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This is the Troubleshooter Show. Now, Tom Martine.
Good morning, Good morning, Good morning. This is John Fuller. I am not Tom Martino, so you won't recognize the dulcet tones from the host today, but I'll be filling in for the next couple of days. Many of you
know me. I am a personal injury attorney here in Denver, have been so for the last I don't know, twenty twenty two to twenty three years, something like that, And so we're gonna be here today to talk about all of the normal stuff that you guys have going on that we can help with, but we're gonna have the added benefit of being able to talk about anything that is personal injury related. But on top of that, we
have a star studded staff today of deputies. Here. We have Dmitri, Say good morning, Dmitri.
And we have Doc Hey, Hey, fellow morons, Happy New Year.
Fellow morons. And we have Bo in the studio today. Say hello, Bo.
Hello there morons and our listeners, and happy New Year to everybody. Bring your calls in.
Yes, indeed so are we and running on the YouTube as well. Right now, I don't see a camera anywhere here. I saw Kelly with the trick five, but working on it, so we may not be actually up and running on that. So this is, as you know, the only show of its kind solving problems, answering questions, and taking complaints. We have recovered over three hundred million dollars in cash, exchange and refunds directly due to the show. We're here today
to answer your questions. The way to reach us is three h three Martino or three O three seven one three eight two five five. You can also email at help at troubleshooter dot com. We are going to talk about a number of different subjects today. How was uh, how was everybody's holidays?
I had a very quiet Christmas in New Year's did you yeah?
My uh, my son and daughter law were in Ohio at our family, so it was just very quiet. Didn't do it much, played a little bit of poker, watch some good football, and that was about it.
That's good. That's good. That's good. Same for us. We had we still have a mother in law in town. We had a couple of other siblings and whatnot that came through for a couple of days. But oh no, it's super quiet, you know, low key Christmas holiday. I think that's the best way to go. Where are your siblings from? What part of country? Well? My you know, I grew up in Georgia, and so most of my
relatives are down south I have. I have a brother that lives in Mississippi and a sister in Florida, mother in Florida, so we didn't see any of them. But my wife's family is from all things West, everything from Las Vegas to South Dakota and stuff like that, so there at least within arguably within driving distance, and so that's pretty good. How about you, Bill, anything exciting?
I brought my kid, came back from CU Boulder and we just had my three girls with me, and as very quiet as Doc mentioned, I didn't have to entertain any relatives. No one wanted to come over, and that was perfectly fine with me. So we did some walks and did some homemade cooking and just hung out together as a family.
Yeah. Cool, cool, glad to hear it. How about you to be interest John?
Pretty much the standard stuff, hung out with my friends and family and cats and dogs and fed squirrels at the park and had time off from work.
I can't think of a better set to holidays and that nice.
Nice.
So I don't think we can really be here today without talking about some of the crazy stuff going on in the country right now. What about this New Orleans thing?
You guys see that it's pretty scary when it's a homegrown terrorist.
It's just bizarre to me that we continue to have these things going on. And you know, every time that something like this happened, there's always Monday morning quarterbacking that goes on that seems to identify, you know, some major mistake that was made, like you know, in New Orleans. And not to act like some conspiracy theory or something, but I mean, they've got these huge contraptions that raise up to keep you know, vehicles from going down the road.
And the one day that they happen to not be up during the biggest kind of street celebration day in the whole entire year, and that's when some moron decides to run down the center the road. And god, the videos are just unbelievable, how fast and how just just you know, violent and disgusting. That whole thing was.
I just wonder if this individual planned it. You must you must have known that he I wonder if he knew those barriers would not be up. It was just you're right, John, it was ironic. They took him down for repair for the super Bowl. Now why would they if they're for the Super Bowl? Why would they have them on Canal Street? They should have just left them there. I just don't understand why those barriers.
I mean, well, Bo, this doesn't mark the first time that the government employees and New Orleans failed their citizens. Okay, so this is pretty consistent with my expectations. How so, well, you may recall the Hurricane Katrina disaster from a few years ago, and that didn't you know, in terms of government response during that event, it didn't go much better than the than what they and what they did this time.
Yeah, I mean I think that's true. I think Ray Nagan is still in jail right now, isn't he. But you know, the Yeah, the history is long and replete with instances of corruption and all that stuff. But I can't really connect the dots between just systemic issues in New Orleans and this guy. And to your point, bo.
I mean, I don't think you just wake up decide to rent a vehicle and drive over, you know, several hundred miles and pull off something like this without having you know, some forethought and planning as to what it's going to entail, don't you?
Yes?
Do you think there are rather people involved in this attack? I mean they're trying to connect the dots if it was related to the incident in the Trump Tower in Vegas, but the Tesla car well, apparently both of these guys, the the Las Vegas bomber, he's from Colorada Springs right, and apparently, according.
To reports I read just early early this morning, the two served together. It's some military installation. Oh I didn't hear that, however, the articles were careful not to mention what military installation that was.
Wondering why that is.
But yeah, clearly there are co conspirators, both the two dead ones and whoever else assisted in their nefarious plot plots.
That's crazy. How would you feel if you rented your Tesla to somebody and you know, less than twenty four hours later some guy blew it up in front of the Trump Tower. One stayed away.
I mean, of all cars to rent what is that escape.
The symbolism of a Tesla in front of Trump Tower. I mean you can't, of course, you can't escape that, But I mean that whole concept of renting your cars through that app is crazy to me in the first place. But to rent it to somebody and then have that happen, I don't even know what the conversation with your insurance company would be about, you know, uh, yeah, I'd like to make a claim. Well here's what happened. Okay, what in the world are you going to do? I just
don't know. I mean, that's crazy. That is the ultimate of intentional acts that normally is not something covered by insurance. But this owner wasn't complicit in anything. So I have no idea how that's going to play out. That's a subject for a different show. But yeah, let's go to the first call, Sean, what's going on with you?
Hi, guys.
We took our twenty seventeen Chevy Silerado to a mechanic.
Cup there in Denver. We're out of Plublow for a enginery build. We've done our due diligence done, you know, checked his reviews, insure he was registered with Secretary of State We took that up there in June tenth of last year, and we literally just got it back Monday of this week, after calling, hounding him, being lied to
numerous times, given dates that was never promised. He just yeah, done everything that he could to keep our truck, so also charging us an extra twenty three hundred and sixty dollars on top of everything.
Why did it take him six months to do this job?
That is a good question. We still to this day have no clue from the after my truck. He didn't even pull it into his shop until November twentieth, when I had another mechanic call him to find out what was going on.
Okay, So how can I help you today? Hey, what's going on?
Well, we don't want anybody else to encounter this person. He has drug his feet, lied to his numerous times. He's also done this to to some other people since okay, and they left reviews saying this, and we just want to make it aware. He is definitely a shady person.
Okay, Okay, what's his name.
And his company?
His company is a automotive engineering and his name is Mike.
Where's he located?
It is right off of seventy Washington Street somewhere right in twenty five, I seventy Washington Street.
And you've left reviews and all that fun stuff as well.
We have not. We have not left a review yet because we're still trying to make sure that my truck is fixed. Okay, we do. We do have some some minor issues right this moment with Ludains. My oil white keeps coming on, just certain little things.
But I haven't left the.
Review yet because you know, we may have to have him fix this kind of wanting to do something else to my truck.
Well, hopefully he's not listening. Yeah, so way way to grease the skids on that by calling the radio show.
And he wasn't really uh aware that I'd be on on.
Air doing this, all right, ye Sean.
Yeah, let us know how it goes when you go pick up what's left of your truck.
Well, thank you, Sean.
This is BO.
I'd like to know how how did you happen to contact us Automatic?
Actually it was from a mechanic here and Pueblau that has has used him in the past. The biomotors from him gave him a great review, and the mechanic here in Pueblo I've dealt with him for years now, and you know I took his recommendation. That's that's how I got to Mike.
Okay, now you have possession of your truck now, writers the.
Mckenis yes, sir, we picked it up this past Monday.
All right, Well, good luck with making sure all the kinks are worked out and keeping that relationship good for the next little bit. I mean, I think I think I would probably hold off on the public criticism until you totally completed that transaction. But but you have. You've let everybody know. I appreciate it. Thanks so much for the call.
Well, thank you, guys, appreciate it.
All right, you take care, all right, moving right along. Thank It's time to go to the first break there. We'll be right back.
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All right, John Fuller back in the house here. So once again, I'm a personal injury attorney here in Denver and hoping to get some calls today to talk about accidents. And you know what does that mean? That means? Look, accidents are hard. Nobody plans for them, very few people have experience with them. We do this every single day.
So if you've been in an accident and you have any questions at all dealing with anything from property damage to how to work through the insurance companies and paying for your medical bills and stuff, those are all the kind of things that we handle on a daily basis, and we're happy to help you if you want to give us a call today to talk about that. Earlier we were touching on this situation in New Orleans and stuff. And I'm really curious that you know, do these kind
of things make you act differently? Do they make you have a greater awareness of being in crowds when you go to a football game, or you're in a venue with your kids or a concert or something. I mean I'm interested to know like steps that you take to protect yourself and your family and stuff. If if you have ideas or comments to make on that, please give us a call. That's seven one three eight two five five. It's three O three three O three seven one three
eight two five five. Just interested in kind of your thoughts on how events like this change the world that we're living in, if at all. If your comment is I'm not going to change a single thing, I'm interested in hearing that as well. But give us a call. Let's let's talk about those kind of things. The other issue or the other thing. I'd like to hear from his ideas about what can truly be done to keep
things like this from happening in the first place. And so, without getting too political or anything, I mean, what are your thoughts what should be done? Where did things go wrong? Is this something that is unique to New Orleans? And it would have happened you know? Or could it have happened anywhere else? Would it would have be just as likely to have happened in Atlanta or Denver or anywhere else. So give us a call and give me your thoughts
on that. We'd really be interested in chatting about it. What do you guys think?
I think I'm worried now about going to public places. I took my kids to the German Market right after Thanksgiving in downtown Denver, and after what happened in the New Orleans, I started contemplating. Denver didn't have any barriers or I mean there were there were six several thousand, There were so many people there are civic center you couldn't even sit down. And now I'm I don't think
I want to go next year. I mean, it would be very easy for someone to come in there with that truck or something and mow down a lot of people. There's and it's a crowd. I mean, I think there was more people at this German Market than there wasn't that on Canal Street. And they were just all concentrated on that little island by a civic center. Thousands of a couple thousand people at least.
Well, they probably do things, what ten times a year of that size between the all the different festivals, and don't forget the four to twenty event this every year, and you know, I mean there's there's no shortage of events where you've got massive amounts of people and very accessible public places. So what do you do to stop this kind of stuff? What is the answer?
I put up barriers, that's one thing.
Yeah.
Other than that does no thing you can do. Yeah, I think Doc's right. We need these heavy concrete barriers like they use when they had the Grand Prix here in Denver, like twenty five years ago. I think staging a few police cars around the entrances obviously doesn't work very well. Well, no, did you try?
Video? In New Orleans a guy turned literally right in front of a cup car that had its lights on that was purportedly being a barrier, but he wasn't a barrier and went right down the street. I mean that was the beginning of the You know what he did was so that didn't close anything.
No, he bypassed him, and when I think he drove the truck up on the sidewalk.
Yeah, I don't know about that. The crazy thing you think about some of the parades in New York and stuff they've been I mean since like the Boston bombing and stuff that venue has been. I mean every dump truck within I think a two state area or something has all these roads blocked off and stuff. I mean they've taken steps. Is that what it's gonna come to in every town before you have any sort of a gathering, We've got to do that now.
Unfortunately, it's like going through TSA. You know that that the nine to eleven change our way of life, and I think this is going to change it in the same way that we're gonna have to have barriers anytime there's a group, you know, get to get together.
Yeah, that's that's a sad change of of you know, the way of life that we've enjoyed for it not.
Going to It's not John is not going to be enjoyable anymore. Like these people that celebrated New Year's Eve at Times Square, I hear they. I mean they did a good job I think protecting that, but they didn't allow people to bring backpacks in. I mean, and there's some of those people got in like at six in the morning and there's no place to sit. I mean, I mean they had they just took no backpacks. I don't know about persons. No no rest rooms either. I don't know what people did.
All I can tell you one thing.
I lived in New York for the first forty years of my life due too and I never ever had any desire to be with another million people on a cold January night in Times Square.
They probably felt the same way. I'm sure they did. Dmitri.
Well, I'm gonna just see what Richie has with this scam that.
Oh I love a good scam story. Find out. This is going to be fascinating. Let's go to Let's go to Richard rich.
Rich One, Hi, John, how are you a happy New Year?
Thank you? Same to you. What's going on?
So I'm a long time You're going to hear my backup alarm for about ten seconds. I'm working. So I'm a longtime listener, and I've talked to Tom and Mark several times and they've helped me out a whole bunch over the years.
So what happened.
Yesterday to my wife is, uh, she got scammed out of twenty two thousand dollars.
Holy moly, how he is going on?
Well for fell Fort hook Line and.
See Jesus, that's going to be a good one.
Yeah.
So I'm gonna tell you what happened, and this is everything that I'm telling you is what I got out of her.
She's not in the car with you, is she?
No?
No, no, I'm working. I'm not driving semi for a safe way.
Catch you anyway, Uh, dude, I hope Safeway isn't listening.
They probably are there.
Don't have your cell phone in your hand.
You know, I'm in the yard. I'm not driving out on the road.
He's just kidding with you. Go ahead, go ahead, Richard, what's going on?
I understand.
So, so here's what happened.
We have savings and checking with key Bank, and we have fraud alert. So she said that she got a call from.
Key Bank fraud alert and okay, and he said that.
There's some suspicious activity on your account and we have reason to believe that Key Bank is under a federal investigation. So we would like to help you out by taking your money out of Key Bank so that you don't lose it because they're ready to close your account and other accounts. So she fell for this hook line and seeker. So he talked her into going to.
A branch, no, no different, two different.
Branches, and withdrawing ten thousand dollars at each branch in cash one hundred dollar bills, and then going to a P and C bank and he said that I'll open an account for you in your name, put this money in there and it will be safe. Well it turned out it wasn't in her name. It was in his name.
Very well.
First, who did he say he was when he called.
D bank fraud or that's why she fell for it? Hook line and sinker? I asked her one of the first things I said, So, did you get an email from them? Because they don't call you, they will email you. That's there that there's something going on. No, I didn't get an email. Oh well, that's the first red light right there, first red flag.
There are so.
Many of them. And let me say one other thing.
You know why.
I've called you several times. I called you a couple of years ago. I had a water main break in our street and uh in Aurora, and uh, you guys helped me get everything back. The city of Aurora paid for everything. They are our basement fled. I know Mark remembers, but anyway.
I remember that too, James.
So so Richard, I mean, tell us, tell us what you've done since then. I mean, I know you contacted Key Bank and they probably just said tough. Uh, that was a scam. It wasn't us. Go go talk to somebody else.
Yesterday. Yesterday it was a holiday, but I called. I called Key Bank and asked asked for the fraudler and I asked them, okay, so are you guys under under under federal federal investigation. He said, no, that's a scam. And we've heard this scam before. That's not the first time this lady has told me about it. So anyway, she said, all right, well, I'll give you a UH A number and you need to go to a branch as as soon as you can, UH tomorrow the next day.
So as soon as I get off work today, I'm we're going to go to UH the Key Bank and talk to them and get Frobert on the UH on the phone. Our our accounts right now are froze good well in the meantime, in the meantime where one ten thousand dollars was deposited in his account, then the Zell started and it before we could get it froze, they started taking more money out from Zell.
So somehow how did they get.
The Zell set up? Talk to us about that, so listeners call here.
I have no idea how they got that, but somehow, some way they have got her. So dialed in I told her, you're going to need to change your your phone number, your email, and possibly your name.
So did they already know her account information or did they just look into the fact that she was a Key Bank person.
I have no idea. I'm guessing it was internal. I'm guessing that somebody that works at Key Bank was able to How else would so One of the questions I asked my wife, I said, did you give this guy because probably what he called is this so and so with an account numbers? Or is this so and so? Can you verify your account number, your your routing number, and your PIN number? Well, bam, they've got it right now. I don't know if that's I asked for that. She said, no,
I didn't give him anything. But I'm not buying it.
I mean, I have been so mad.
Yeah, is there enough money left in the account to pay for the divorce?
You want your wife just blew.
Twenty two dollars?
Listen, listen. I have told this story about one hundred times, and I've told people that I'm going to have her committed.
Well, hey, Richard, have.
You talked to PNC Bank. It sounds like that that account was the target of all that cash. Have you been able to find out who that account belongs to and what happened to all those deposits that she made in there?
They gave her and I've got it on as she sent me the picture of it. They gave me a They gave her a receipt for two different depologies. I think she put it. She put it in the ATM. He had to it because it's an ATM receipt, and she said I could only deposit five hundred at the time, So she got one receipt and then a next receipt and all this all on that receipt is the last
four of this account number. But PNC has got to know what when it came through the time, and those last four numbers, they can find out who it is.
Hey, Richard, hang on, we're going to go to a break right now. When we come back, we're going to talk more about some ideas about what to do with P and C and go from there. Hang on, but.
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All right, Good morning, John Fuller here on the Tom Martino Show, filling in for the next couple of days. We are working through some issues here. We're talking to Richard and we want to get back into that call right now. Just a little bit of background. Richard's wife got a phone call over the what the last couple of days here Richard, over the holiday and yesterday yesterday the happy New Year, right and great way to start
the year. Yeah, for sure. So Richard, listen, I don't know if you're going to get any money back, but we're gonna be hopeful that some combination of talking to Key Bank and P and C might afford you some kind of relief. But my bigger concern at this point is we need to really try to make sure that this doesn't happen to anybody else and to hear this stingy.
Yeah, a couple of them.
Go ahead and tell you a couple of other things.
Let me tell you just a couple of other things about the story. So I said that it was twenty two thousand dollars. Okay, it could have been twenty two thousand dollars. I've got ten thousand dollars in an envelope stepping it home in one hundred dollar bills. Because I was finally able to get a hold of her, I called her twenty five times and texted her and she would not answer.
I knew she.
Left the house because the garage door alert came over my phone. I thought maybe she was just going to see Richard.
Why didn't she?
Did you ask her why she didn't answer any of those twenty five calls?
Yes, I absolutely, And what did she say?
So?
She said, my husband's on the phone. That can I call you back? The guy that was on the phone with her, and he was on the phone with.
Her the entire time she.
Was in the car making withdrawals, he told her, well, no, you can't hang up on me because if we if we disconnect, you might not be able to get back to me and your money will be gone. That the investigations, they'll freeze your money and you won't have access to it.
So she felt for that. So there's another quick.
Little story about why she finally answered. I told her the garage door was left open, the dogs got out, they got squished. Your daughter's there crying, trying to figure out what to do with the dogs that I told her, get a snowshovel and a box and pick them up. Gess what happened next?
Go ahead? Can't wait?
She called?
She called me, so you had tried to make up?
So your dog is okay? Right?
I told her the dogs are fine. I needed to make up a story to make her cry. I'm sorry I did, but I couldn't think of any other way for her.
Called me, So what happened then?
So wait a second, hold on.
You'll have ten thousand dollars? Yes, go ahead?
So I just want to clarify she only withdrew ten grand or she withdrew twenty, but she only passed ten off to the P and C bank twelve right, okay?
Correct? And the other two thousand dollars was done electronically through which we are still trying to get into our account right now, because we're getting emails. I got another one at four thirty this morning from a key bank fraud that somebody was trying to take fifty dollars out of our account. And it's been four or five different people's names. I don't know if it's the same person or not, but they can't do anything because the account is pro well.
How are these people initiating zeal transactions to pull money out of your account?
No idea, I do not know, Okay, And this is exactly why I'm calling is a PSA to make sure that nobody else goes through this. So now my question to move by question I got, I got ten thousand dollars in cash, Hey, a one hundred dollar bills. I'm going to I'm going to go to it. So my question is is I'm going to go to a different bank as soon as I get off work and open up another account so that we can have an ATM.
This this thing, this whole.
Thing is gonna snowball so bad.
Because I've got direct withdrawals, I've got direct deposits that we have to take care of. Right, It's just and then some of that stuff doesn't get to them soon enough when they when they go to make it with drawl. Then I've got late payments and I've been through this before, right.
Hey, Richard, We'll be right back to answer that question and more in just a moment.
Hang on, Thanks, go with a sure thing Denver's best roofer Excel Roofing dot com.
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Okay, welcome back John Fuller here sitting in for Tom and Mark today with my illustrious staff of Dimitri, Doc and BO. We've been talking to Richard for a while. Richard. We need to wrap this up, but I want to get to to just kind of the main important points here is that you know, going forward, I mean, nobody should ever ever ever give personal information to somebody that calls you from your bank, from your doctor, from your
insurance company. From anybody, you should always say thank you for the information, hang up and call your bank doctor, whatever it is, independently yourself. Listen, there is no circumstance where any fraud investigation is ever going to require you to take money out in cash. You're not going to have to take it to a different bank, You're not going to have to wrap it in tenfoil, You're not going to have to do any of these crazy things. And if you're being told something to the contrary, then
you're being misled. And I hate to put it, you know, I'm not going to put it any any more harshly than that, but you're being misled and you've got to protect yourself. So, Richard, I'm glad that you were able
to save the spending of the second ten thousand. I would shut down every single aspect of my relationship with Key Bank, and I would go to a different bank and open up things entirely, and I would put really really complex passwords and codes and questions and everything else on there, and and good luck, and.
Don't tell your wife the new passwords and pin numbers.
Yeah, sorry about that, Richard. You were saying, what don that is?
Exactly what I'm going to do, and the reason that I'm doing this is because of Tom and Mark, and I've listened to other people both through this situation before.
Yeah, exactly. So unfortunately it hits home now and I'm sorry for that loss. But Richard, thank you for sharing that with us. I'm sure that there's been plenty of other people that are listening that are here in the same phone calls, and you probably are helping some of them today. So thanks for the call. Moving along, here, we've got Mike that's been holding for a while. Mike, what is going on with you? Sir? Hey, here's my wife.
I have to go to an appointment, so here she is.
Okay, Hi, can you hear me?
I can? What's your name?
Hi?
My name is Denise.
Hey Denise, this is John. What's going on?
Hi?
John?
Okay.
So November second, we went to Boston rented a car through Dollar Rental Car and we already said nope, we do not want that. Told thing, we're not paying for that, and we declined that service. And so then when we finally returned the car in December, December second or so, and I got my receipt from the place and it's sure enough. It didn't say anything on there that we
all with anything for the coal. It just said, you know, one hundred and sixty five of your bound And then about a month or three weeks after that, we got this charge on a credit card that we saw it on our bill. They didn't send us the bill, but anyway, I called up well car Ago and I says, I want to dispute that.
Okay, Donna, I can tell you that is one hundred percent normal. That happens every time you go through tolls. I appreciate you holding. We got to run right now.
Go with a sure thing Denvers Best Roofer, Excel Roofing dot com.
You don't pay a cent until you're content.
Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Ripped need advice so you don't help? Come running just as fast as we can. Shooter's gonna help coming.
Man Dix is the Troubleshooter Show. Now Tom Martino, Good morning Denver.
This is John Fuller filling in for Tom Martino today on The Martino Show. I am gonna be here today and tomorrow. I am a personal injury attorney here in Denver, have been for the last twenty uh twenty three years somewhere in there, sitting here with Deputies Dimitri, Doc and Bose. We have a full house. We are here to help you solve problems and deal with the issues that come up from day to day. We urge you to give us a call. We can talk about anything and everything.
Today we were just finishing up with Denise on the other line, and Denise was talking about having rented a car from Dollar rent a car in Boston and she did not opt to include the tolls and was shocked to get a credit card receipt or charge some two or three months later that included all the tolls that she had incurred in her trip to Boston. Is that is that accurate, Denise?
I'm not really I mentioned okay, I didn't mention that we brought our own We have our own easy paths. And we told the guy, I said, I got my own easy path. We're going to stick it on this window of this rental car, and then that's going to get charged to us. And so they knew that, and.
Then uh, we get that bill.
So then when I called Wells Fargo because I said, gee, they charged me even though they charged me on my other thing, my easy path. And so she said, well, did you say you wanted to get charged? I said, no, I declined it. She said, well, I said, I'd like to dispute it. She said, oh, I'm sorry. I cannot do this as a dispute. I have to do it as fraud that they committed fraud on you. I said, oh boy, I says, well, what's going.
To happen with my bill?
I mean, I don't want these people coming after me because they made me change my credit card and everything. They closed it down and sent us new credit cards. So well, I'll concern now is what is dollar going to.
Do to us?
Right? Well, let me ask you a couple questions. So what how much money are we talking about here? Denise? Let's start there.
It wasn't much, how much, only like fifty five dollars.
Okay, so here's what I know about these easy Pass things and stuff, just because I've recently gone through this got I bought a vehicle not too long ago and had a temporary tag on it for a while, and I had, you know, called the Express told people, now, this is Colorado, but it's almost a national thing. Now there's reciprocity, and they all kind of work the same way. What I didn't know was that it's not enough to
just have a pass that is an active pass. There has to be the pass and the license plate have to actually jive up in their system, or else you run the risk of them saying this license plate went through without paying a toll, and your easy Pass went through and did pay a toll. But they don't connect the dots to where they know that the license and the easy pass are one and the same. And the only way to do that is to call up and add that plate to your easy pass account. Now did
you do that? Do that?
Oh?
Yeah, you added the plate of the rental car to your easy pass account. Yes, Why have you not contacted the easy pass people to say what is going on here? I did?
I did contact them and they sent me they said their receipt from December they won't come out until January and for me to call them to have them send me a receipt for that too, Okay, so then I'll be getting that receipt. And but yeah, I mean, and
everything went through, so that's they knew. They knew about the other car because I took my own car off of it when I called, you know, I took the I did it online actually because when we got there it was late, they were closed, so I did it online because I have my you know, password and all that, so, you know, and then I put my my normal car back on it when we went back home.
Are they telling you that they're going to resolve this in January when the billing comes.
Out, Well, I don't know, but they said, no, you're you paid, and so I don't think it's through them. I think it's through Dollar that who I'm afraid is going to be setting us a bills, Like I.
Think you're right it is. Dollar. Dollar is the one that's going to get the invoice from the rental car company or from the easy Pass people, and they're going to turn around and pass that through. So you know, whether it's through the easy pass people or through Dollar. You're you're probably better served to deal with Dollar, I
would think in this case. But but I would never call my own credit card and say the word fraud unless I actually thought there was some fraud going on, because what you experienced me the word ford.
Yeah, but I didn't say it.
It sounds like you said something that rhyme with it or something, because I guess once they once they push that button and they issue the new cards, everything down that road, you're all of your auto pays. Everything else is history.
Everything I know. I was like, I didn't say fraud. Let me just change that to dispute. Sorry, you already said you told them.
No.
I was like, oh my goodness, Yeah, next time, what to say to that lady?
Yeah, be careful with that one.
Yeah yeah, So I guess what I'll do. You can never talk to a human on Dollar, and none of their websites actually take you anywhere. It says, oh, press this button, then it says sorry, this this site doesn't work. So they are impossible to even speak to a human or even get their websites to work.
So I guess I feel your pain, Denise, truly feel your pain. Any ideas, guys, of any other avenue that she may pursue.
I think she's done everything she possibly could. She even I mean, I would if you're really worried about dollar coming after you for fifty bucks, write them and break them a nice letter or yeah.
Just send a copy of the receipt from an easy pass two dollars.
Yeah, that's really not a bad idea to communicate in writing. I mean that it seems kind of old fashion and stuff, but it it. Oftentimes it's just something that they have to deal with and they'll it seems like they walk around in circles till they find a live person to hand your letter to. So that may be the best avenue that you could take here. But all in all, be thankful it's only fifty bucks. And you know, in
the future, I don't know. I travel quite a bit and use rental cards and I always just opt for the the you know, the paths that I can get from the rental agency. It just makes life simple and I don't have the problem of trying to track them down two or three months later when the bill finally came out. So sorry about that for you there, Denise, but thanks for sharing it. With us. We're going to move along here. James, you've got an issue with your transmission.
What's going on? James, say again, where's Tom? I think he was asking if Tom is in jail? Is that what you said? James?
What's that?
What was your question about Tom?
I have somebody mechanic has a shop Alex Automotive. I spend thirty five dollars on a rebuilt transmission, and it's I took the car back three times, which is for the same problem, the same cold.
So what's the problem with it? James.
It's like the sylenoid of something with the transmission. So he gave me a one year warranty. I've been to three times about the same problem, and you know, I just want my money back. If you guys can help me out, I'll just take it to somebody else.
But yeah, I had asked him.
I said this is the third time, and I want my money back, and he said he wasn't going.
To give me my money back. I had got.
A couple opinions and they had said that I didn't even need a rebuild transmission. I only have one hundred and thirty four thousand miles on this two thousand and two Cadillac.
So how long have you had the new trainee in the car. Has it been almost a whole year?
We're about I'm at work right now, but but I think it's been about maybe four months.
Now, Okay. And each time you take it back, does he fix it?
He did the second time, but about two weeks later that cold came back up again. And yeah, for the same problem.
James did he James, this is bo dead Alex Automotive candor over a warranty on this transmission.
Work to you?
Yes, sir, he did.
What was the terms of the warranty.
The second excuse was is that the car needs a computer?
And what about the terms of the warranty six months a year?
Yeah, whatever, he fixed and if I have any issues with it, I take it back within a year.
So it's been back, if I understand you correct what James. Listen to me, shri It's been back three times, is that right?
I've had the code come up. I didn't take it back the third time because I'm calling you.
Okay.
Hey, he just he's just kind of like, isn't concerned. He gives a person the opinion that he's not concerned about you. Know the car or his work.
So have you considered taking it to a different mechanic to get the issue diagnosed host once and for all. It doesn't sound like this guy is really trustworthy. And John, don't we have somebody on the refer with somebody comes on Fridays.
Kim camer We should get transmission.
It would be great to talk to talk to them about your transmission problem.
Yeah, let's do that, James. Now, let's say if you can get camera on the phone. Okay, thanks James. Peggy, you are live on the Troubleshooter Show. This is John Fuller. How can I help you? Peggy? Are you there?
I'm here, Yes? Can you hear me?
Yes, ma'am? What's going on?
I have an issue with a moving company. It's kind of long. I'll make it, you know, as short as I possibly can. So I had to sell my rental property in Denver after my father passed away, and I had a piano, a very old piano, like a hundred year old piano in the basement that I was giving to my friend. So I call moving company. I just googled and should I say the name.
Of the company?
Yea, what the heck?
So I googled it, and so all my sons came up, because hey, all my sons. So I called them, and a little did I know they weren't a local company. Dallas Corporation had bought them out. And so when I called, I got some representative down in Dallas. Told them what I needed, and he said it would be six hundred and twenty five dollars or something like that. And I said, oh, okay, that sounds pretty good. And then I called another company
and they were about the same price. So I thought, well, I've already booked something with all my friends, all go ahead and keep it. So I told them, I said, this is a very old piano, the harp in their's breath. It's solid, it's very heavy. You need to send plenty of big, strong guys because we have scares to go up from the basement.
I think I know where this is going. Peggy, hang on, we got to take a break right now. We'll be right back to hear the rest of your story.
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All right, John Fuller, back with you on the Martino Troubleshooter Show. Here I am filling in for Tom and Mark today. We're doing our best to address your issues and solve your problems. We had James on the line who's been holding with a transmission issue, and we've got Jeff Vic on the phone. Jeff, how you doing today.
I'm doing well, happening on.
That great Happy New Year to you as well. So James is on the line here, I'm going to turn it over to James. He's got a transmission that was replaced in a vehicle and it had a one year warranty and he's had to take it back two times. He's now on kind of the third time for the same issue. He's growing frustrated. Was hoping that you could talk to him about the issues that may be going on, and what's happening, James, are you there, yes, sir, So
James explained to Jeff exactly what the problem is. It keeps popping up on this transmission.
Okay, I'm not.
A mechanic, so it's a cylinder something that goals that's connected to the transmission. I've had the cold come back three times, twice after he had serviced the transmission, the mechanic Alex, and I just the second time, I just ask him, you know, I just wow my money back. You know, my stepson works for a small shop. He hasn't been a mechanic for a long time.
He told me that it.
Seemed like his opinion was that they were in a hurry to put the transmission back together, so a lot of it wasn't connected, including the cruise control all right. So that's just, you know, one of the issues.
And I'm just you know, this.
Is the code came back for the for the third time for the same problem, and you know, I just need some help if somebody can, uh so I could get my money back.
What code or codeses are storing?
Sir?
I'm not I'm not at home right now. I'm at work and the cylinder, cylinder something with the transmission, and uh, it just this is the third time that particular code had came up.
James Again, that's a Cadillac, is it?
Or yes, sir, it's a two thousand and one Cadillac al Dorado. It had one hundred thirty four thousand miles on it. And I was told by teach Separate mechanics the car really didn't even need a rebuild transmission.
Well, that's a lot of that's.
A lot of money, thirty five hundred dollars, that's a lot of money just to you know, keep going back to this person, and you know, it's it is frustrating.
It's easy to say it didn't need it after the sack unless they you know, unless they were able to look at it prior to the overhaul. And I can't say that they know that for sure. I mean, you keep saying cylinder, Does it mean solenoid or is it actually a cylinder code?
They actually the transmission, Well.
It would it would be a solenoid if it was a right related to the transmission.
And that's so, yes, that that doesn't have the doubles.
With the solenoids on those fourty eights. They added a bad tendency to break where they actually go into the reports and they will call them to leak off there. There's an update that goes in there where it actually has a metal bracket that holds them together more to prevent it from the future. As far as we were talking about as a cruise control and everything else, I mean, it sounds like a sloppy installation, but without looking at it, I don't know the.
Air conditioner, there was some wires wiring that was not connected. He'd put cape on some of the wiring, some electrical cape. I don't know what that was for. But yeah, it's it sounds like a sloppy and looks like a sloppy job.
Hey, Jeff, what advice would you give James for moving forward? Where does he need to go from here?
Well, I mean it'd be best if you could result it with him, but I mean, at very least, you know, to get into somebody like me, Well, we can at least look at the installation and see whether or not all of the damage they're seeing is actually related to their work, or if it looks like it was done prior to and they're just taking the blame for it. To take a look and see what these codes are. It'd be nice to know the actual way to see
the codes. Just because you have check engine light come on does not mean that it's going to be the same code of Econore's multiple codes of what cause that?
Oh it's the same code that comes up. But the second time I went to him, he said that that I would need a computer for the car.
Well, what does that have to do with the transmission?
So that's a separate issue from this code.
This basically well, I don't know that it does or doesn't because I haven't looked at it, But I mean computers will obviously, you know with the computer control transmission. They do effective whether they work again, you know, getting another set of eyes on it, you know, no offense I got. I think he said it was your son or your son in law that also works at a shop. But that's a biased opinion. Let's get it in someplace where you know, somebody like myself or the guys will
budget and you know, take a look at it. There's this installation actually really poor, or with some of the spider damage that they're just taking the plank. What's the actual code and what's the procedure we need.
To do forward?
James, are you okay with that plan?
Can you engage camera transmissions for a diagnostic service on this.
On this thing you're I'm pretty sure that you're familiar when you take your car to a shop, the dynostic is not free anymore.
Yeah, well, it's worth the investment. I mean, you already dropped three and a half jees in to this thing and it's still not working. So let's invest a little bit more into proper diagnostics service with a trust the transmission store.
All right, So can you do me a favor and email me a shop?
Thank you, Jay, but I will give you We'll give you Jeff's number. Yeah, go ahead, three oho three six nine three one four zero zero. That's chemera Transmission. Give them a call. They'll definitely take a look at it and give you an unbiased opinion.
These guys are the best.
All right, Thank you guys.
There you go, James, report back to us afterwards. Okay, thank you, Jeff, thank you. Hey, We're going to uh move right along here. We've got a number of people that have been holding for for some time.
Here.
This is the Troubleshooter Network. I'm John Fuller. We're next going to talk to Peggy. You've got the issue. We started to talk about your piano. You were moving the piano to I understood to be a fairly short moved to a friend or something local. Is that right?
Yeah, it's like five miles there.
Okay, so tell us what happened with the piano. You had a heavy brass piece in there. What happened next?
Okay, so they sent three movers who I'm thinking, Okay, Well, they looked at this piano, they tried to move it across the floor and went, this is really heavy. We're gonna have a hard time. He ended up the stairs and I said, I told you to send five big guys.
And they didn't.
So and I'm paying these.
People by the hours after you pay the first quote, which was six hundred dollars, right, and so then I'm paying it took him. Well, first of all, let me back up. They moved my window around. They never called to tell me any of this stuff. I'm the one that had to do all the calling. The movers were late from a previous job.
Piggy.
That sounds extremely inconvenient, and I can see why you're upset to it by it. But let's hear what the actual, really big problem is that precipitated your phone call to us we're waiting for the crash.
Okay, Well, first of all, they had two of my tenants helped them up the stairs with that, which is I'm pretty sure against the law if they would have gotten hurt. Number one. So they finally get this beast of a piano up the stairs. Took them over two hours. Get it on the truck, we take it over to my friend's house. They look at her house and they say, we can't get it into her house.
There's just no way.
But they never took it off the truck to turn it, and you know, put it on its end to try it. I said, okay, let's go to the backyard and see if we can go up the steps on the deck. And it had been raining, but the steps weren't slick or icy, they were just a little bit damp. And they said, no, we can't get it upstairs, and so it was sprinkling. They left my piano in the rain. They said we can't complete the job. They wrapped it
in drink wrap, left it in the rain. And I'm like, really, I said, can you just leave it on the truck and come back tomorrow? And they wouldn't do that without charging extra, and they couldn't. I called another moving company who came up the next day. Five big guys got it up the wooden stairs into the house and and like it took an hour for less. So I called the manager all my friends and I, you know, I
tell them what happened, and I would hadn't paid. I shouldn't have, but I did because I'm honest, and I paid, and then I thought about it later. I disputed it with Visa A couple months later. Visa took their side.
Well, hold on, Peggy, why what happened with the piano? Is it okay?
It is okay?
But they did damage it? Okay, was down and now now they're saying they don't want to pay for the damage, which in the contract sixty cents per pound. This is about a thousand pound piano.
It's very heavy.
And they said that I didn't get my paperwork in in time, that it has to be done in a certain amount of time. And I said, I have sent you paperwork, I have called you a million times. You never get the paperwork. You never have a file conveniently enough. You'll call me on Friday. You never do every week. This happened, and they just want to work with me.
Now they're not even going to pay the damage. I put out over two thousand dollars to move this piano, thinking I was going to put out six hundred, you know, plus a tip. And so now I'm retired, I don't have that kind of money. And now they're saying they're not going to pass it. This piano is set in the basement for sixty years, undamaged, and you guys scratched it and dented the leg of it, and you're telling me you're not even going to payggie damage.
Hey, are you?
So?
What is your ultimate goal on this? Do you want all my sons moving in storage to pay for the damage to the piano or do you just want to refund for the six hundred bucks that you paid them to kind of, you know, do half a job on this?
What is your idea?
Then twelve I paid them twelve hundred and fifty nine dollars. John, they doubled the price. They added all this tax and mileage and stuff on twelve hundred and fifty nine dollars I'd put on my visa, which I disputed, and then now they won't pay me the six hundred dollars for the damage to the piano. So I'm out a lot of money. I'm retired, I'm mad, and I just think it's very unfair.
Do you like, is this the all my sons?
Way back? Actually?
Was this all my sons? Moving in storage here in Denver on Lema Street. Who are you dealing with over.
J I don't they have a couple of locations. I don't know if it was the lake Wood one.
Okay, do you have a contact over there that you've been speaking about this with.
Well, right after all that happened, I talked to Christian, who's the manster, and I believe this is his number, and he was a very annually, wouldn't work with me at all, wouldn't refund any of it.
What's his excuse, what's the reason that he doesn't want to give you a refund or pay for the damages?
Well, he said, because they can't, because they couldn't get up to the house. They thought it was fine to just leave it outside shrink wraps. And I said, but you didn't complete the contract, right.
Hey, Peggy, have you had anybody look at the damage?
No?
My friend has you know, the pianos in her house?
Now, I described the damage for me.
I had pictures before.
Tell me what it looks like.
They scratched the dropboard that comes down on the keys. They scratch that the front left leg. They're kind of pedestal legs. It's an old piano, took a big chunk out of the corner of vat and several other scratches.
Have you had anybody look at it to appraise it?
No, I have not.
I mean, you know, we can get involved in this case. I can, you know, easily have Demetrio assessue with it. But the bottom line is going to be you have a duty to mitigate your damages. You have duty to, you know, to evaluate what those damages are. And you know, I think you're going to want to get an estimate of the damage and have somebody look at it. I mean, certainly, almost anything you can do short of dropping that piano out of a window or out of a window could
be repaired by you know, some specialists. But you're going to need to know what the amount of damage is because that really is what your damages are in this case, and then I think we'd have better luck really addressing it. Ultimately. You may have to think about taking these guys to Small Claims court over the damage, but you're going to have to look really carefully at the contract to see exactly what their liability is and what rights you have
to go after them. You may have signed an arbitration provision. You may have completely foreclosed your ability to go to court to get any sort of resolution here.
I think they only do half the job done. They I mean, they didn't have the job.
They took it out, but they didn't put it in, so they did have she hath a valid claim for getting half money back.
He does. But they didn't abandon her. They just couldn't finish it that day, so they were deprived of the opportunity to come back and finish that job.
No, no, no, John, They said they would charge me again. I said, it's raining. Can you leave it on the truck at least and come back tomorrow and finish the job. And they said, we can't leave it on the truck, and if we come back again, we will charge you again.
So did they did they feel like the job was complete at that point, sitting in the backyard, they felt like it was.
And then, like I said, the other moving company brought five guys and they got it right up those stairs. I think they just got lazy and didn't want to do it, and they didn't even try.
They didn't even try.
They looked and said, we can't get it in the house.
So they quoted you six hundred, and they charged you twelve hundred, is that right?
Twelve twelve fifty nine and sixty cents.
But their original quote was six hundred, six hundred.
And then the second company you got it in for seven hundred I think. And then I tipped those people. I didn't tip the first people obviously. And yeah, and then the damage and they've been they've been jerking me around for months.
Did your friend pay those bills or did you have to?
No?
I paid it all.
It was a gift to her.
I thought, if I can get this piano that I've had my whole life to her, I know where it is. You know what I'm saying.
I have one question for you, Peggy.
Now that you've had a second moving company involved, they're going to say that the second move a company did the damage and not them, and the second moving company say no, you guys did it. So I think it's going to be much more difficult than it first appeared to UH to assign responsibility for the damage that was done.
And just so can I interject something for people listening, There are great companies that specialize in moving pianos, and if you go online and look for companies that specialize in that, you'll have a much better experience. We had have panel moves also, and we just went with companies I don't remember the name of it was a while ago, but that specialize in moving pianos. They have the right equipment,
they can take it apart, put it back together. So if anybody out there wants to move a piano, don't call a regular movie company.
Right, Peggy hay On, We'll be right back.
Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call compass insurance paying too much your coverage at dozens of insurance companies find out now three O three, seven to seven to one. Help you'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Good afternoon, John Fuller, back with the Martino Troubleshooter Show. So we're on the line here with Peggy and we were just talking about the the trouble that she had in moving this piano. And and as Doc said that, you know, pianos are specialty items, and just like any antique, there are people that specialize and know what the heck they're doing. And it sounds like all my sons is that's not really up their alley, or you've at least got one huge, a you know, strike against them for
anybody else considering the the moving of a piano. The thought that we've had kind of off the air here Peggy was that maybe you know, a well placed phone call to you know, to all my sons, perhaps one of our deputies, Dimitri here would be willing to help out and contact them on your behalf. I mean, the challenges that you're going to have, like Doc said, are that they're going to say, well, the other company must
have done the damage. And then they're going to also say that you know, your remedies were foreclosed by you not making the proper claims and stuff. I mean, really, the lessons of Peggy here are that you know, every time that you try to exercise a warranty on a consumer item, you have to understand that the companies really don't want you to be successful in filing a warranty claim. They would really just prefer that you either buy another
one or go away. And very few companies these days are truly interested in standing behind their product or service so that they make it super easy. And that lesson could be true for things like you know, your warranties on your vehicles, your gap warranties and stuff. I mean, I run into this all the time in my practice with people that lose their vehicles to a total loss and a crash and they say, oh, but I've got
gap insurance. And you talk to them and they you know, they've lost their paperwork, they don't know the steps to go through, and by the time they figure it out, they have violated one of the provisions about how specifically a claim has to be made. And so you know, I sympathize with you hopefully Dimitri can help you and
achieve some sort of a good outcome. But the lesson for everybody else is that, you know, you almost have to reach out before these situations present themselves, because whenever you get a second company involved, you're just setting up this circumstance where everybody's going to point at everybody else and you're going to be the one that loses no matter what. So I wish you luck with your piano.
You're in great hands with Dimitri, and we'll put you back on hold and get your contact information that he can he can talk to you after the fact. Okay, thanks Peggy. So I was listening to the news this morning. We're having all these these new laws that go into effect in Colorado today. Did you guys hear some of the crazy stuff that we've got out there.
I don't wonder it about the since Dmitry brought it up, but having a concealed carry permit that now you have taken eight hour class in order to get to conceal carrie permit, Yeah, which I don't think you had to.
Do, right.
I had to take a class, but it certainly wasn't eight hours. Yeah, So I think that's one of many that we can talk about. We're going to go to a break right now. We'll be right back, and I'm interested in talking about particularly the one that I saw this morning was the one about the mushrooms now being legal for uh for psychiatric help and stuff. So we'll be right back to talk about that. Thanks.
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Three oh three nine two zero sixteen twenty two.
Good afternoon, Welcome to the Troubleshooter Show. My name is John Fuller. I'm a personal injury attorney. I'm not Tom Martino, but I am filling in today and tomorrow, and so we are looking to help you with whatever is going on in your life. Mister Fuller secured, Yes.
We have a listener email to you, John Fuller says you should have a dash camp. Can he make some recommendations as to what to look for?
And more importantly, why Yeah, So now you're now you're preaching to my choir, so to speak. So so here's the deal. You know, I'm a personal injury attorney. I represent people that are victims in car crashes. That means that you were not at fault for causing the accident. And in some cases that is incredibly clear you were rear ended or something where there's a presumption of negligence on the person that runs into you, or cases like that where there's just very little to argue about. But
in other cases, there's a lot to argue about. And you think about cases like left turn cases where you are turning left on a green arrow and the other person swears that they had a green light and one of you guys is wrong, and so how do you resolve that? The reality is many times you don't. What happens is the cops show up and they talk to one party and they talk to the other one and they just go, you know what he said, she said.
I can't get a clear statement. There's no witnesses. They don't even write one side or the other a ticket and they just leave. They document the accident and they leave and forever more. What I can tell you is that the insurance companies will not accept liability and they will not pay for those damages. So we're going to talk about dash cans and how they kind of change the landscape right when we come back on the next break. So hold on, guys, go.
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You need advice so you don't have come run anxious as fast as we can. Shooter's gonna help coming man.
This is the Troubleshooter Show. Now, Tom Martine, Hey.
Good afternoon. This is John Fuller, not Tom Bartino. But we're here on the Tom Martino Troubleshooter Show, and we're here to solve your problems and take complaints and and otherwise help you with anything and everything that we can. And so we encourage your calls. We have open lines this morning, and we are here to help you. So pick up the phone, give us a call. We'll go from there. Going into the break, we were talking about dash cams and I just want to wrap that up.
The beauty of a dash cam is that it completely takes away that he said, she said side of things and eliminates completely the issues of who's a fault on accidents. You know, for a long time, we were always searching for witnesses, and witnesses are okay at best. You know, if somebody was standing there and you told them, watch right now, the accident's fixing to happen, and I want you to notice every single thing about it. You know, they probably do a pretty good job. But witnesses are
just like you. They're looking down at their phone and their radio and yelling at the kid in the backseat, and they're never just really really, you know, paying one hundred percent attention. So their assistance is valuable, but it's nowhere near as valuable as having a four K color video complete with you know audio on it to capture what happened in the scene, not only from the liability standpoint,
but also what happened to you in the car. So we frequently see you know, crashes that you know, the occupant hits the steering wheel and stuff like that, or or you have an insurance company that's coming back and saying, we don't think you had your seat belt on, and boom, we've got a video that proves it absolutely that the seat belts were on at the time of the crash. So dashcams are cheap. You can buy a decent quality one on Amazon for maybe one hundred bucks, and that
would include both forward looking and backward looking. If you bump it up to about a buck forty or so, I mean you're really getting a high quality dash cam. They're easy to install. I highly recommend them. I have them on every vehicle and I recommend them to everybody. For a while there, I was even giving them away monthly to my clients and listeners here. But they're just
it's a cheap insurance policy. That makes sure when something bad happens to you, they don't escape valuability by pointing at you and saying you did something wrong. So we're going to move along here and take a couple of calls here, but if you have questions about dashcams or anything along those lines, definitely give us a call and we'd be happy to talk about that. So, Troy, you have a question about a ticket. What's going on? Troy?
Yeah, John, Hey, I was in the parking lot and it was the middle of the night, and there was a pretty small parking lot and I was backing up and the person across the parking lot was back at the same time. We met in the middle and I ended up getting the ticket because the safe patrol, you know, listened to the woman complaining a lot and he just kind of flipped the corner and gave me the traffic in fracs and it was back back in the It says back vehicle in a parking lot when it was
not safe. I said, okay, cool, no big deal. Thirty nine dollars fine, And you go online and you pay the ticket online and you get one point take it off the ticket.
Troy, where did this happen in the falcon in falcon Okay, what sort of parking lot was it in? Was it a was it a private parking lot? Public lot? What was it?
Yep, private parking lot? Okay, the park lot for the for the bank.
Are you surprised that the planks would issue a ticket for a private parking a lot accident?
Yeah, that's kind of what I was getting at. Did did anybody bring up the fact that you were on private property and the state Patrol really didn't have a lot of jurisdiction.
There unincorporated El Pasa County, So the state Patrol was one that it answers all the traffic calls out here.
Yeah, but jurisdictionally, for that ticket, you have to be on the roadways of the state, at least in my understanding, I don't. I don't know that the state Patrol has the authority to to write you a ticket on private property. Have you have you looked into that at all?
Now for thirty nine dollars in one plant, I said, it's not worth my time going to the court house and talking to the judge. So I went online and when I went through the process to pay the ticket online, what shocked me was all the rights that you give up when you go online and pay that ticket. Yep, you give up the right for room, you give up the rights to remain silent, right to be represented by attorney,
the right to deny allegations. I mean, you just give up every single soul right that you have.
Yeah, that's absolutely true. And if you had gone to court, you would have had to do the same exact thing before you'd be allowed to enter a guilty plea. That's the same for I mean, listen, this is not really a criminal case, so to speak, but you do have some rights, and when you electively guilty for them, what you're effectively doing you have to waive all those rights to force the prosecution to prove you guilty of that crime, however minor it may be. So that's that's pretty typical.
Yeah, why is it there a no contest Like, yeah, yeah, I can't. Yeah, it's the miidle of the night and two people are backing up.
Yeah, you know, no contest is a thing that we just don't really have in Colorado. For things we we have, you know, in more serious cases, we have something referred to as an alphab plea, which is basically admitting that you know, you would likely get get convicted at trial, but you're not going to admit to the facts that make up the predicate offense. And that really only comes up in a more serious case. But it's it's kind of like a no contest. But but we really just
don't have that in Colorado. It's a it's a creature of statute and the states.
That allow it. Wow, that's crazy.
Yeah. So what what may surprise you though, is it was there damage to your vehicle in this.
Not to mind, but the the other person so I gotta cheap with a really heavy metal bumper. Yeah, I didn't get a scratch and the Sudan uh they got they got crumpled.
The thing that really sucks about what's happening to you is that likely that person is going to be filing a claim against your insurance and they're going to use the fact that you were given that ticket as evidence that you were the cause of the accident, and you'll
have a claim on your on your history. So these tickets, even though they are not a lot of money, they do kind of you know, they do kind of represent the final you know answer if you will on who's going to be at fault or considered it fault, and they're not even really admissible in a civil trial. But from the perspective of the insurance company, who got the ticket is largely controlling on who's going to end up being liable for the accident.
Right, So you know, even though the safe control is the judge and jury, well.
That's because it's an infraction, and that's kind of how they do it and in that county and many other counties. But it's not so much the process that we're talking about here. It's the end result, which is once you've pled guilty to it, whether it's online, in person, after a trial, whatever, Once that guilty plea, you know, that guilty plea enters and you're officially you know, quote unquote
guilty of that infraction. Your insurance company is going to look at that and say, well, you know, here's the deal. Both sides disagree about it was a fault, but the officer investigated talk to both sides concluded you were the
one at fault. The officer thought that you were negligent in the operation in your vehicle and backed it into this other person, and you went to court and pled guilty for it, confirming that the officer's suspicions were correct, and therefore they're going to accept liability for the accident
and pay for it. So you can jump up and down all you want and tell your insurance company not to do it, but the likelihood is that when they exercise their rights under their policy to make a decision that even you know, even though it may be adverse to the instructions of their insured, they're probably going to accept liability to the other side and pay for that property damage. Okay, sorry, man, that's that's just kind of how the world turns on those little tickets like that.
I hate them. I think you probably had the ability to go in and suggest that that cop didn't have jurisdiction, or at least you know, that challenge may have had some weight. But once you've played guilty to it, that's one of those things that you waived in that big laundry list of stuff that they made you agree to online, Troy, this is bo I know you are.
You've pled guilty and paid the thirty nine dollars fine, but it would be an interest to us and the listeners if you could call the captain of that particular precting of the State Patrol, and just ask the captain, why did I get a ticket issued on private property? Even though it's all said done. I just don't think they could do it. I think it may be could be resended. I just don't think they have the jurisdiction.
Hey, I have a little bit of input into this.
Bo I just did a quick Google search to see if Calida State Patrol can write tickets on private property.
And here's a quote.
The very first line item is a quote from the State Patrol, and this guy says, in twenty twenty three, we've written over three hundred tickets, and the agency will write tickets for the following violations on private property unsafe backing. That's the first thing that came up.
Wow, that's crazy, crazy, crazy, Jay, You've got to comment on Troy's ticket. What's going on?
Jay?
Hello?
John? Yes, sir, Jay, tell us what's going on? You've got to comment for Troy's ticket.
Yeah.
In Colorado they helped some jurisdiction on private property, believe it or not. Plus, things like banks, shopping centers can to dedicate their property in different ways. Usually it's called dedicated city property, which allows law enforcement to do as they please, hunger.
Interesting, etc.
Just makes it easy for him and it's safer for everybody.
So I think you're right. I think I've heard that before. You mentioned a bank, and that is a special jurisdiction. So thanks for sharing that. I appreciate it. I think the Troy, I think you're you're your goose is cooked here, so to speak, on this ticket.
So, John, is there anything he can do to withdraw his guilty plea? Can any of this be undone with a trip to the courthouse?
You know, there are only certain circumstances that would allow you to withdraw a guilty plea, And and really, if you were, if you were interested in doing that, you're almost going to have to have an attorney involved. And even then I think it might be might be difficult given all the things that you waived and you know what, not to enter that guilty plea online. So Troy, unfortunately, I think you're I think you've reached the end of the road on that. So good luck in the future. John,
You've got a question about traffic tickets. What's going on? John? Hold on, John, We'll be right back. We got to take a quick break.
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Good afternoon. This is John Fuller on the Troubleshooter Network. I'm Tilly in for Tom and Mark today and we're just going through all sorts of good stuff. We're here to help you solve your problems, answer questions, and take complaints. Following up on the dash Can conversation, we had a listener email me asking for a specific recommendation. Ma'am, I would say, if you want to give me a call later in the office, I will go onto Amazon and help you pick one out. I don't have the exact
make and model that I used to recommend. And here's the reason why I think that there is a little bit of a variable that you need to decide, such as some contain a camera for the back of your vehicle as well as for the front. Some contain a camera for the inside of your vehicle as well. So you can either have a front, back, or an inside or all three, and you really need to decide for yourself which one you want. And so I think it'sind of crazy to buy one that has all three if
you only really need a forward looking dash cam. In my mind, the most important one is the forward looking dash cam because that's going to generally get all of the street traffic lights and stuff that are going on, you know, immediately before an accident. If somebody rear ends you, that rarely is in dispute. I mean, the fact that the front of their car hit the back of yours is kind of a no brainer. Unless you were going
backwards down the road doing fifty miles an hour. Chances are pretty good that that person was liable for running into you, and indeed there's a presumption of liability. But I would you know, at the expense of recommending a particular brand. That's what I look at is just what
model best fits my needs for my vehicle. Back in the day, I used to drive a pickup and I, you know, I felt like the rear facing camera really didn't make any sense because the bed of the pickup the tailgate when it was closed, which was high enough that it didn't really allow the camera to look down on the car behind you. So it was kind of a waste to put in a rear facing camera. So it really depends on your vehicle and you know what works best for you.
If you go on YouTube, there are a load of unbiased reviews of veshcams giving what the pros and cons of each mindel age what the cost is, which is how I bought mine.
Yeah, but you go on YouTube, you can find a myriad of.
People that will give you a good idea of what to buy depending on what your needs are.
Yeah, that's great, you guys. So, Susan, if you exhaust that and you don't find an answer to your question and you want to give me a call later, I'd be happy to help you.
So can you please address the possible downside of a driver facing camera because it could catch you holding a coffee or a phone or shaving, and so my concern would be providing some sort of evidence to the other side. That's going to be used against me in a claim of contributory negligence because I'm operating my shaver when I'm driving down the road.
Yeah, don't shave on the road. You know, solid advice from a from an historian Stoyer. Don't put your don't put your makeup on driving down the road. You know that kind of stuff. Do you eat my bowl of soup. You can eat your soup. Dragon, Come on, man, thank you, good lord. You know, listen, that's just a legit thing. I mean, what's good for the goose is good for the gander. If you have your vehicle all wired up
with surround sound and cameras looking in every direction. I mean, you know, there's a lot of Uber drivers that have interior cameras and stuff because they want to they want to make sure to capture if something, you know, they get assaulted or anything like that goes on, or somebody barfs in the back seat over there. They want to justify the fee.
You know what.
Also, they do it because of any any claims of female passengers being abused or sexually assaulted.
They have, like Dragon in the back seat. That's always a risk.
You know, here's the blackballed from every right share app out there.
He has to log in and they're like, not today, sir.
Hey John, This leads us into what you were talking about, the new laws that are coming into effect.
What what what ones you think are important?
Yeah, let's get to that. John's got to comment or a question about traffic tickets. Let's handle that real quick, and then let's go down the list of the new laws. So John, what's going on?
But thanks John, this is one of them.
And this is right.
It's crossing over this WL lines into uh the UH express range yep, and they're going to start enforcing this. Well, I got one early and it didn't come through as a moving violation.
It came through as a civil fine.
Yep.
And this is a violation. I should have the right to defend myself to my user.
How is this a legal ticket?
I totally agree with you, John, you're like my brother calling I think or something. Here's the deal that that that is a civil violation. It is specifically set up that way so so that you don't have the right to go to court and challenge it, because there's almost no way that they could really defend without dragging in tons of camera equipment and the films and everything else,
and it's just a racket, in my opinion. I have actually received one of those same little love letters in the mail myself, and though I know I had barely cut the corner of entering one of those lanes and stuff, but the dang pictures were so clear and it was forward backward, sideways. It was like there was a dang helicopter following me down the road and taking this photograph
that I paid it, But I mean, it's scary. And I drive that express lane every single day, and you really have to watch because even when you think it's you're in a spot that you can move over, you got to be careful. And so when you get behind somebody like Dmitri that's doing twenty miles under the speed limit or something in the left lane, that's the rinker always on with the blinkers hazards on at the same time.
And in my situation, I was like you, I was a little late getting in, but I ran the whole lane. I ran the whole express.
Lane and I got and I got charged for it, So they should be able to see.
That I didn't do anything ill, like literally illegal like cutting lane, shifting in and out. I was, I got in, I ran the whole track, and I should be able to defend myself in a situation like that.
So how is these tickets legal?
No?
I agree with you because they said they're legal, and they that that agency basically enacted a rule that says that they can do that. I will tell you that on the ticket, they do offer you the ability to go in and challenge it, but it's a totally administrative little hearing, and I don't know anybody that's actually done it, but there's nothing about it there that that resembles a
court of law. And if that were a defense man, I've got a five page express toll ticket every single month I would get I would go in there every time that something like that happened. But I, you know, like you, I just wrote the dang check.
And what if you're just trying to avoid some debris in the road and you swing out a little bit. You should be able to explain yourself to somebody.
I agree, and hopefully that hearing affords you that opportunity. But you better hope that that debris on the camera or you're you know, the problem is you don't get the ticket for you know, four or five weeks down the road. It's not like you get it two days later and you go, oh, yeah, there was a tire in the room, and then my.
Dash cam video has already been overwritten.
Right right, So that's definitely an issue. So John, I wish I had a better answer for you, Bud, but it's it's a money grab, is all it is. They're trying to recoup the money that it costs to build those extra lanes, and I think it's just we're going to get more of the same going forward until we've got those express lanes all over the Metro area and up the Mountain Quarter and everywhere else. So good luck
to you, partner. We're going to be talking now about some of the new laws and that went into effect yesterday, and I have to say that some of them are just utterly ridiculous. And I don't want to get into the politics of the situation, but things like the cell
phone issue. I mean, look, I'm a guy that handles cases where people do dumb stuff and cause accidents, and I am not in any way suggesting that you should use your telephone on, you know, while driving, or you should be texting or any of that stuff, and I hear it all the time. But to prohibit somebody from even touching their phone or picking up the phone, it's
just ridiculous. And you know, just ride share apps, You've got things like ways and you know, maps and stuff that can absolutely help you avoid dangerous things on the roadway and stuff that are getting in your way. I just think that's crazy and it's an overstep by the authorities.
I also am concerned about the primary offence aspect and whether that allows the cops to pull you over for that and no other reason, because I think that opens the door to some search and seizure issues that are going to be problematic for a number of people, going, Hey.
John, don't you think it's so easy to get a phone holder.
Rather?
You know, just there's so many models we can just throw on your dash or your Winchiel and look at it without using your hands.
I have to disagree with you on this. I think it's it's a reasonable.
Law that you really should not be looking at your phone or having your phone while you're driving.
Yeah, but what's the difference in looking down at the phone in your hand and looking at the phone in a holder two inches away in your cup holder.
Yeah.
No, I think it's dangerous to be looking at your cup holder.
It should be on. I mean, so then what's the answer. Do you want to just ban phones and cars all together?
No?
I think this is a reasonable law, that's all.
I don't like the law because sometimes I need to pick up the phone just to glance at it, to look at the GPS. And John, you made a valid point. It's another way for the government to take away our rights because it's giving to police another probable ca odds to pull you over. I mean, they can pull you over and they just say you're handling your phone, and then the search would give them probable cause and look
at other things. It just gives the police war. Yeah rights, then our rights of citizens being taken away by all of them.
I don't think it gives them the right to search your car.
Sure does, doc Absolutely, it's a if it's a valid stop, it's a valid It gives them a product into that. So no, hey, we're going to talk about this when we get right back. We've got to take a quick break there, Dot.
So.
Go with a sure thing. Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven seven one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Welcome back to the only show of its kind where we have recovered over three hundred million dollars in cash, merchandise exchanges and refunds directly because of this show. I'm talking about the one and only Tom Martino show the Troubleshooter Network. My name is John Fuller. I'm a personal injury attorney here in Denver. Have been called in for
special duty for today and tomorrow. I've got my noble staff of deputies here, Dimitri, Doc and Bow and we are working through all of the important issues.
Well, I think Tom thought is going to be a car wreck, so that's why he brought you into this show.
Yeah, it could have happened, but much to his chagrin did in today. So hey, we're we're looking at open lines right now. We are here to help you with your problems. Give us a call about anything. It could be personal, injury related, it could be any problem whatsoever that you need help on. We've covered a lot of
ground this morning. We had a guy that whose wife was scammed out of several thousand dollars due to a phone scam where they claim to be you know, fraud department in his bank and you know, claim that the bank was getting shut down and all this craziness. Hey, the point of the matter is that we all got
to work together to protect each other. And when you hear these scams, you need to listen and take it to heart because it could easily happen to you or your loved one, or your mom, or your wife, or your kid or anything else. And so the more we know about these issues, the better we can help, you know, prevent it from happening. And just as soon as we get on top of one, these guys are pretty smart and diligent, they'll come up with a new scam and we'll be dealing with them tomorrow.
I just want to interject that anytime you get a phone call from from an organization or a government agency or a business, it's a scam.
They do not call you.
They will send you in either an email or in the case of the government, they will send you a snail mail on official stationery. So the government never calls individuals and companies never do either. So if you get a call, it's a scam.
Yeah, I think that's great advice, you know, and it goes beyond just financial stuff. I mean, you've got to protect your own personal health information at the same time. I mean I was just telling the story off the air. My wife's company has a pretty robust health insurance package and it includes somebody to call you and like a
health coach or something along those lines. And so I periodically get calls from people and it goes like, hey, John, we're so and so with whatever company, and we're here to talk about your quarterly you know, health coaching or whatever, and we just need you to verify your identity by giving us your date of birth and something else I don't know what it is. And that's where the call is right there. I politely decline and say, look, you're not going to call me and ask me to give
you personal health information over the phone. That's just crazy. And so the same rule applies. I mean, and they sound convincing, and I'm sure that these people are the real people, and I've talked to them, like how many people refuse, and they're like, you know, once in a
blue moon, you know. So that tells me that most people, when it sounds legit, they just turn over the information and you know, and maybe a lot of times it's okay, but sometimes, like the caller earlier, he's out ten grand or twelve grand, and his wife was, you know, scared to death that she was doing the right thing when this was going on. And so I just hate to see that happen. That's a lot of money and I
don't want to see anybody become victimized. So so be careful out there and don't give any information out over the phone. So I promise you we're going to get to the next subject, which is Doc's favorite subject, which is medical mushrooms and in Denver. So but in the meantime, we've got a couple of callers here. David, you've got a comment.
Yeah, actually, it's kudos to you to your firm. About two or three years ago, you represented my son, and not only were you fantastic, there was a little bit of a miscommunication on percentages, and you your people just said we were wrong and gave us all this money. And you didn't have to do that because we read it wrong. But you guys were treated my son like it was your boy, and I wanted you sit and I wanted you to.
Know that, well, hey, I appreciate that, David. I you know, it is personal to me. I'm not like a firm that you hear on the TV or something that's got twelve or fifteen hundred cases out there. You know, I'm the only attorney in my firm. Every single case is my case. My name is on every single fee agreement and on every single check and every single you know, settlement or trial or whatever we do. So it is personal to me. I really appreciate your call. I treat
every case that way. And so if you find yourself out there, you know, maybe David, you can share a little bit more information. I mean, had you had you tried to talk to the insurance company yourselves before he made the decision to give us a call, or what really turned you around and made you pick up the phone.
Well, from experience my own self, I understand how the how it works, but no, we submitted to claim the other person had insurance.
But of course we didn't agree with it. So I knew about you.
From Tom Martino and I known Tom for twenty years. So I just gave you a call and we're in the Springs.
My son came up to Denver to see you.
And you were.
Man, I'm telling you you were.
You followed up.
You followed up after we.
Got the clean paid. I mean, you don't get that from a lot of people. So that's that's the whole story. His name was Jonathan. He was rear entered in Colorado Springs by a drunk lady. Yep, and you handled it, you know, if you ever have, you know, I'm gonna make a little like Joe. I'm gonna go get in an accident just so you can represent me because I.
Just don't don't do that.
David.
I appreciate everything up to that point. You got to stop before you go and get into an accident. I remember your son's case. I know which one you're talking about. David. I appreciate the call very much. If you know, thanks for calling, but Steve, You've got a question about dash cans. What's up, Steve?
What I was curious is, if you have one and it's not complimentary to your situation, can you be compelled to provide that coverage by the police or another lawyer or whatever.
That's a great question, And so here's the answer. You know, I think Dmitri brought it up a few minutes ago. What if you were putting on your makeup or something at the time of the accident. You know, there are times when we legitimately bear some responsibility for accidents, and you know, and and so as a lawyer, I'm probably not going to submit a video of you know, of
my client unless it's complimentary to my client's case. But if we ever wound up in litigation and we were in discovery and we had a duty to to provide that information to the other side, we would of course have to to give that to the other side. So it's kind of a fine line between whether we're in litigation or we're not in litigation. But but you know, we would never say to a client destroy that video, we don't want to know it exists, or anything like that.
It's just one of those things. That we have to we have to work through, so.
You wouldn't recommend to go out for another drive, so what over.
Unfortunately, they don't really work like that. Most of them accumulate like thirty days worth of data before they start writing over stuff, So you'd have to drive for quite a while to actually, you know, to record over it. But I mean, you know, it's it's kind of common sense a little bit, you know. It's it's it's a quest for the truth, and that's really what we're looking for. We're looking to make somebody be responsible for what they did.
And if if it presents that opportunity, great, If if we bear some responsibility, we're going to try to advocate around it as much as we can, but there is a line that we can't cross. So thanks so much for the call and the comment. I appreciate it. We got to run to a break right now, but thanks.
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Welcome back to the Tom Martinez Show. This is John Fuller sitting here with Dimitri, Doc and Bo, my loyal deputies that are helping me out. I'll be here today and tomorrow. We're getting through a number of callers today. We've got open lines right now, so if you have an issue that we can help with, give us a call. We'd appreciate it. We look forward to the opportunity to help you. Doc, I want to talk to you specifically about the use of psychedelic mushrooms to treat PTSD and
depression that's now been legalized in Call Dorado. Have you heard about this.
I've heard about it, honestly, don't have any expertise in the area.
Yeah, well I haven't used it. Normalized psychiatrist, Well, what do you think about the use of like these non traditional things to treat real, live, traditional medical conditions. I think if the fact base and they work, there's no reason why we shouldn't be able to use them. How do you really track whether they work or not? I mean, what's the mechanism to prove that a particular strain of mushroom is going to be effective versus another one? And
do sing and all that stuff. I mean, how do you really know what you're getting into?
Well?
I think I think with mushrooms, it's the active ingredient of the lysogic acid, So it's like anything else, it's it's the content of lysergic acid in the mushroom that really is, uh, is what you're prescribing. So I think that's like any other medication, you have to have to be dose effective in order for you to establish you know.
Cure rate.
But don't you think that's really the problem is that it's not being prescribed per se. It's really being kind of you know, genned up in the I don't want to say the back rooms or something. But you've got non licensed personnel that are making recommendations to people with real live medical conditions as a supposed you know, cure treatment something. I mean, don't you see the problems there?
No?
I do.
I think that is should it should be regulated like other significantly impactful drugs. I mean, you can't just go to a uh, you know, walk into a clinic and get some morphine or dilauded or whatever.
It's regulated.
I think that the mushrooms out there regulated again based upon dosage and the you know, the ability of who it is that's following you.
Do you think that same recommendation should apply to medical marijuana.
Well, we've made it recreational, so it's hard to say, but I think but.
All the logic that was behind originally legalizing it was from a medicinal standpoint. Well that was step one, if you will, was, oh, think of all the people that were going to help with medicinal needs, and you know, these four pitiful people can't get it any other way. That was the impetus to bring the whole thing about.
I felt strongly that it should be regulated and it should only be used for medical purposes.
I thought they legalized marijuana because the police had better things to do than the rest. People with in quarter owns of marijuana. So it's like alcohol. I figured they might as well tax the heck out of it and make the government make money on it.
Yeah, bo, that's how they sold it to us.
But now I smelled dope almost every time I stopped for a red light and the window was open, So that was kind of like the camel's nose under the tent. It was supposed to be medicinal, which was kind of a shady, questionable claim. And now you can just walk in and buy and look at how many high drivers we have out there. I mean, John, you must see this in some of the cases you work. And isn't it very difficult to prove that the driver at fault was stoned or at least high. It's not as easy as with.
Alcohol, right, Well, no, it's not as easy. I mean, you know, in alcohol cases most of the time, all of the time, the level of intoxication is proved after the accident, right, I mean, by definition, I don't get involved unless there's an accident. So somebody has gotten into a crash and the cops have decided that this person is likely under the influence, and then they can actually force the blood draws that enable us to go back and extrapolate and determine the level of intoxication, you know,
based upon the chemical test. So it is a little bit different. We'll talk about the differences when we get back from the break here in just a second.
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D News need so you don't have.
To run ins as we can show. Shooter's gonna help.
Come sixth is the Troubleshooter Show. No Tom Martinez.
Hey, good afternoon, John Fuller here in place of Tom Martine, filling in for today and tomorrow. I'm here with Dimitri and Doc and Bow, my loyal deputies. We're here to solve your problems and help out any way we can. I am a personal injury attorney. I deal with car accidents primarily, and I've been doing it here in Denver for the last twenty two or twenty three years, and so anything that you have that might be related to that.
If you have any questions about insurance coverage, about who's supposed to pay water, just kind of the way these deals go down, feel free to give me a call. I'm more than happy to discuss those issues and anything
else that comes up. So before we went into the break, we were talking about this new law that has legal lives to some extent medical mushrooms, and we were tiptoeing down the road of you know, people driving on these and whether or not it's a purely medicinal issue, and then it kind of drifted over into marijuana, and the issue came up of you know, impairment and driving and how do you ever determine whether somebody is impaired for something that that people build up a tolerance for and
and often, you know, suggests that that you know, a certain quantity of stuff has no effect on them whatsoever other than to if to provide pain relief for whatever, you know, other issue they're trying to remediate. And and so Doc had a suggestion, and I don't think.
It was on the air, but what was your thought, Doc, Well, my thought was that everybody has a cell phone, so you have an app on your cell phone that just you have to give it to the person and it changes color or some something where you're testing your reaction time and if you if your reaction time is normal.
To me, that's what I care about. Somebody's on marijuana.
I want to know that they can where my break lights go on, whether it's a red light or stop sign, they're going to react with the certain parameters that are safe. And if they fail the reaction time tests, that you can pull them aside and do further testing. But if somebody can react normally, then to me, I don't feel there are danger on the road.
That was my suggestion.
Well, I mean that's I think it brings up an interesting point. I mean, the issue is is impairment, but we've long gotten over the idea that that impairment is the test. And so in the in the example of alcohol that you brought up, you know, we have decided as a society that if you have a blood alcohol level that exceeds a certain threshold, you are by definition under the influence and incapable of operating a vehicle as
a sober person would. And yet I can tell you in both the days that I used to handle, you know, criminal cases, and then even some of the accident cases that I've seen on you know, in my practice today, there's there's countless examples of people that are just hammered beyond belief. But that fool everybody, and they're completely able to operate their vehicle and walk and talk and to gum at the same time, and they could probably handle
your little reaction test with you know, with ease. And so the issue becomes, these people are clearly hammered, I mean hammered, But if they could pass a reaction time test, would you just give them a pass and send them on their way?
No?
Because with alcohol, as you say, we've decided as a society that there's a certain level of blood alcohol that is.
Determines whether you sober or not. We haven't been able to do that with marijuana.
So all I'm saying is this is a screening test told until we have a an easily.
What's a private and.
I don't know, I mean, I think it kind of misses the point. I mean, Dmitri, did you have a comment?
Oh yeah, I mean, this wouldn't be the first time that Doc and I had a friendly disagreement here, But man, I don't think there's any level of marijuana that makes you safe enough to be on the road with me or any of the other potentially put your potential victims out there.
And now you brought up John.
The reason this came up is the state has now legalized mushrooms for supposedly for medicinal purposes only. But that's how marijuana got started too. And so that giant sucking sound you hear out there, that's the state of Colorado doing its best to get the rest of the drug addicts in the world to move over here.
And look how well it worked out with a dope fiends. Yeah, Now, I mean I think that's obviously a valid point. I mean, the problem, Doc, is that when you have this little app on your phone and stuff, I mean, that really only goes so far when it's your loved one that gets killed in an accident five minutes later. I mean, it truly does. And so the problem is that there is just no threshold that we really can look at that that you know is safe. I mean, there is
no there. You know, the threshold for alcohol is really so low that you can barely have a glass or two of wine in a short period and you're done or a couple of beers, or are shot or whatever, and you're flirting with that level. And so you know, the problem with marijuana and with mushrooms I assume I assume they're the same way, but that there's not a therapeutic level that we can say that over this line
you are officially impaired. And so you know, the challenge that we'll continue to have with this in marijuana is that you know, it's different for different people. I don't know what a reaction test does, but it's a it's a mess. Listeners, I'd really like to get some input on this and get your opinion out there. So give us a call. If you know somebody that uses mushrooms for a therapeutic reason and can shed some light on this. Would love to hear from you. If you yourself are
are in that situation, absolutely give us a call. And then on the other side, you know, if you have anything to add as far as the you know, impairment issue and how how in the world we quantify that and move forward, love for you to join the and join the discussion. One other thing came up this weekend. I've got a really cool staff and they have a
really unique background and stuff. But we went out for a firm kind of holiday lunch last week and then I was told by my staff that, you know, everybody's got these different New Year's Day routines and things that they have to do. And so I grew up eating black eyed peas. That was just something you had to do on New Year's Day or you had bad luck forever and you were banished, and you know, every the world was going to come to an end. And so even to this day, we don't dare let a New
Year's Day go by without eating black eyed peas. But I was told by my staff that there's another one I've never heard of, and it's eating like twelve grapes. Have you guys heard of that?
No?
Never?
I mean we had to eat black eyed peas also, Yeah, but I never heard of the grapes.
What other New Year's Day traditions do you guys know about her?
If that's the only one that I remember.
The one I like actually originates in Japan and prior to New Year's Day, prior to midnight, they get their home as clean as it could possibly be. They take out all the trash, They even empty the vacuum cleaner.
They do all of that stuff. I think that's a that's an admirable custom.
I'm going to go home and empty my vacuum cleaner too.
Want I want them to change New Year's Day to June twenty first, because January first, it's cold, it's dark, your taxes do June twenty first is the first day of summer. If paid your taxes, it's warm out. It's a beautiful time to celebrate, and here we're doing it in the w worse thick possible.
Yeah. So supposedly this thing involves getting under the table and eating twelve grapes? Can you explain that? What's the logic to support that custom? I think the twelve have to do with the twelve months, and there's some reflection and contemplation of the goals and stuff for the year going forward. I don't know, I'm not why under the table? Why not for a caller to call and tell me what exactly the grape situation is and to help explain
it so I can understand it. I've managed to go almost fifty eight years in this world without hearing about this, and uh, I'm truly interested to hear what that's all about. So if you if you can call and explain that for me, that would be awesome. Three or three seven one, three eight, two five five. That is the question of the hour.
So, and what kind of grapes are they? Locinogenic grapes?
I don't know. If they're in docks house, they're probably you know, bad or raisins, okay, because those are just grapes ish. That's a great question.
I think the grapes that have taken ozempic.
I don't know. Maybe you can have raisins with your soup on the way in as you're driving to work and stuff, you know, something along those lines. So we've got open lines. We're looking for your problems so that we can call and or we can help you out with your issues. So we are coming up on a break. We will see you back on the other side. Thank you.
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Hey John Fuller here getting back at one twenty one in the afternoon. We are on the Troubleshooter Network. We're here to solve your problems and help you with issues, take complaints. You can reach the studio it's seven one three eight two five five this area goo three oh three seven one three eight two fivey five. You can also reach us at help at troubleshooter dot com if
you'd like to email us. We have been talking off the air about some of the new laws that are coming up in Denver, and in particular, we've talked about some of the concealed carry permit laws that apparently don't go into effect until what July first? Dimitri said, Yeah, it looks like July first this year. So the changes, as I believe them, now involve a much longer class or live fire component and stuff like that. What else did you see on the new law?
You know it also now requires another class and another live fire component just for renewals.
Yeah, and so I think the criticism is that, you know, while nobody wants you know, incompetent gun owners out there, the issue is that that by increasing the requirement and stuff, it's really only designed to make it harder for law abiding citizens to have, you know, the ability to protect themselves, and every step along the way and every procedural hurdle is just one step closer to them not having a gun at all as a as a law abiding citizen.
Yeah, makes it administratively more difficult, a little more hassle. And you know, the more important part from my perspective is this doesn't seem to address any kind of an
ongoing problem that we've had. It seems like the CCW holders are probably the most law abiding segment of our population, So why don't we address Why don't they address some of the other issues that are more pressing that have a serious negative impact on public safety, for example, the drugged driving that we just discussed.
Yeah, and absolutely because it's because they're Democrats, They're they're liberals.
Right, Yeah, we all know the answer, I mean, but yeah, it's Yeah. My point was that they're doing very little to address actual crime.
And when you and when you couple that with a new law requiring guns to be locked up in vehicles and stuff, I mean, do you really think that anything about that law is designed to make law abiding citizens safer on the streets? Yeah, you know that one.
I can see a little bit of logic even they even though they may not have raised it during the debate, which I think means that they're trying to make it more difficult for criminals to steal guns. But uh so, yeah, I'm not I'm not ready to condemn that particular law. I was just considering how little justification there is for the new CCW requirements.
But that's harassment. But the reality is, I mean, listen, if you want to impose on somebody the obligation to take your gun out of a locked case and place it in arms reach to drive to where you want to go to, then place it back in a locked case and get out and have it out of you and interlocked vehicle and in a locked aids and then you run in the convenience store, you come back out and you take your gun out of the lock case
and you place it back in. I mean, that is ridiculous, And the bottom line is you can't possibly expect the one people that are law abiding to follow this ridiculous law to keep people that are not law abiding from stealing your guns out of your car.
Yeah, there should be really terrible repercussions for dealing in stolen guns or possessing stolen guns. Look at this, you know this apartment, this troubled Aurora apartment complex that had that kidnapping a few weeks ago. Remember this, there's between twelve and fifteen armed TDA members over there. Where did they get their guns? Who supplied them with their guns?
You know, the new law should have dictated or provided for lifetime imprisonment without parole for providing gang members with firearms.
Are you suggesting that those particular citizens or non citizens did not go through their lawful background checks? Or this two hour refresher course with a live fire component from amatry that is taking a little bit too far down, do you think?
Well?
No, I just kind of view it as a real life example of real problems that should be addressed and addressed aggressively and mercilessly, and yet they're just being ignored.
That's really the point I mean in the face of bad things like that happening, the legislation wants to jump in and pass new laws. Are we passing laws that actually address the problem or are we dressing are passing laws that just further burden the law abiding citizens into making them the criminals instead of the guys who really.
Are Yeah, that's exactly the problem. So not only are they burdening us law abiding citizens, they're actually doing something even worse, which is failing to address real problems where people get killed, maimed, kidnapped, exported, god knows what else. So that's the real crime in what the legislator with the legislators are failing to do.
Boe and Doc, what do you guys think?
Well, regarding this the new concealed weapon law, I disagree. I think in addition to the live fire in order to have a concealed weapon permission, I think you need to do some training with it, and not part of the training component needs to have safety. There are so many accidental killings with firearms, accidental discharges. People just don't I think if you have the privilege to carry a firearm, you need to know how to use it. You know
how to safely store it. Not just buy it and put it in your glove box and hope someday maybe didn't know how to use it. But I think the training someone we know, yeah, like there's someone in there, somebody to go out for some training. I think that's I think that I don't really like government interference, but I think having mandatory training to own it and carry a firearm it should be is a good thing in my opinion.
But you're singling out the one group that probably on average, is the most competent to carry and operate and possess and safely handle a firearm in the first place. We're not talking about imposing safety and live fire stuff on just the mom that wants to go buy their first gun. I mean, you're singling out this group that already has made the conscious determination that they want to arm themselves to protect themselves in the event that something bad was
going down in their presence. I mean, I know that I've sat through these classes. I'm a conceal carry permit holder as well. The people in my classes were not new shooters. These were people that had skills, and you know, we had thorough discussions about the choice of what weapon you might use for a conceal carry and everything else. I mean, there is nothing to be gained by a
live fire exercise with these people. They've already live fired hundreds and thousands of rounds before they ever got to that point. You're not taking somebody that's going to have an accident for lack of training, just by imposing this on the one group that probably is the best skilled out there.
John, this one group you're talking about, anyone could go and buy a fire They don't need to take the class. They don't need it to get a concealed weapon permit. Anyone a mother could go buy and anyone could go and buy go into a gun shop and buy a gun. I think it's a three day waiting period.
We're not asked.
They don't have to do this. Training only imposes people that are actually going to carry it on their person with the potential.
Of really using a gun.
I think someone buying a gun for themselves to put into sock tours not the type of person that really needs to I mean, I think they all need training, but that type of person in the population is not required to do the training or apply for a background check to get a permit.
Did we already discuss the new Colorado firearms excise tax that's going to effect in a few months.
No, we do yeah like that.
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Good afternoon, John Puller. Here, we are back on the Tom Martino Troubleshooter Show. Going into the break, we had Kevin holding with a comment about the guns go ahead.
Kevin, Hey, A couple of quick questions. First one is when does his new law go into effect when you have to have your weapons inside your vehicle tethered or locked down when you leave your vehicle.
I think that went into effect yesterday.
Oh busted, I just broke the law.
Yeah, Arn, Kevin, you want to just pull over to the side of the road and let me know what what mile marker you're at. Well, we'll send the boys in blue along to uh, you know, don't forget to turn yourself in later, right right?
All right?
Yeap, guilty. Hey, So right now, I have four long guns and two handguns in my truck. So I was just in a town. Can't name the town because then you'll get me. I had to run into wall I had to run in the Walgreens to get a couple of things. So are they they telling me that I have to lock down two handguns and four long guns in order to go into that store?
Yes, yeah, I think cool.
And then the other thing pretty sure though, Those long guns only need soft sided cases, so you're okay.
Yeah, as long as you have ID tags on them so we know who they are and stuff.
You know, well, they're they're in soft cases. However, don't they have to be tethered as well.
I don't know that it applies to long guns as well. I think it really only its handguns that the law was. Dmitri's gonna look that up real quick, but I think it really is more of the intended for the concealed carry. I mean, like a long gun is not a typically concealed carry type firearm. So I don't know that it would apply to that or not.
But okay, so if it so.
My thing is then is if it does apply to that, I'm a I'm a burglar. I break the window and I cut the straps with a pocket knife and off I go.
Yeah.
I mean, nobody said it's going to be a really effective law. But to answer your question, yes, it does also appear to apply to long guns.
Oh does it? Yeah? So how on the head it's going to be lost your long gun in a hard case? Oh so it's got to be locked in a locked hard sighted or so off side a container that is placed out of plane view, and the container is in a locked vehicle, the locked trunk of the vehicle, or a locked recreational vehicle. I'm just reading from it.
Does that container have to be tethered or bolted to the vehicle?
I think it does. I mean when I went through my class and we were talking about this, they were they were showing these little hard metal cases with a cable that came out that they would wrap around the infrastructure of the seat or something and then tuck it under the seat.
But those little fireproof cases, yeah, like Walmart and Walgreens, those aren't going to aren't going to cut it.
And if you're putting trunk, you're not going to tie it down because of that.
It's right either.
There doesn't appear to be any requirement to tie down the container, so you can have your attacked containers stole. I doesn't say I've got to read through the rest of this law, but it doesn't say anything about tethering it.
Kevin, you may be up for all five of your violations. I mean, get out of ball for Kevin.
Yeah, I'm sorry, I'm guilty.
Yeah. Well, yeah, well thanks for calling in, Kevin. You know, admitting the problem is the first step, and you know, I'm sure you're gonna I'm sure you're gonna do better from now on there. I'm positive.
So if these cases don't need to be bolted or tethered to the vehicle, you just break into the vehicle, steal the case, go back to your height out, and then break open the case that you're early inconvenienced.
M Absolutely, well, thanks, that's how you'll do it, right, Dragon, No, totally, Yeah, we don't steal like radios anymore. We steal hard sided gun cases and you know, go back home and crow bar them open.
So what I don't understand because I don't I don't have a CCW. But if you have a concealed weapon permit and you put it in the glove box, how is that any different than having it in a hard case nobody knows it's there.
Well, I think that.
You know what I'm saying. The glovebox would be locked. It would be complying with the law.
Right, I do not forget to lock that glovebox, then, right, it's the issue of whether it's locked or not. I mean, I think you already have Your vehicle is considered. You know, it has the same rights from search in seizure standpoint as your home does. Okay, And so there is no prohibition in my mind of having a gun in the glovebox when you're in the vehicle, and anytime that you're in the vehicle, you can possess a firearm permit or not. You don't need a permit to possess a gun in
your car. The issue is whether or not you leave it in your car and it's unlocked, so that somebody could break in your car and steal it. But the argument is that what the law imposes on you it's so ridiculous that nobody is going to go through. If you do have a lock box, nobody's going to go through the effort of removing their gun from their lock box and placing it back in there every time you stop at the grocery store or Walmart or anywhere else.
And so if you find yourself in a position where you need that gun right now, you can't tell some bad guy to wait a moment. But while he's attempting to carjack your car, excuse me, sir, I've got to open my locked lock box over here and get my gun out so I can I can shoot you. I mean that when you need a gun in a bad situation, you need it right that second, and not a minute later, or even thirty seconds later or anything else. So when
you impose this goes back to the whole thing. When you impose these these regulations on people that compromise their ability to exercise their God given rights to defend themselves, you're effectively taking away that right. And that's really the objection to the whole thing.
Right, No, I think putting it in a lock glove box when you're not in a car. Is all you any reasonable person needs to do.
By the way, that that doesn't qualify. There's nothing in this law that allows you to store it in a locked glove box.
The law is pretty clear. It's got to be a hard sided container that's placed out of plane view, and the container is in a locked vehicle, the locked trunk of a locked vehicle. That's it.
It's crazy in.
The trunk, Yeah, it does.
I don't think it has to be in the trunk.
In the trunk, no, that's one of the options. So you can actually leave it inside in the passenger compartment, provided it it's out of plane view. So maybe I guess that means under the seat, or a jacket draped over the container, or you know, under your.
Briefcase already super Bowl, any of that kind of stuff. Yeah, that's dragons.
Who's going to leave the gun on the seat in plane view?
Even I wouldn't do that when they leave the vehicle. Probably not that many people.
But.
It's yeah, it's just guns are expensive. They are.
They are.
I actually had a gun stolen from a vehicle many many, many many years ago, and you know, and and it was it was you know, it was it was a parked vehicle, locked vehicle, and somebody broke into it. It
was my wife's you know gun at the time. This is got thirty five years ago, but we reported it, and the one thing I remember is just this, you know, fifty questions from the cops about you know, it was almost as if we had we were trying to pull some scam and we had used it in some crime and then we're trying to report it stolen as some cover up for the crime that we had committed with the gun. What are these questions? How you come up
with just very it's just a total jerk on the phone. Well, you know, exactly when did you get rid of You understand that if this thing turns up it was used in a crime, you're going to be you know it, you know, just all this fifty questions about you know, the timing of it, and how they didn't believe that it got stolen because it was just this The suggestion was that we had probably used it in a crime and then got rid of it and were reporting it stolen to cover up for that crime some way.
So the questions were not inquisitive. Their accusatory in very very much.
So.
Yeah, and that's been a long long time ago, so I can only imagine how it is today. They probably just tell you, why are you bothering us? You know another gun on the street? Who cares call somebody else? You know.
A car to get the gun?
Did they? I don't know. I mean I mean that no.
If knowing a gun was in the car, I.
Didn't think so. It was concealed quite well in the car. But they got in and ransacked, took everything out of it. Okay, there was a computer and some other stuff, so they did well on that little, that little burglary that night. But at any rate, we are still here. Lines are O and looking for your phone calls. If we can help you solve problems, take complaints, work through any issues, just give us a call let us know. Three oh three seven one three eight two five y five is
the phone number. We've got a few more minutes today to help you. My name is John Fuller. I am a personal injury attorney and that is what I do for my day job. So if you have any calls that are oriented towards the UH personal injury crashes insurance claims that kind of stuff. Give us a call and we'd be happy to help you work through that. So we'll be right back after this break.
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Good afternoon, John Fuller here on the Troubleshooter Network. Here we are working through the issues today. We've got a caller on the line, EVA with a question about search and seizure. Eva, what is going on with you?
Oh?
Hi, nothing, thank god as fire as search and seizure.
But I did.
I did have someone break into my grandson's house and they didn't have a warrant, but they brought it up or they got it later. So what is the law on search and seizure?
You mean the cops broke into our house. Yes, what tell me more, What do you mean, what happened? What brought him to their house to begin with?
I don't know, but they broke the door in as my son, not my grandson, but my son was going up the stairs to open the door and he was saying, I'm coming, and yeah, so it was a surprise, but they broke the doorframe and yeah.
So there are circumstances where exigent, exigent circumstances allow the cops to do things like that. Since you said that they didn't have a warrant, but they got one later, tells me there must have been something going on that they thought was of an emergency enough nature that either somebody was at risk or there was some you know, some probable cause that criminal activity was underway at the house.
Or somebody was destroying evidence, like clashing drugs down.
The Toilet's really hard to just brainstorm up what that might have been without more details.
Yeah, that makes sense. Huh, Yeah, I don't know what, uh what they had in mind.
Were they ultimately charged with anything?
Oh god, it was so long ago. Yeah, but it didn't hold water or whatever the term is, you know it it didn't get substantiated.
So I got you. Yeah, okay, well thanks for there's.
No recourse to getting the damage fixed, is there.
Yeah, it's really tough if the if the justification is there, it's really tough to come back and get any sort of compensation.
It surprised me that there, you know, they got a warned afterwards.
Well that that, you know, what they can do when they have those exegen circumstances is somewhat limited, and then to do a formal search after the fact requires them to sometimes back out when they remove the emergency and then go get a warrant. I'm sure that's probably what went down, but without more information, it's really tough to uh, to deal with.
So yeah, it's I think that they made a mistake because there was no indication of any emergency or anything going on.
So I don't know.
It wouldn't be the first time. Thanks Soeve, appreciate you sharing that with us. Dmitri, you have a follow up for us, what's going on?
Well, you know, at the beginning of the show, John, we got a call from Peggy who had trouble with that piano moving service, and you know, she told us kind of a nasty story about All my Sons moving in storage. So I've tried to get a hold of them. I spoke with the name with a gentleman over there named Joe, and basically he said that they're going to decline to comment on this issue. He did refer me this is the Denver office. He did refer me to
an email address called media at allmosns dot com. They're at headquarters, which apparently is in Texas if I understood Peggy correctly, So I emailed them. Haven't heard anything. But man, it's not a good sign when you have such a simple question about such a simple move and such a simple problem. You think a company with nine thousand Google reviews mostly positive would jump at the chance to address it.
But so far, crickets. So if anybody that All my Sons is listening, if you're a manager or the owner or supervisor over there, please give me a call. I left my private phone number with Joe. I left our studio line with Joe, and it would be great to get you to weigh in on this story, correct in accuracies, if there were any present your side of the story, maybe help us help the consumer reach some kind of a resolution.
With all my sons. Yeah, it really would be nice.
You know.
That's really all we're ever searching for is just resolution of problems and to see if we can find a way to turn an engagement into a positive outcome for everybody.
Which happens often. Yeah, really noesbook filled with more than half the time. We have really great resolution and a very commendable acts on the part of these vendors.
Right, you know, I'll give them a pass that the first guy that actually answered the phone was you know, was was not able to jump in there and directly address your deal. But now that they've been provided the information and stuff, we'll see if they call back. If they're a good company and they've you know, they've got the protocols in place to handle this, then they're gonna call us back and we'll get to the bottom of it, hopefully tomorrow. John. Fair enough, so listen, thank you save
all your problems for us. I'll be back tomorrow. If you have any questions or concerns about injury cases, I'm always happy to help. This is John Fuller, Thanks for listening. Good job
