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Archive for April, 2009


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Drunk Driving: A Serious Charge for Teens

Thursday, April 30th, 2009

According to statistics, nearly 70% of teenagers have already consumed alcohol - whether hard liquor, wine, or beer.  Even if it’s illegal to sell these beverages to minors, still, there are irresponsible people doing it.

In fact, many teens have been caught for DUI (driving under the influence).  Also, more than 3,000 teens die of drinking and driving every year.  Why does this happen?

Most of the time, teens succumb to peer pressure.  Since parents do not allow them to drink at home, they resort to drinking in parties and neighborhood hangout.  And because of inexperience with alcohol, they often consume more than they could handle.  Therefore, they’re intoxicated while driving home.

The 18-year-olds record the highest crash rate.  Apparently, they feel that they’re indestructible, especially if alcohol is in their blood.

Though alcohol limit is usually between .08 - .10, most states apply zero tolerance laws to teen drivers.  So if teenagers are caught with any blood alcohol level (BAC), he or she will immediately be arrested by the police and charged with DUI.

Take note that this is a serious offense.  So when this happens, consult a DUI lawyer right away.  Lawyers can give help and legal assistance.  They can be found online through numerous websites and lawyer listings.

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The Art of Bail Reduction

Thursday, April 30th, 2009

If the defendant wants to be set free while waiting for the next hearing, he or she can post bail. This deposit money is a guarantee for the court that the defendant will return for the next hearing to retrieve his cash.

The amount of bail varies from person to person. For example, if the defendant is rich, then a small sum won’t be enough incentive for him to return.

Moreover, there are cases when the bail is too high for the defendant to give. In this case, a criminal defense attorney can help lower the amount of bail. This can be arranged on a separate hearing with the sole purpose of requesting bail reduction.

Criminal attorneys are knowledgeable in presenting facts to the court. All they need is to prove that their client does not have the intention or motive to run away. After this, the court will determine the bail amount. Take note that this amount may change if there’s a change in the defendant’s circumstances. However, the court will not allow the bail option if the defendant is considered a danger to society.

Aside from cash, a bond may also be an option to post bail. However, it may end up more expensive in the end because bond companies typically charge huge interest rates.

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Three People injured in Los Angeles Car Accident

Thursday, April 30th, 2009

A 15-year-old boy and 21-year-old girl suffered major personal injuries when a head-on crash occurred between a Ford F-150 pickup truck and a Nissan Altima.

According to reports, Raquel Christian Leon (21-year-old Nissan’s driver) was surprised to see Derik Armstrong (19-year-old F-150 driver) travel west in Leffingwell Road’s eastbound lanes. Leon was with a 15-year-old boy while Armstrong was with a 17-year-old passenger. Everyone was taken to the hospital and no one was arrested yet, pending an investigation.

Officials have no clue why Armstrong was on the wrong side. Could he be under the influence of drugs or alcohol? Or was he disoriented or distracted for some reason? Whatever it is, he caused a car collision leaving three people with serious injuries.

In vehicular accidents like this, the injured victims should consult an experienced injury lawyer to advice them of their options and legal rights. If the injury was proven to be caused by the negligence of another driver, the victims may receive compensation that will cover property damage, loss of wages, medical bills, and other related expenses.

Statistics of California Highway Patrol reported that there were 411 injuries and nine fatalities of traffic accidents in Whittier (including this car collision). While for the entire Los Angeles County, there were 56,475 injuries and 712 deaths during the same period.

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A Closer look at Arizona Divorce

Thursday, April 30th, 2009

To end a marriage legally, you need to undergo a court process called “divorce.” This is called “dissolution of marriage” in Arizona.

Their “standard marriage” uses a no-fault divorce where a spouse does not need to prove responsibility or blame to end it. The court simply asks if they have an “irretrievably broken” marriage, meaning, there’s no chance that they would want to stay together.

While in “covenant marriage,” the court is a little bit strict. Presumably, this is a higher marriage standard in Arizona. Grounds for dissolution of this marriage include:

· Both spouses agree to divorce

· Habitual alcohol or drug use

· After obtaining a legal separation, the spouses should have lived separately for a year or two

· Commission of domestic violence either against the spouse or child

· Abandonment for more than a year

· Felony conviction which mandates death or imprisonment

· Adultery

Prior to filing divorce, one of the couple must be an Arizona resident for 90 days at least. The legal process begins when a spouse files a petition with the Superior Court. However, when both parties already agree about child support and child custody matters, as well as debt division and property, then their divorce can be settled without trial.

An Arizona lawyer is well versed to advice you on the complexities of Arizona law. Find one today in a reputable lawyer listing online.

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Criminal Defense Lawyers: More than Witness Questioners

Wednesday, April 29th, 2009

People accused of crimes face the horrible possibility of spending many years in jail, sometimes even for a lifetime. However, if you will hire a good criminal defense lawyer, you’ll find someone who is committed to represent you all the way. He or she will negotiate with prosecutors and may be able to arrange for reduced charges and lesser sentencing.

Many people think that defense lawyers simply question court witnesses. Well, you might be surprised to know that this is not all that they do. Good criminal defense lawyers will also:

  • Spend many hours to study your case.
  • Gather information or data from prosecution witnesses.
  • Hire investigators and manage them too. The objective of this is to impeach prosecution witnesses who change their stories during trial.
  • Understand possible “hidden costs” if you plead guilty, which may not be thought of by a self-represented person.
  • Familiarize themselves with local court procedures and customs which are not written down. They’re also familiar with many criminal law rules hidden in court interpretations of state and federal constitutions.
  • Provide you with an objective reality check about your situation and the possible consequences if your case will go to trial. This is very important if you’re deciding whether to accept the “plea bargain” offered by the prosecutor.
  • Formulate sentencing programs that can be tailored to your needs. This may help you avoid another brush with the justice system in the future.

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Wrongful Death Cases Explored

Wednesday, April 29th, 2009

Medical malpractice and wrongful death are cases involving lawsuits or claims where another’s negligence, product, or conduct caused death. These cases may involve family members of decedents, administrators, estates, and executors.

Most of the time, the period after suffering the fatality could be overwhelming. Experts recommend that you communicate with the investigators. Of course, it also helps if you have a lawyer who will remain objective and understanding in dealing with the parties involved.

Aside from this, you could also be involved in the estate’s personal injury lawsuits and claims. Most likely, these cases were unresolved before the death of the decedent. For example, when somebody was injured from a car accident before death, it may not necessarily lead to a lawsuit against the person responsible for it.

First, an investigation should be conducted on whether the death of the decedent was due to the injuries sustained from the car accident or not. Sure, the case of the deceased will still proceed; however, it may involve unique challenges due to the absence of the decedent’s direct testimony.

Bear in mind that the estate attorney you need to hire should have experience in handling or litigating death claims. Also, he or she should not have conflict of interest between the litigants and the estate. If you wish to find a new attorney or change your existing one, it’s best to seek referral from an attorney directory online.

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Tips in hiring a Divorce Lawyer

Wednesday, April 29th, 2009

Lawyers handling corporate matters or personal injuries will not be very useful in divorce cases since they may have little or no understanding of family law. Typically, most firms indicate their area of their expertise so you can be guided on whom to hire. They also take on pro bono cases.

A pro bono case may be taken in for free or for a reduced fee. Check to see the criteria established by your local or your State Bar Association if you are financially eligible for it. If you’re not qualified, then you can get divorce lawyers who will usually charge you per hour.

If this is the case, then you have to keep a watchful eye on your bill. Don’t just accept something like “fees for services rendered.” Instead, demand for a detailed statement. Consult them immediately if there are entries you don’t understand.

Moreover, never hire a lawyer based simply on oral agreements. This will surely lead to conflicts and misunderstandings. Rather, create a fee agreement in writing known as “retainer agreement” so that you have a record of all your negotiations and terms.

Furthermore, hiring a lawyer doesn’t mean that you’ll no longer lift a finger to do some work. You should read articles and research materials online about family law. Ultimately, you must be the one making the decisions on how you would like your case to proceed. After all, it’s your future and your life at stake.

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No Contest Plea to DUI granted to Boylan

Wednesday, April 29th, 2009

Robert Michael Boylan, Jefferson County School District’s director of transportation pleaded no contest to a DUI (Driving Under the Influence) case against him. The deal was accepted by Gail Boober, Jefferson County Magistrate to keep Boylan out of jail.

According to his attorney, Harley O. Wagner, the plea doesn’t have any effect on Boylan’s job. In fact he’s still working as the school district’s director of transportation. However, Boober warned Boylan that he should not expect any mercy if he returns to court on his second DUI offense. In West Virginia DUI second-time offenders get a jail sentence of one year plus fines, while third-time offenders are charged with felony and convicted to a state prison jail sentence of one to three years.

Boober also ordered Boylan to pay $270 in court costs and $300 fine aside from his $3,500 bond. According to court records, the latter was pulled over because Sgt. George Manning of Charles Town Police Department saw an expired registration plate on his white Chrysler.

Then, Manning noticed that Boylan’s speech was slurred and the breath smelled like alcohol. In addition, Boylan also failed the heel-to-toe field sobriety test. His preliminary breath test showed blood alcohol level (BAC) of .159%, which is almost double compared to the .08% allowable limit.

Wagner said that he tried to convince Boylan to go to trial after the hearing. However, Boylan decided to take the plea at the last minute, and Wagner respected his client’s wish.

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Importance of Criminal Law

Tuesday, April 28th, 2009

The public’s familiarity with criminal law usually comes in fragments – from books, television, and movies. However, when real issues come, we still need to seek professional help. Ask a lawyer to understand the law, because ignorance of it excuses no one.

When it comes to criminal law, the government and society decide on certain conduct damaging to property or dangerous to citizens. It is labeled as “crime” and committing it will result to fines or imprisonment. For example some cities may proclaim that smoking in public is considered as a crime, while the federal government includes bank robbery in its crime list.

The whole system of criminal law pertains to investigation, arrest, conviction, and sentencing. People who play roles in this process consist of correction officers, probation officers, witnesses, judges, criminal defense attorneys, bail bondsmen, prosecuting attorneys, police officers, and the accused.

The outcome of the case would depend on the crime charged, strength of evidence, strategies and goals of defense and government, as well as the legal validity of courtroom procedure and law enforcement. These are possible outcomes:

  • The criminal investigation ended without an arrest.
  • The arrest occurred, but there was case dismissal because of illegal seizure of evidence (done by the police).
  • The suspect was charged with a crime, but the person (though a lawyer) pleaded or bargained with the government to grant some form of leniency (like a lighter sentence for example).
  • The suspect was brought to trial and was found “not guilty” by the jury or convicted by the jury and sentenced to a prison term.

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Detailed Documentation is Essential in a Personal Injury

Tuesday, April 28th, 2009

A lot of people involved in an accident don’t seek prompt medical attention. As a result, they fail to document the result of the accident and how it occurred. So when it’s time for them to file the insurance claim, they don’t have proof of evidence to support it.

Lawyers recommend that you proceed to an emergency room or hospital and see a doctor right away after an accident. Don’t just go home even if there are no physical injuries in your body. If the test results turn out that you’re not seriously hurt, then that’s great. However, if there is an underlying serious injury, then you’ll be treated right away. Also, this fact will be documented by the attending emergency room doctor.

Also, don’t just rely on the police to get all the necessary information. You need to write down names, phone numbers, and addresses of the witnesses during your injury. These people can help testify and support your version of the story.

Then, write an incident report detailing what happened and how the injury affected you – how you feel, your time loss from work, and other costs associated with your sustained injuries. This kind of documentation will not just help you remember the facts clearly, but more importantly, it can be a major tool to recover due damages from the insurance company of the other party.

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Mel Gibson’s Divorce

Tuesday, April 28th, 2009

News of Mel Gibson’s inevitable divorce quickly spread like wildfire. Robyn Gibson, his wife for 28 years filed for divorce on April 10, 2009 at Los Angeles Superior Court. She cited “irreconcilable differences” as the reason.

In her statement, she said “We’ve always tried to maintain the integrity and privacy of our family throughout our marriage and recent separation. We will still continue to do the same.”

Mel and Robyn have seven children. Since the couple did not sign a pre-nuptial agreement, their divorce is expected to break all records and become the most expensive one on file. Under U.S. law, Robyn would be entitled to 50% of Mel’s $900 million fortune. This includes a Catholic church in California, ranch in Costa Rica, a private island in Fiji, and several properties in Malibu.

Robyn’s lawyer previously represented Kiefer Sutherland, Angelina Jolie, and Britney Spears. Among others, she is fighting for legal fees, spousal support, and joint custody of the youngest child.

Many believe that photographs of Mel and his Russian girlfriend (Oksana) seen kissing on a Costa Rica beach prompted the divorce case filing. Reportedly, the pair became close on the movie set of “Edge of Darkness” where they were seen leaving his trailer together.

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Prevent DWI Record in Minnesota

Tuesday, April 28th, 2009

In Minnesota, a DWI (Driving While Intoxicated - same offense as DUI) charge will remain indefinitely on your record. This may prohibit you from traveling to Canada or other countries. It may also mean vehicle treatment costs or forfeitures, plate impoundments, license revocations, alcohol assessments, fines, or skyrocketing insurance rates (sometimes more than $350 per month).

Therefore, a DWI record has the potential to change your life forever if you don’t make the right decisions now. Fortunately, your DWI case may have a chance to be reduced or dismissed if you’ll hire a Minnesota lawyer. Since DWI is a specialized area of practice, your lawyer can think of unique strategies to defend you.

In fact, there are many DWI defense challenges such as:

· What is the probable cause for the police officer to suspect drunk driving or criminal activity in your vehicle and prompted him or her to make an arrest?

· Did the officer follow the necessary arrest procedures based on the law?

· Were your constitutional rights violated?

· Was the test to measure BAC (blood alcohol level) properly administered?

· Was the machine used for the test properly maintained?

· Were you read a DWI Implied Consent Advisory?

True, fighting DWI can be complicated. But if you can find a lawyer who will help you, then you’ll have a better chance of winning the case. The best counsel can be found in numerous lawyer directories online.

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Traumatic Brain Injury Lawsuit Process involving a Child

Monday, April 27th, 2009

Generally, when a child is involved in a traumatic brain injury lawsuit, your lawyer will coordinate with the insurer of the person responsible for the injury. The main objective would be to demand money. However, insurers rarely agree to demands like this. Therefore, a lawsuit will definitely be filed.

Since the child is a minor, the lawsuit will be filed under an adult who can stand as the representative or guardian. This is usually a parent or relative taking care of the child.

Every case is unique. However, most cases will follow these stages of the lawsuit process:

  • Discovery stage

Opposing parties usually collect information such as the child’s medical records or the parent’s financial records. Your personal injury lawyer may hire different medical experts (mostly doctors) to examine your child.

  • Deposition stage

This is the part when interrogatories or written questions are exchanged. The person responsible for the injury, the parents, and the witnesses may be questioned in person by both sides. The person being questioned needs to take an oath and tell the truth while a court reporter records every word being said.

  • Settlement stage

During the Independent Medical Examination (IME) of the child, a video will be shot to show the injury effects. At this stage, a settlement will usually occur. If it does not, both parties will proceed to trial.

So if your child suffered an accident resulting to injuries, it would be best to seek help from a personal injury lawyer right away. This will ensure that your rights to recovery, if any, are preserved.

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Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

  • Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

  • What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

  • How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

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Is your Criminal Defense Attorney Reliable?

Monday, April 27th, 2009

Lawyers are human beings too. This means that they’re not perfect. However, when your freedom is the one at stake, you simply can’t afford sub-par performance from your criminal defense lawyer. So here are some things to watch out for:

  • Your attorney should frequently mention about new pleas from the ADA (Assistant District Attorney)

As much as possible, constant negotiations should be made on your behalf. Therefore, you must expect your attorney to bring you new or improved offers from ADA.

If he or she tells you that the 2-year jail term offer has not yet changed since the last 3 months, then a red flag must rise up in your mind. Attorneys should never cease to find new evidence or at least go back to the negotiating table with fresh material to argue for a better deal. Nothing is written in stone so don’t accept it if your attorney says that the offer is final and there’s nothing that can be done about it.

  • Your attorney should file every detailed discovery motion

Without exception, make sure that any specific and detailed discovery request based on procedures in your state and rules of evidence is promptly filed. Your objective here is to dismiss charges down the road if ever additional evidence suddenly comes up. Therefore your attorney should get an effective and clear discovery motion or court order that the burden was with ADA to turn over all evidence long ago.

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Avoid these Common Mistakes in DUI Arrest

Monday, April 27th, 2009

A DUI (Driving Under Influence) arrest can leave you hanging by a thread. After a stressful police encounter and jail nightmare, it’s predictable that everyone in your life right now are giving you different opinions on what to do next. And if you want to end it all, you need to avoid these common mistakes:

  • Failure to consult a DUI lawyer

Most people arrested for DUI get advice from family and friends, police, other people arrested for DUI, and lawyers who don’t specialize in DUI defense. Don’t make this mistake!

Since DMV (Department of Motor Vehicles) administrative laws and DUI laws are very complicated, it’s very important to consult with a lawyer who specializes in DUI defense. Only DUI lawyers can help you with accurate advice on the next step that you should take.

  • Failure to request an administrative hearing from DMV

It is wrong to assume that it’s hopeless to fight for your case. There are many reasons why you should apply for DMV hearing including the following:

    1. *Your defense lawyer could question the police officer who arrested you – this may help lift the  criminal case
    2. *It’s possible to win the case – DUI lawyers know how to challenge DUI license suspension or revocation with many reasons
    3. *You don’t want to give up your license - take note, you only have 10 days (from your arrest date) to apply for this hearing. Failure to do so will automatically suspend your driver’s license.

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Immigration Laws Overhaul may be delayed

Sunday, April 26th, 2009

Overhauling U.S. immigration laws may be postponed for another year because of the deteriorating economy. Advocates, lobbyists, and lawmakers on both sides agree that this is the highest unemployment rate in 25 years. Therefore, it would be difficult for President Obama to push a legislation to make a new guest-worker program and legalize millions of immigrants.

This month, Robert Gibbs (White House Spokesman) said that Obama will soon introduce plans to overhaul immigration. This is a legislative priority for major companies such as Western Union Co., the biggest money-transfer business in the world; Marriott International Inc., a big hotel chain; and Intel Corp., a huge chipmaker company.

Senator Jeff Sessions, Alabama Republican who opposed the immigration legislation considered in 2007, said “The debate has changed. The American people will not be happy about this, so I don’t think it will be a pleasant discussion.”

Last week in Mexico City, Obama said “I remain committed in fixing the broken immigration system.” Although the senate committee announced commencement of hearings next week, one senior White House adviser, David Axelrod, said that the president may have committed to begin discussions this year but whether it will be completed within the year is another story.

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Senators want to Protect American Workers

Sunday, April 26th, 2009

Senator Chuck Grassley and Dick Durbin (Assistant Senate Majority Leader) introduced L-1 and H-1B Visa Reform Act. It’s a bipartisan legislation that reforms the programs for guest workers in the United States.

Under the current law, the H-1B program was made to help create American jobs. However, some companies are using this to outsource majority of these American jobs. Typically, they request the American workers to train the H-1B guest workers and then they fire the American workers so that they can outsource the work to a foreign country. This will get the same job accomplished for a lower wage. In other words, this loophole has allowed foreign workers to displace American workers who are qualified for the jobs.

According to Durbin, “This H-1B visa program should only complement U.S. workforce, not replace it. The original objective of this program is to help employers hire guest workers if they can’t find a qualified American worker. However, it’s now plagued with abuse and fraud.”

The Durbin-Grassley bill can address these problems because of the following provisions:

-All employers are required to make good-faith attempt to hire a qualified American worker first before recruiting an H-1B guest worker.They are prohibited from using these foreign nationals to replace qualified American workers.
-It is prohibited to display blatant job advertisements that include discrimination such as “H-1B visa holders only.”
-Also, if more than 50% of the employees are L-1 and H-1B visa holders, the company is no longer allowed to hire additional guest workers.

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    What does it take to be a U.S. Citizen?

    Saturday, April 25th, 2009

    In the United States, people who were born within its jurisdiction are called citizens of the country and the state where they reside. The law says that no state shall abridge the immunities or privileges of U.S. citizens nor shall they deprive anyone their life, liberty, and property without due process.

    But even though some people cannot be citizens by birth, the U.S. government can bestow citizenship on these foreign nationals if they fulfill the requirements in INA (Immigration and Nationality Act) set by Congress. Naturalization requirements include:

    • -Favorable disposition towards U.S.
    • -Attachment to all principles of U.S. Constitution;
    • -Good moral character;
    • -Understanding and knowledge of U.S. government and history;
    • -Has the ability to speak, write, and read English;
    • -A resident of a particular U.S. Citizenship and Immigration Services District before filing; and
    • -Physical presence and continuous residence in the United States.

    Truly, the most important benefit and most coveted gift that can be granted to an immigrant is citizenship. Moreover, in the year 2000, Congress recently passed CCA (Child Citizenship Act) – it allows any child below 18 years old to acquire immediate citizenship and immigrate to the U.S. when they’re adopted by existing citizens.

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    United States Immigration Procedure

    Saturday, April 25th, 2009

    When foreign nationals are granted the privilege of working and living in the United States permanently, then they are called immigrants. In most cases, you need to go through multiple processes to become one.

    The Citizenship and Immigration Services in the U.S. (USCIS) should first approve your immigrant petition (usually filled out by a relative or employer). Then, you must get an immigration number even if you’re already in the U.S. If you’re outside the country, you will be requested to proceed to your local U.S. consulate and complete the immigrant visa processing there. Later on, you may re-apply and adjust to a permanent resident status.

    The law that governs U.S. immigration is found in “Immigration and Nationality Act.” To apply, all you need to do is fill out a form and submit all necessary application materials. You’ll be asked to appear before a USCIS officer to answer questions regarding your application.

    Call the office of USCIS to follow up the status of your application. If you are denied, you can appeal within 33 days only. The appeal will be referred to Washington D.C. (Board of Immigration Appeals) when the appeal form and required fee are completed.

    You can get further help and advice from any USCIS District Office. There are also non-profit, community-based organizations that can assist you.

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    New York DUI Arrest is Unique

    Friday, April 24th, 2009

    If you’re arrested for DUI in New York, it can trigger two separate cases. First is DWI (Driving While Intoxicated), which is a criminal case in court. The second is DMV (Department of Motor Vehicles) case, where your driving privileges may be suspended by New York DMV if you’re accused.

    Moreover, DWI cases in New York can fall under two theories. Your violation can either be just breaking the law “per se” based on alcohol level, but without driving impairment. The other one is breaking the traditional common law where you lack the necessary mental and physical skills to operate a vehicle as a prudent and reasonable driver.

    Bear in mind that if there’s a traffic accident, you refuse to take the chemical test, you attempt to evade the police, or your BAC level is more than .15, then your DWI (also known as DUI) case might have harsher penalties or punishment.

    Drinking and driving laws in New York are unique. One of them is giving motorists the right to consult with their lawyers before deciding to take the chemical test. Lawyers in New York are already aware that late-night calls are a part of their job description. Therefore, when in New York, make sure you consult first with a qualified lawyer upon DUI arrest.

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    Answer your Questions in California DUI arrest

    Friday, April 24th, 2009

    According to Department of Motor Vehicles (DMV) in California, residents need to be aware of the general procedures performed during a DUI arrest. So here are some common questions from California drivers:

    • -What will happen after a DUI arrest?

    The law requires the officer to immediately forward to DMV a copy of suspension form (or revocation form) and the driver’s license together with a sworn report. DMV will automatically examine the test results, suspension or revocation order, and the report submitted by the officer.

    You may request a hearing from DMV within 10 days upon receipt of the order. This action will be set aside if their review showed that there’s no basis for suspension or revocation. DMV will notify you in writing.

    • -Is urine test still being done?

    You will be required to submit to chemical test in order to determine the drug or alcohol content in your blood. A breath or blood test will be requested from you. However, a urine test is no longer available since January 1999 unless: you have a heart condition and taking an anticoagulant medication, you are hemophiliac, or both breath and blood tests are not available.

    • -If ever the officer confiscated the driver’s license, how will it be redeemed?

    At the end of your suspension or revocation, your driver’s license will be automatically returned to you. However, DMV will ask for a $125 reissue fee and proof of financial responsibility. If you’re under 21 years old, your reissue fee will only be $100.

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    Stallworth’s DUI Arraignment Delayed

    Thursday, April 23rd, 2009

    Upon prosecutors’ request, the DUI arraignment for NFL star Donte Stallworth has been reset to May 21. If you can recall, Stallworth was allegedly drunk when he accidentally killed a pedestrian crossing the street on McArthur Causeway.

    Stallworth, 28 years old, was driving his Bentley after partying at a Miami Beach nightclub on March 14 when the 59-year-old Mario Reyes was hit around 7 a.m. While rescue workers attended to the unconscious Reyes, two officers were questioning Stallworth and giving him sobriety tests.

    Stallworth is currently the receiver for Cleveland Browns. On the other hand, Reyes was an overnight crane operator who just finished his shift for the night and was trying to catch a bus home before the unfortunate accident. He was declared dead one hour after arriving at the hospital.

    Reyes’ family was in shock when they learned of the incident. On the contrary, Browns football team said that they don’t want to comment while the investigation is still going on.

    During the accident, Stallworth cooperated with the police right away. Two officers drew some blood from him as standard routine to test for alcohol or drugs. And while waiting for the result, Pat Trese, Assistant State Attorney, explained to the judge that they needed more time to complete their investigation.

    The request was granted by the court today. Meanwhile, Stallworth posted a bond worth $200,000 and did not appear during the brief hearing.

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    Prevent DUI Fatalities as Early as Possible

    Thursday, April 23rd, 2009

    Fatalities in drunk driving could be prevented. The easiest way would be to avoid getting behind the wheel when you’ve been drinking. So before involving yourself with activities that include alcohol, assign the driving to someone who will drink only non-alcoholic beverages. This would ensure that you’ll be safely home.

    According to statistics, about 33% of Americans will be involved in at least one alcohol-related crash. In fact, 2006 statistics say that 1.46 million DUI arrests have already been made. During the same year, 41% of traffic fatalities came from people who are drinking and driving.

    This is why many groups work toward passing stricter laws in order to punish offenders. Currently, groups such as MADD (Mothers Against Drunk Driving) combine drunk driving prevention with new technologies. Some of these are:

    · Advanced breath testing.

    · Touch-based systems that will measure BAC (Blood Alcohol Content) through the skin.

    · Visible light measures BAC through spectroscopy.

    · Eye-movement measurement technology can also be used to detect elevated BAC levels through involuntary eye closures or other movements that represent drowsiness.

    · Ignition lock can be connected to a vehicle’s ignition. The driver needs to blow in the machine to check his or her BAC. If alcohol has been detected, the vehicle will not start up. This is perfect for repeat offenders.

    In addition, law enforcement officers or agencies should remain vigilant to prevent accidents. They can set up sobriety checkpoints or saturation patrols spread over a large area.

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    New Kansas Law calls for Stronger Penalties

    Wednesday, April 22nd, 2009

    The governor of Kansas signed a new DUI law to strengthen their existing penalties. The state will form a task force called the “Kansas DUI Commission.” The objective of this group is to review existing laws, compare them to others, and suggest improvements.

    The signing of the bill came 6 months after Claudia Mijares and Gisele (her 4-year-old daughter) were killed by a driver under the influence of alcohol. The sad part is that they were just crossing the street to Wichita school when it happened.

    It was shocking to find out that the driver, Gary Hammitt, already had 4 DUI convictions but he still possessed a valid driver’s license. Now, he was sentenced to almost 40 years in prison when he pleaded guilty to second-degree murder (2 counts).

    The state’s Substance Abuse Policy Board admitted that the DUI laws of Kansas were so dysfunctional and complex – in fact, the system truly needs a complete overhaul. Lawmakers believe that this newly-formed commission will create an effective system to prevent future crimes, and eventually, future victims as well.

    The new DUI commission includes law enforcement officers, prosecutors, judges, and legislators who will submit their initial report at the start of 2010 Legislative session and then the final report will be provided during the 2011 session. Some of the provisions consist of stiffer penalties to take effect on July 1, 2010.

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    DUI Penalties in Kansas

    Wednesday, April 22nd, 2009

    Like any other state, Kansas has its own DUI (Driving Under the Influence) laws and penalties. Generally, drivers suspected of drinking and driving need to cooperate with urine, breath, or blood testing to determine alcohol content. This is called “implied consent laws.” If a suspect rejects this, the license can be suspended.

    Here are other considerations:

    · Blood-Alcohol Concentration (BAC) – any driver with BAC above .08% is already considered “intoxicated” under the law. When this has been proven and substantiated, a driver can be convicted of DUI or DWI (Driving While Intoxicated).

    · Enhanced Penalty BAC – some states have more stern punishment for BAC of .15%-.20% above legal limit. These enhanced penalty laws are not available in Kansas.

    · Zero Tolerance BAC – all states have “zero tolerance laws” focused on drivers who have not yet reached the legal drinking age. For Kansas, however, people under 21 years old who have BAC of .02% or more are the ones subject to DUI penalties.

    · Mandatory Alcohol Education – treatment for alcohol abuse and alcohol prevention programs may be required for Kansas offenders. These steps can take the place of paying fines or serving an imprisonment sentence.

    · Administrative License Suspension or Revocation Penalties – For drivers declining to submit to urine, breath, or blood testing, penalties vary from temporary or permanent removal of the license. First offense in Kansas is for 90 days, second offense is for one year, and third offense is for three years.

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    To Reveal the Code or Not - That is the Question

    Tuesday, April 21st, 2009

    The ruling of the Superior Court to give Arizona DUI lawyers complete access to the breath-testing equipment software was overturned by the Court of Appeals. The panel said that no evidence was found to support lower court judge’s claim that prosecutors have better access to it than defense attorneys.

    The software code called Intoxilyzer 8000 was placed under repeated attack from defense lawyers handling DUI cases. They say that this code will enable them to verify the reliability and accuracy of the equipment independently. They argued that they have the right legally and constitutionally to challenge their accusers.

    According to Intoxilyer 8000 manufacturer, their code is considered a trade secret. But reports say that this equipment was banned in Tennessee after it failed to meet the testing for accuracy. In fact, court battles have already sparked in New Jersey, Massachusetts, Louisiana, Florida and Minnesota. Issues that always come up include unauthorized changes to software and equipment approved by the state as well as code access.

    Back in Arizona Court ruling, they clarified that prosecutors don’t really have an advantage over criminal defense DUI attorneys. However, there’s still an issue on the “substantial need” for code access, and the state prosecutors have already predicted that any decision of the Superior Court judge will ultimately be brought to the Court of Appeals.

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    Various Tests in Field Sobriety

    Tuesday, April 21st, 2009

    Sometimes, do you wonder how police officers know if drivers are drinking and driving? It’s simple. An officer usually asks suspects of intoxication to perform voluntary tests. These are called “field sobriety tests.”

    These tests have exercises that will determine if a person still has lucidity, motor skills, and balance. Some of them are as follows:

    · Finger to nose – this will require the individual to stand straight, feet together, close their eyes, and touch their nose with an index finger. Officers usually look for muscle tension, eyelid tremors, or body sway.

    · Walk and turn – individuals will take “heel-to-toe” steps in one line and then turn to take the same number of steps back. Officers are checking whether the drivers can still follow instructions, balance, and be coordinated.

    · Rhomberg Balance Test – drivers will be asked to tilt their head back, close their eyes, and then count silently for 30 seconds. Officers observe if they can stand steady and find out if their internal clock is sped up with stimulant use or slowed down with alcohol intoxication.

    · Follow the pen – officers place an object 12 inches from the person’s face and then move it from side to side. They are watching for trembling or involuntary jerking of the eyeball.

    In addition to these roadside exercises, some officers also have a “Breathalyzer test” that can check the BAC (Blood Alcohol Content) of a person through their breath. It is a chemical test that will estimate their intoxication level.

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    Legal Terms and Consequences of Drunk Driving

    Tuesday, April 21st, 2009

    Most states use DUI (Driving under Influence) as a term for being legally impaired or intoxicated while driving a motor vehicle. These states include Pennsylvania, Florida, and California. Threshold for legal intoxication is usually determined in the urine, blood, or breath test when the person registers 0.08% BAC (blood alcohol content). But officers may arrest motorists even when their BAC is lower than 0.08%, especially if they’re minors.

    In eight other states including Texas and New York, this is referred as Driving While Intoxicated (DWI) while in Ohio it’s called Operating Motor Vehicle while Intoxicated (OVI/OMVI). Mostly, these acronyms are equivalent and the charges would all refer to drunk driving.

    Every year, DUI laws and penalties are getting stronger in each state. You could be fined with substantial fees, lose your driver’s license, or even be placed in jail. Not only will your insurance rate rise, you could also have a record of criminal conviction which could impact your employment opportunities in the future.

    So if you’ve been charged with DUI, remember that it could be a serious offense. However, when you seek legal help from DUI attorneys, good defense will really make a difference in the result of the case. Therefore, it’s important to find attorneys fast within your area.

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    The Different Facets of Adoption

    Monday, April 20th, 2009

    Adoption today is different from what it was a decade ago. Today, there are many options. You can either adopt independently, through a domestic agency, or internationally. Take note that each decision will come with its own set of benefits and financial risks.

    If you adopt through a domestic agency, you can put your name on their list and wait for the social worker to find a match. Birth parents today have a complete say in choosing the adoptive parents of their child. Typically, an agency would send about three or more biography sets of adoptive parents for the birth mother (or birth parents) to pick one. Then, a meeting will be set for them to get together. This is known as open adoption.

    Some adoptive parents prefer independent adoption where they hire adoption attorneys who will handle the legal paperwork rather than to seek the help of adoption agencies. One of the advantages is that you can have more control over it. However, this can also be tricky because each state have different rules. In fact in Massachusetts, Delaware, or Connecticut, independent adoption is illegal.

    In 2002, there was a rise on international adoption. It’s now common to see playgrounds with a Russian, Chinese, or Guatemalan toddlers playing in them. Many parents have chosen this route because the fees are lower and the wait list is shorter. In addition, they relish the rare opportunity of incorporating another culture inside their family.

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    Getting to Know Employment Law

    Monday, April 20th, 2009

    Basically, employment law is all about relationships between employees and employers. It covers different issues such as:

    -Workplace Safety – In the United states, OSHA (Occupational Safety Health Administration (OSHA) enforces health standards and workplace safety in all businesses. If your workplace failed to comply with these regulations, there could be a risk that employees are placed in undue harm. If this happens, your employer may be held legally liable for their negligent or willful disregard of the law.

    -Wrongful Dismissal – When people lost their jobs without due cause or reason, or if their contracts have been breached, they may have been victims of wrongful dismissal.

    -Whistleblowing – Some people choose to alert authorities on unethical and illegal practices of their employer. Most of the time, these whistleblowers suffer serious consequences or even lose their jobs because they took action against the employer. Retaliatory actions such as these are generally prohibited.

    -Discrimination – If someone was not given a job, raise, or promotion due to their sex, religion, national origin, age, or skin color, then discrimination has taken place. Experience and job performance should be the only criteria for career advancement. Other than these, employers are breaking the law.

    -Wage and Hour – Your employer should fairly compensate you for the time you have worked including overtime pay (if you’ve worked more than 40 hours a week). If you have not been given legal breaks or you have not received the correct pay, you may take legal action against them.

      These laws can be tricky, so it would be best to have whistleblower attorneys, wrongful termination attorneys, or employment attorneys by your side. Choose attorneys that understand the law both at a state and federal level.

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      A Request to be Free during Felony Conviction Appeal

      Sunday, April 19th, 2009

      Michael S. Carona, a former Orange County Sheriff, is requesting a judge to set him free while he’s fighting against his conviction. He was convicted because he leaned on an ex-assistant sheriff to lie for him in front of a grand jury while investigating reports of corruption during his administration.

      Carona’s attorneys, on the other hand, say that several appeal issues may reverse this conviction. In a motion that they filed, they mentioned the conduct of the government in recording secret meetings between Carona and Don Haidi (former Assistant Sheriff).

      They argued that the prosecutors violated state rules because they recorded Carona even though they know that he already has attorneys representing him. According to one of the attorneys, Jeffrey Rawitz, “The government will not really be prejudiced even if he’s set free. If he loses his appeal, then he can serve his sentence as directed. However, if his release request is not granted and he wins in the appeal (as we believe will happen), then there’s no way for him to recover the time that he spent in prison.”

      The prosecutors want Carona to serve nine years in prison plus a fine of $125,000. On the contrary, the defense argues that Carona should not be in prison for more than 21 months. They are also planning to ask for probation.

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      Protect and Claim what is Rightfully Yours

      Sunday, April 19th, 2009