, they're not required probably
29:30
based on it depends. I mean, you got to eat things from e
29:33
bikes all the way to small motorcycles I mean and mopeads and scooters and things.
29:37
So now I'll check that out, though Jerry and get back with you
29:42
next week. And then now, if you take your scenario and you're hurt
29:48
by them one, then what I said earlier, their automobile insurance may have
29:55
a provision that covers them operating that particular. Can I stop you right there
30:00
and say, these people, I'm ninety nine percent sure they don't have automobiles,
30:06
which is why they're writing these right, Okay, yeah, they can't
30:10
get licensed or so. Then secondary to that, if you have automobile insurance
30:17
on any type of vehicle, then in West Virginia it's mandated that you have
30:22
uninsured motorists coverage. So if anyone, if you're operating your vehicle, uh,
30:29
and then there's a wreck caused by someone in any manner that was negligent
30:34
that does not have insurance, you have uninsured motorist coverage on your policy or
30:38
policies that may not cover all your expenses. Well, that's true, but
30:42
that's that's how I mean, that's why you need to look at your policy
30:47
and many if they have coverage and it's the minimums. You know, it's
30:51
only twenty five grand in West Virginia for per person for all of your damages,
30:55
you know, pain suffering lost wages, medical bills, and that's it's
31:00
the same minimum amount that's required and must mean for uninsured motorists coverage that you
31:04
are required to have. You can bump up that limit to protect yourself.
31:08
I mean I do that. You know, I've got a higher limit.
31:11
And it all depends on people's economics and finances. But I mean, good
31:15
time to look if that's a concern, because I don't think the premium changes
31:21
a whole lot if you go from twenty five grand in coverage on uninsured motorists
31:26
to one hundred grand, for example, And so if that's a concern,
31:30
gets that's all you can do to protect yourself. Ultimately, Yeah, it's
31:34
a shame that the weight is on us and not them, and if they
31:40
are doing something illegal, I wish the authorities would do something about it.
31:45
Yeah, it's weird and some of the laws are contradictory. I'm like,
31:48
I'm fairly certain those vehicles that you're talking about, what you can get a
31:55
dui, I'm fairly certain. I've heard of riding lawnmower DUIs. And you
32:00
know, I think that you can get a dui into the dui statute,
32:02
but that has its own separate definition of vehicle motorized vehicle. I believe so.
32:12
But yeah, another problem is if they don't have license. You know,
32:14
one of the consequences of being an uninsured driver potentially if there's an uninsure
32:17
motors claim one. Now, your insurance will pay you for damages, but
32:22
then oftentimes they'll sue. Your insurance will do what they call subrogator step in
32:27
your shoes, and they can sue the person who calls the accident didn't have
32:30
insurance if you're if your auto insurance company wants to. So there's there's still
32:35
consequences potentially for the person who didn't have insurance. Plus there's a provision that
32:38
can revoke or suspend their driver's license if they're uninsured and it's reported to DMV.
32:45
But of course that's not going to help here if they don't have a
32:47
driver's license in the first place. So good questions, Jerry, Tom will
32:52
get the answer. Appreciate it all right, Jerry calling in there and we'll
32:54
get that. Get that answer next week. Three or four three four five
32:58
fifty fifty eight three or four three four five fifty fifty A couple of minutes
33:01
left in the show. I know of interest is what they did in the
33:07
what they did in the state of Colorado. Yeah, so that's interesting.
33:10
I've been kind of watching those cases. That's the it's section three of the
33:16
fourteenth Amendment, which basically says, i'll summarize, you know, somebody who
33:22
was in office who was involved it's not involved in, but committed maybe it
33:30
was insurrection or rebellion, then is disqualified from running for office, although Congress
33:36
can restore that disability. So there's been various There was a filing in West
33:39
Virginia. I think is it dismissed or is it still penny I think it
33:43
still pennsy. Some of them have been dismissed for lack of standing. The
33:45
person filed the lawsuit didn't have enough in it to create a case. In
33:50
controversy across the country, and it's you know, it's being applied to Trump,
33:57
and so most of have been dismissed based on one or two grands one.
34:06
Some courts, I think have said, at least it's been argued to
34:07
them that this Act doesn't apply to the office of the President because the president
34:13
isn't expressly mentioned in there. I think that's a not a very good argument.
34:16
Because it also says any other officers after it, after it references some
34:21
specific office offices. And the second one is whether it's it's a self executing
34:28
clause or not, so meaning that you know, can a court just declare
34:32
that this person participated in a rebellion, insurrection or a rebellion, whereas there
34:38
have to be some separate finding like a criminal conviction or or I've seen some
34:45
maybe there's got to be a sort of a trial before the Congress somehow and
34:49
there's a finding there, and then that person will be disqualified. So I
34:53
think that's where a lot of the courts are dismissing these cases. Colorado Supreme
34:58
Court on a is your four to three or five four was it was one.
35:01
I don't know how many justices they have on the Supreme Court, but
35:04
it's by one they they found that that uh, Trump is not he's disqualified
35:09
by virtue of that statute. And so now I'm sure it's gonna end up
35:14
at the US Supreme Court and we'll get an answer in it. It's a
35:16
it's a it's a constitutional provision that stems from you know, post Civil War
35:22
not having you know, officeholders stay in office. That participant members of the
35:28
Confederacy and then you know, advocated still continue to advocate for slavery and things
35:34
like that, and then eventually a lot of that there was a there was
35:37
an Amnesty Act I think in eighteen seventy two that that removed a lot of
35:40
that, and they otherwise removed that disability from holding office later because it's trying
35:45
to compromise and keep the country together, as I understood it, and so,
35:50
uh, it hasn't there's not much case law in the last one hundred
35:53
years on this, So it's it's it'll be good to get the ruling from
35:57
the Supreme Court. Of course legal, but political is just going to help
36:00
Trump. I'm sure he's using it as a and it doesn't matter. He's
36:05
going to lose Colorado, I presume anyway, So he's you know, probably
36:09
doesn't make him too unhappy to have them make this finding. I guess it
36:13
sees where other states would go on this. Well, that's the that's the
36:16
that's the consent. That's the only concern there is if it's sets a precedent
36:20
that other states follow, uh, which is why I think he'll get it
36:23
up to the Supreme Court or somebody will, and they'll rule on it probably
36:28
this spring, and and and you know, I don't know. My inclination
36:34
is they'll, you know, overturn Colorado. I don't think they can get
36:37
into that. If you look at Bush v. Gore where they got into
36:39
the state election process there, and they'll probably do the same thing here.
36:43
It's based on a federal provision, so they have some kind of jurisdiction to
36:47
uh to interpret it. So I think that one will probably get reversed.
36:51
It's gonna Trump's going to use it in his campaign all he can now though,
36:54
because it's just more of a look at this conspiracy against me, and
36:58
then the Supreme Court will he'll bail him out. All right, you got
37:01
ten seconds. We talked a lot about the firm obviously, but yeah,
37:05
give our foot. So yeah, if you want to give us a call
37:07
three oh four seven five five five five five six, or go to Peyton
37:10
Lawfirm dot com. It's p E Y t O N. You can you
37:14
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37:16
email directly and it goes right to our desk and we'll get back with you.
37:21
If we don't just send us a little reminder because we may have overlooked
37:23
it. All right, Merry Christmas, Talk to you from Charlton. Is
37:25
everybody out there all right? Talk to you from Charlotte. Next week Tom
37:29
Payton at the Payton Law Firm in Nitro. Stay tuned. ABC News is
37:30
next on five eighty w c hs F w c HS A MTY six point
37:40
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