posted by admin on Mar 27
If you are ever arrested for drunk driving (also called DUI for “driving under the influence” or DWI for “driving while intoxicated”), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI “sobriety checkpoint” or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform “field sobriety tests”. He may also ask you to breath into a handheld device, technically called a PBT or “preliminary breath test”. You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test — and told that if you don’t, your driver’s license will be suspended.
What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?
1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.
2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you “pass” or “fail”). In almost all states, you are not required to submit to this “testing”. It’s unlikely that taking it will change the officer’s decision to arrest.
3. Decline to take a “PBT” (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.
4. Do you choose blood, breath — or refuse to take any chemical test? This is a case-by-case decision, and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called “breathalyzers”; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state’s laws — specifically, the consequences of refusing. If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood-alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer’s testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over .15%, can trigger more severe penalties.
5. In almost all states, your driver’s license will be immediately suspended if either (1) the chemical tests results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature. This hearing is usually separate from the criminal proceedings, and involve different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee — usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing — no matter how good a defense you may have. Tip 5: Get an attorney right away, or make the call yourself — and make sure you can later prove you made the call within the ten day window!
By Lawrence Taylor
posted by admin on Mar 27
Mesothelioma is a rare form of cancer that affects the sac lining the chest (the pleura), the lining around the heart (the pericardium), or the lining of the abdominal cavity (the peritoneum). Studies have shown that people, who suffer from the disease mesothelioma, were exposed to an abundance of asbestos at one time or another in their life. Unfortunately, many people become exposed to asbestos unknowingly, usually as part of a job. Because of this, someone who has mesothelioma is often entitled to compensation. There are many mesothelioma lawyers, but the following easy tips can make it easier to find a mesothelioma lawyer.
1. Research all you can concerning mesothelioma. The more you understand the disease affecting you or a loved one, the better you will be able to judge a lawyer’s expertise. A lawyer who understands many aspects about the disease is the ideal lawyer. If your lawyer understands your or your loved one’s symptoms, and complications stemming from the disease, he or she will be better able to defend you. Unfortunately, some lawyers do not “do their homework” in regards to medical cases. This often leads to losing cases. A reputable lawyer will certainly know the ins and outs of the disease, so be sure to ask as many questions as you can think of.
2. Use phone books and Internet search engines to find lawyers. This may seem simple, but some people don’t bother taking the time to look through many lawyers. Accepting the first lawyer that calls, or that one sees on TV is not a good idea. Searching in Google for the keyword “mesothelioma lawyer” will yield better results in the end than simply accepting whatever lawyer comes along. Giving yourself a variety of lawyers to consider will give you the best idea of who will be willing to work hardest for you, who is sincere, and who will most likely help you win your claim.
3. Read the fine print, and know your lawyer’s case history. Once you are nearing your decision and narrowing down potential candidates, take your research to a new level. It is always a good idea to find out about a lawyer’s case history. Additionally, it is advisable to know exactly what kind of deal the lawyer is seeking with you. Lawyers dealing with medical-related lawsuits usually do not get paid unless they win the settlement. Some lawyers request different percentages. Compare these requests and choose the lawyer that you would feel most comfortable with. Unfortunately, some lawyers might try to take advantage of an unknowing client. In order to protect your interests, and make sure you acquire the top-notch lawyer you deserve, do background research on lawyers before signing up.
4. Finally, don’t be afraid to take advice. If a friend, or colleague suggests a lawyer, don’t hesitate to check it out. If a friend refers you, he or she obviously has your best interests at heart, and so the lawyer is probably well qualified to take on your case. There are many groups out there for mesothelioma patients. If you or a loved one is in one of these groups, don’t hesitate to ask for advice from others who have mesothelioma. Advice is often taken for granted, but it is one of the most valuable things a friend can give.
Mesothelioma is an awful disease, but there is compensation. This compensation can either be sought in a wrongful death suit, or while the patient is still living. It is advisable to find a lawyer as quickly as possible because there is often a statute of limitations on filing a lawsuit. The basic idea when searching for a mesothelioma lawyer is to be as educated as possible. Know what you want, and find a lawyer that is willing to help you in any way possible. Being well informed about your disease and potential lawyers will put you on the path to compensation.
By Robert Linebaugh
posted by admin on Mar 27
A number of notable Texas traffic and driving laws intended to improve safety on the roads and drivers education(http://www.officialdefensivedriving.com) knowingness go into effect on Sep 1.
Drivers under the age of Drivers will nowadays have a harder time getting traffic violations done away with from their drivers. SB 1005 provides that if a driver younger than 25 years of age commits a traffic offense classified as a moving violation, the judge must demand the driver to complete a classroom based or online defensive driving(http://www.officialdefensivedriving.com) course. In addition, if the driver holds a provisional driver license - in other words, is under motor vehicle operators years of age - they must submit to a Texas Department of Public Safety road test in addition to taking an offline or online defensive driving course(http://www.officialdefensivedriving.com). Failure by the driver to meet this requirement will result in a final conviction for that traffic offense.
Proof of insurance will be enforced through the new Texas law SB 1670. This law demands the Dept. of Insurance, in conjunction with Texas Dept. of Transportation and other agencies, to constitute a substantiation program for automobile insurance in order to try and scale down the number of uninsured motor vehicle operators.
SB 1257 disallows use of wireless communications gear (including cell telephones) for the first six months after adolescents get their driver licenses. The bill also prohibits passenger bus automobile operators transferring minors from using wireless communications devices, except in emergencies or when the vehicle is stopped. Use of wireless devices has become omnipresent and is under suspicion of inducing accidents.
Many of the items handled by these laws are discussed in the available Texas defensive driving courses provided online and in classroom settings. Prices might vary for drivers safety courses(http://www.officialdefensivedriving.com) but the minimum they can be by law in the state of Texas is $25.
By Joe Gerstl
If you are ever arrested for drunk driving (also called DUI for “driving under the influence” or DWI for “driving while intoxicated”), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI “sobriety checkpoint” or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform “field sobriety tests”. He may also ask you to breath into a handheld device, technically called a PBT or “preliminary breath test”. You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test — and told that if you don’t, your driver’s license will be suspended.
