101duiattorney.com: DUI Attorney Guide 101duiattorney.com: DUI Attorney Guide https://www.101duiattorney.com/dui_attorney_guide/ Copyright by 101duiattorney.com en 101duiattorney.com Sun, 14 Aug 2022 18:38:12 -0400 Are Field Sobriety Tests Accurate? Most people are familiar with field sobriety tests. They may have taken one themselves, but these tests are commonly seen in TV shows and movies.

Although these methods may seem like safe, standard, and accurate ways to determine whether someone is intoxicated, you’d be surprised to know that they can be notoriously inaccurate. But despite their inaccuracies, Texas law enforcement continues to implement these tests when making driving while intoxicated (DWI) arrests.

Standard Field Sobriety Tests in Texas

The National Highway Traffic Safety Association (NHTSA) supports the use of three standardized tests when making a DWI stop and arrest:

  • One-leg stand (OLS)
  • Walk and turn (WAT)
  • Horizontal gaze nystagmus (HGN)

When law enforcement officers perform these tests, they look for specific results to determine whether you might be under the influence or intoxicated by alcohol or drugs.

One-Leg Stand

In a one-leg stand test, officers will ask a driver to stand straight with feet together and arms to the side. Upon request, the driver has to raise a single leg at least six inches and hold it in place until asked to stop.

Some things officers look for in this test include:

  • Moving and swaying
  • Jumping on one foot
  • Failing to keep one leg up
  • Using arms to provide balance

Though this seems like a straightforward test, anyone can potentially fail for reasons unrelated to intoxication, such as medical conditions, nervousness, or environmental conditions.

Walk and Turn

The walk and turn test asks drivers to walk in a straight line, connecting heel-to-toe with each step. After several steps are taken, officers usually ask the individual to turn around and return in the same manner.

Officers look for the following to determine intoxication:

  • Loss of balance
  • Pausing mid-test
  • Not touching heel-to-toe
  • Not taking the correct number of steps
  • Starting the test too soon

Similar to the one-leg stand test, numerous factors could contribute to someone failing this test while sober, such as the fear of dangerous traffic conditions or even a person’s weight.

Horizontal Gaze Nystagmus (HGN)

Nystagmus is a medical term for irregular, involuntary movements made by the human eye. Normally, these movements happen when a person looks too far to the sides. When a person is intoxicated, this type of jerking movement can occur much more often.

During the HGN test, an officer usually holds an item and asks the driver to follow it with their eyes, checking to see whether the driver’s eye movements are too erratic.

Unfortunately, people can suffer from conditions like vertigo and labyrinthitis that cause them to have nystagmus naturally, regardless of intoxication.

Can an officer compel you to perform these tests in Texas?

In Houston and across Texas, field sobriety tests are completely voluntary. This means that you are not legally obligated to participate in them if asked. Also, you cannot face legal penalties for refusing to take a field sobriety test.

Field Sobriety Tests Are Inaccurate in Many Cases

Per the NHTSA guidelines, field sobriety testing is supposed to be done under ideal conditions. Unfortunately, in the majority of cases, field sobriety tests are conducted on the sides of roads and highways. This can mean that speeding cars, inclement weather, uneven surfaces, and other environmental factors can seriously affect the outcomes of the tests.

In the end, poor test conditions can lead to poor results. Additionally, not everyone will react the same way to these tests. Medical problems, language barriers, mental health concerns, fear and anxiety, and even the type of footwear worn by the driver can contribute to inaccurate results. Officers may also fail to give accurate instructions, count wrong, or be poorly trained.

As such, because so many factors can play into bad results, field sobriety tests cannot always be trusted.

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How Cannabis Affects Your Driving

Lighting up a joint while driving might sound enticing—relaxing even. However, people are quick to forget that cannabis does have psychoactive properties that affect your mind and body. In which case, the effects on you would dictate how well you drive.

Yet, cannabis affects everyone differently.

With cannabis legalization emerging in many places like Canada, it's brought many legal questions regarding the level of impairment with cannabis. As a result, it's left any impaired driving lawyer and the legal system uncertain about how to navigate impairment laws with cannabis.

Learn how cannabis affects your driving to understand how it can potentially count as impaired driving.

What is Cannabis?

Notably known as marijuana, among other various names, cannabis originates from the cannabis plant found native to Central and South Asia. From this plant, many have used this psychoactive drug for centuries to use for traditional medicines and recreational purposes. Cannabis has been used by smoking, but there are other methods to get the effects of cannabis. These include vaporizing and putting it into food or beverages and concentrated oil extracts.

What Comprises Cannabis?

The reason cannabis is rather tricky to navigate regarding driving under its influence stems from its various unique makeups. Cannabis comprises more than 120 components known as cannabinoids, which interact with your endocannabinoid system.

Your endocannabinoid system plays an important role in your central nervous system and synaptic plasticity. In which case, it's been known to help regulate various functions and processes, such as sleep, mood, appetite, memory, reproduction and fertility.

Most of the cannabinoids that interact mainly with your endocannabinoid system are cannabidiol (CBD) and tetrahydrocannabinol (THC). CBD is known to be more of the medicinal side of cannabis since it mainly helps against inflammation and pain. It doesn't get you high with minimal side effects. Meanwhile, THC is the psychoactive side of cannabis that gives you that high feeling where you feel relaxed and euphoric.

It's why testing cannabis for driving impairment can be rather tricky. Somone can have pure CBD oil without effects on their cognition but could fail a roadside test just because it generally detects cannabis. It's circumstances like that where unnecessary DUIs can occur - especially for folks who need CBD for medicinal use, mainly for pain management.

What Are Side Effects of Cannabis?

Typically, any side effects from cannabis stem from THC - not CBD. There is a reason why people love cannabis with high THC. It elicits feelings of giddiness, relaxation, heightened appetite, and even focus and creativity.

However, the THC in cannabis is not without its adverse side effects. For some, it can result in coordination issues, delayed reaction time, anxiety, and drowsiness. These side effects could potentially be dangerous to be experiencing while driving if they were to occur.

Does Cannabis Affect Driving?

The adverse side effects of high THC in cannabis can most certainly affect your driving.

From this cannabinoid component, drivers might be too drowsy to drive, akin to practically sleeping on the wheel if the THC concentrate was incredibly high. Furthermore, part of its short-term side effects is a slower reaction time, which would prove dangerous if you needed to stop suddenly and could lead to a potential accident. Plus, it doesn't help your ability to pay attention and impairs your coordination, so you become unaware of the drivers around you and not fit to handle road conditions.

It's safe to say that cannabis can negatively affect your driving. Since it impairs so much of your body and mind, it can have horrible consequences like accidents, serious injuries, or, worst-case scenario, even death.

With cannabis gradually becoming legalized in various places, it's become a contentious issue regarding being under its influence while driving. There is no doubt that cannabis with high THC can negatively affect how you drive, with potentially dangerous outcomes for you and others. Yet, cannabis doesn't always have THC. Some folks only use CBD and could wrongfully end up with a DUI for a roadside test that doesn't consider cannabis on its components but rather as a catch-all. Until lawmakers can further iron out cannabis laws relating to driving impairment, it's probably best not to use cannabis while driving to be on the safe side of the law and protect others and yourself.

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How Does a DUI Affect Your Life

An all too common concern that any impaired driving lawyer has heard from a client's mouth is: "Will I be able to drive again?" It's a valid question. Yet, it's not quite the right question.

For clients unaware of what a DUI entails, it can affect their lives in a way that goes beyond not being able to drive for a long time. In understanding how much of an impact a DUI can have in your life, you can make better driving decisions in the future from here on out.

What is a DUI?

DUI is an acronym for "driving under the influence." A DUI is when someone is driving, operating, or in control of a vehicle while impaired by alcohol or drugs to the point where they can't safely handle a vehicle. You can easily get a DUI if given a breathalyser and fail it. Depending on your region, the amount of acceptable alcohol to pass a breathalyser can vary. 

As for the nature of a DUI offence, it's one that's generally taken rather seriously. In places like Canada, a DUI can result in a criminal charge, while in the United States, it depends on circumstances where it can either be deemed a misdemeanour or a felony crime.

The Consequences of a DUI

You can expect receiving a DUI to have punitive consequences for the most part. Naturally, with a DUI, your licence would be suspended from you. Yet, it doesn't completely mean you won't be able to drive anymore. If you wish to drive again, you need to prove you're capable and responsible by enrolling in a program geared towards establishing you have turned a new leaf. However, depending on how much you offend, you can expect your licence to be suspended for years or revoked completely.

In addition, you will need to pay fines due to your DUI, which can be rather costly. Other factors like those hurt from your DUI can affect you if you may need to serve time in jail on top of paying fines.

However, even if you serve time and pay fines, a DUI can affect your life in other ways by limiting your opportunities.

Travel Restrictions

Travelling is already a hassle. But with a DUI, you can expect it will make things a lot more complicated. Depending on another country's laws surrounding a DUI, you may or may not be granted permission to enter their country. In addition, they will be factoring in the nature of the offence (i.e. first-time offender vs. repeat offender) and how you present your situation when prompted to do so. In which case, this can limit any countries that you may wish to visit in the future.

Influence Immigration

Unlike travel limitations, a DUI can significantly impact your citizenship status. If you're hoping to apply for citizenship, your DUI offence alone can cause your citizenship application to be denied. In essence, you won't be able to immigrate to another country.

Employment Problems

It can already be rather hard to compete with others for a job position in this economy. However, if you have a DUI, it can make getting hired even harder. In some hiring processes, you may be expected to go through a background check, and potential employers would be able to see the DUI. Unfortunately, possible employers have a right to disregard you as a candidate because of the nature of the offence alone. Plus, any jobs requiring driving will not consider you. However, it's not impossible to find employment. Some employers will hear you out during the hiring process and can hire you if they deem your DUI to be behind you.

Revoked Rights

In some countries, notably the United States, you can have certain civil rights revoked because of your DUI. What civil rights do these include? You can kiss that right away if you're a gun-owning individual, as you wouldn't be deemed responsible enough to handle a firearm. In addition, if politics was particularly important to you, your right to vote is taken away as well.

Child Separation

A DUI can affect you in a more personal way. In some countries like the United States, it can impact whether you can see your child if you and your partner are divorcing. Your custody or visitation privileges can be denied and limited, especially if your child was present in the vehicle while you were under the influence.

With the various ways a DUI can affect your life, its clear punitive consequences reflect the serious nature of the offence. A DUI truly highlights how risky behaviour that harms others will ultimately impede your life for the worst.

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What is Likely to Happen When You Get a DUI? Let's Find Out Now! Driving under the influence or DUI can lead to fines, jail time, and other severe penalties. What you may not know, however, is that getting a DUI can be a gateway offense that could lead to far worse things down the road. If you're under arrest for driving under the influence and pleading guilty, here's what happens when you get a DUI.

1.   You Will Likely Face Criminal Charges

You should know that DUIs charges are almost always a criminal offense, not a traffic infraction. That means you could end up in jail and with a criminal record, jeopardizing your future ability to get specific jobs. Criminal offenses under DUI laws are serious—so it's essential to understand what happens when you get a DUI to make sure things don't escalate too far.

When you face charges for driving under the influence, the most crucial thing is to seek legal help from a professional and reliable DUI lawyer immediately to help you navigate your case confidently. An experienced attorney will be able to help you fight your charges and protect your rights throughout every step of the process.

2.   You Might Lose Your License

In most states, you might lose your driver's license because of driving under alcohol or drugs. It can have serious consequences—not only will it be challenging to get to work or drive kids around, but losing your license can mean losing access to a lot of other services and resources (like public transportation).

In addition, if you were driving without a valid license or permit at the time of arrest, your state DMV may impose further penalties such as suspension or revocation of your driver's license (depending on state laws). The best way to avoid these penalties is not to drink and drive in the first place.

However, if you do find yourself facing a DUI charge, consult an attorney as soon as possible to understand what happens when you get a DUI. Your attorney may also be able to help protect your rights during legal proceedings and ensure that any penalties are less severe than they could otherwise be. They will fight to help you keep your job and driving license, custody of your children, and keep up with mortgage payments.

3.   You Might Go To Jail, But Not For Long

Most people don't realize that you won't go to jail for long if your conviction is a first offense of driving under the influence under usual circumstances. The average sentence is about 30 days, and in some states, it's as little as 48 hours. If you have an extremely high blood alcohol content (BAC) or cause a severe car accident, your sentence could be longer—but even then, it would likely be at least several months before you see any time behind bars.

There are only two ways you can serve more than six months: if you refuse to take a breathalyzer test after being pulled over or have a previous drunk driving case. In both cases, your sentence will be based on state law and could last anywhere from one year to life. You may need legal representation when facing these types of charges. Contact a local attorney today to learn how they can help you fight your case and protect your job. Remember, a day in jail could be too much for many people.

4.   Increased Insurance Rates

If you have a history of drunk driving, your insurance company may increase your premiums for a few years after conviction. Insurance will increase your premiums because they deem you as a high-risk factor. People who have had multiple DUIs can expect to pay 25% more than those with clean records.

Some companies will offer better rates to drivers with DUIs on their record as long as they haven't gotten one within five years and haven't had any other violations or accidents. Generally, the hiked insurance premiums may take up to 10 years, with the last years going down. So if you don't want a higher premium rate, avoid commiting an offense. However,  hire a reliable DUI lawyer to help you get a better outcome if you have a DUI case.

Your insurance may require you to have SR-22 insurance as proof that you're in an alcohol treatment program. It's usually a requirement by law when your license is under suspension due to multiple DUI convictions. The SR-22 form also requires proof of payment for two years before you reinstate your license.


Several repercussions come with a DUI, including fines, insurance increases, and a damaged reputation. Take it very seriously if you find yourself in trouble with a law enforcement officer and receive a DUI ticket or traffic violation. You may need to contact a DUI lawyer immediately for help. And if they charge you with driving under the influence, don't drive again until you resolve your case. Drive safely and stay sober on the roads and highways.

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Best 4 Tips for Dealing with a DUI Charge Drunk driving is a common cause of accidents on our roads today. DUI is a criminal offence and may land you many years in jail. If faced with DUI charges, the first step would be to engage a skilled attorney. The professional will inform you of your rights and what to avoid, which will improve your likelihood of a favorable court outcome. There are also many other things to do to ease harsh penalties. 

 Check out ideas for dealing with your DUI case:

  1. Be open with your lawyer.

A lawyer is a handy professional in your case and will offer legal guidance throughout the process. However, you should make it easy for the attorney to help you. Be open and provide the necessary information for adequate representation. The attorney needs accurate information to fight for your rights and will use the information given to build a strong case. Also, seek advice from your lawyer and don't respond or record statements in his absence.

  1. Choose experience!

 DUI cases are lengthy and complex and you need the right expertise. An experienced attorney will go a long way in your case- only when you engage the right professional. Determine whether they have adequate skills and are certified to operate in the state. Moreover, consider an experienced attorney; they will likely offer better services. After all, an experienced DUI lawyer has handled many such cases. They know the DUI case hacks to ensure a favorable outcome.


  1. Avoid common blunders

 It's common to make mistakes when faced   a DUI charge. Examples of common blunders that people make include;

  • Seeking help from inexperienced persons

This is a common blunder resulting from stress and panic. If charged with a DUI case, relax and don't ask help for legal assistance from just anyone. Also, don't consult friends or family members, instead, consult an attorney who understands legal matters concerning DUI cases.

  • Ignoring license suspension

 When facing a DUI charge, your license will be suspended, meaning you lose your driving privileges. You're not allowed to drive until the case is over. And ignoring this will make it harder to get back your license. Again, not hiring a DUI lawyer is another common mistake. Many people want to save on lawyer fees, and some choose to represent themselves. Although this may seem cost-effective, it can be costly in the long run.

  1. Know your options

Your attorney will guide you on how to approach the case. Nonetheless, you have multiple options when it comes to DUI charges. You can;

  • Plead guilty
  • Plea for a lesser charge
  • Request trial before a judge
  • Request a jury trial

For the defense and prosecution to reach an agreement, you have to agree to a conviction for reckless driving. You'll be entitled to a lesser sentence in exchange for the plea.

Final thoughts

 It's wise to build a strong case, and an experienced attorney can help you achieve this. Hire one with skills and experience handling DUI cases in your state. The professional will coach you on what's expected of you and things to avoid during court proceedings. Therefore, adhere to the guidance to improve your chances of a favorable court outcome.

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Criminal Law: Understanding Fraud If you are facing or about to be charged with fraud or theft. You need to reach out to a lawyer as soon as possible. You will need lawyers who have experience in the field of criminal law so that they can help you to fight these charges. Alberta Legal will be there by your side fighting for your freedom and working to ensure that these changes don’t ruin your life and reputation. Here is all that you need to know about fraud cases.

What is a fraud case?

A fraud charge broadly covers acts that can be described as unlawful and deceitful taking of someone else’s money, property or valuables. Fraud also includes credit card fraud. This means using someone else’s credit card without their knowledge. Falsifying insurance records is also considered to be a fraud.

What is the difference between fraud and theft?

Theft is usually understood as someone taking something which doesn’t belong to them. However, fraud is a little different. When you are charged with fraud, it means that theft is included in the charges as an element of misrepresentation. There are many types of fraud including identity theft, forgery, embezzlement and perjury.

How severe is the crime?

A fraud case is usually categorized into two based on the amount of fraud being over or under $5,000. The severity of the fraud case is dependent on the amount involved and the complexity of the case. A credit card fraud under $5,000 is usually prosecuted towards the lower end. On the other hand, defrauding through embezzlement and an elaborate pyramid scheme with many victims is prosecuted more strictly and can also result in seeking jail time. In such cases, the options of conditional sentences are removed. Whereas, conditional statements like serving time under house arrest are a viable option when the crime is of lesser than $5,000. For theft which is above $5,000, you can face a maximum penalty of 10 years in jail and for fraud, the maximum penalty is of 14 years.

How is the case investigation carried out?

When it comes to investigation there is no one shoe fits all approach. The investigation is unique per the case, potential, alleged victims and the details of the case. For someone to be found guilty of fraud, various factors need to be proven by the Prosecutor. They need to prove that a dishonest act was committed and that the accused was aware that the act could lead to economic deprivation for another person or was willfully blind to it. It needs to be proven that the accused was aware of the fraudulent act, Also, that a financial loss was suffered by the alleged victim.

How can a lawyer help you?

A criminal conviction can have a devastating impact on the alleged victim’s life. Hence, it is imperative to have a strong legal team that will work to protect you. They will fight the criminal allegations to keep your criminal record clean. Having the right lawyer can make a significant difference in your criminal record.  

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Tips to Help You Find a DUI Lawyer That's Right For You

You've been pulled over, and the officer suspected you of driving under the influence (DUI). Now you're sitting in your home, wondering how it got to this point. Don't panic; there is the hope of avoiding the worst-case scenario: getting convicted for DUI. The first step toward avoiding such a conviction begins with finding a lawyer with experience with DUI cases and knows how to defend against such charges successfully. Here are eight tips on helping you find an attorney that's right for you:

1) Make Sure Your Lawyer Has Experience With DUI Cases

This may seem obvious but bear with us for a moment. First and foremost, do not go so far as to ask your potential DUI attorney if they've ever handled a DUI case. While the answer will be yes, it is important to determine how many cases and what kind of experience the lawyer has with such cases. The more experience they have with these types of cases, the better your chances that your case will turn out favourably.

2) Get References From Other People Who Have Had Success With Your Potential Lawyer

While there is no guarantee that those represented by this lawyer received similar charges as you (or even faced DUI charges at all), asking for references can make you feel more comfortable about hiring this particular DUI attorney. It also gives you a chance to hear about other people's experiences with them.

3) Get As Much Information About The Lawyer And Their Past Clients

This includes everything from how long they have been practicing law to their educational background. Also, be sure to find out the number of cases similar to yours that this lawyer has won. This is where experience becomes an important factor in finding an attorney for your case.

4) Ask For A Free Consultation With Your Potential Lawyer

You may think that you can recognize a good DUI attorney by simply talking with them over the phone or meeting them at their office, but choosing the right lawyer for your case is more than just about feeling comfortable with whoever might represent you. Remember, it's best if you meet with multiple lawyers before deciding who to hire; therefore, you want to make sure that the charges against you are explained in detail, along with what your options are. Meeting with an attorney for a free consultation is not only helpful in choosing the right lawyer, but it can also help save you time and money in terms of wasted trips to their office.

5) Do Your Research On Different DUI Lawyers

Remember, this is your legal defence at stake. A reputation for winning cases will always be more important than anything else when it comes to finding the best lawyer for your case. Therefore, do not forget to ask about their past cases and successes on their website's success stories section. Also, consider checking out different web pages where you can find reviews about various lawyers, including Yelp! or Avvo.

6) Make Sure To Ask About The Attorney's Fees

 The right lawyer can be more than worth its weight in gold when it comes to helping you avoid the costs of a DUI conviction. While you will want to find out how much your particular case will cost before making any legal decisions, beware of lawyers who promise to reduce the costs by getting their clients through the court as quickly as possible without regard for winning the case. This type of approach may lead to losses that could have easily been prevented with reasonable legal representation. Good lawyers know that they will lose future business by representing someone they know is guilty; therefore, they put in all the hard work needed to ensure that their clients receive the best legal defence possible.

7) Make Sure Your Potential Lawyer Is Willing To Provide The Necessary Information

Depending on the type of DUI you are charged with, your lawyer may require additional information and documentation before they can assist you in court. For example, in some cases involving drug-related charges, a blood test is necessary for your attorney to collect evidence and build a strong case against the prosecution. Therefore, ask your potential lawyer what you will need to provide them in terms of documents and evidence to do their job well.

8) Ask About Their Availability And Propose A Reasonable Schedule Of Meetings.

 Not all lawyers operate on 9-5 schedules. Some are available for weekend or evening appointments, which should be considered when meeting with potential lawyers. Furthermore, it would help if you were allowed to contact your lawyer as needed without worrying about incurring additional fees. After all, being arrested for a DUI can be a very stressful experience, so having constant access to your lawyer is important.

By following these eight simple tips, you can find the right DUI lawyer for your case who will provide you with the best chance of success. Remember, choosing the wrong lawyer could end up costing you more than just money; it could cost you your freedom.

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A Comprehensive Guide to Sexual Harassment in the Los Angeles Workplace

What You Need to Know to Fight Sexual Harassment in Los Angeles

Sexual harassment in the Los Angeles workplace can affect a y employee or job applicant. It can occur whether you work in a warehouse, construction position, retail environment, office setting, restaurant, or any other employment situation. Most importantly, it can come from anyone within your workplace, regardless of their position. In other words, it can come from the CEO, manager, supervisor, customers, clients, vendors, or coworkers. Anyone who enters your place of business should abide by any laws relating to workplace sexual harassment.

This article will provide a comprehensive guide to Los Angeles workplace sexual harassment. With the help of this guide and an experienced sexual harassment lawyer in Los Angeles, you can combat sexual harassment and get the justice you deserve.

Who Is at Fault for Workplace Sexual Harassment in Los Angeles?

The first thing you must know about sexual harassment in the Los Angeles workplace is that it is not your fault. Like rape and sexual assault, sexual harassment is the fault of the harasser. No matter what you say or how you flirt, once you say that you are uncomfortable with a sexual act, comment, or advance, it becomes sexual harassment.

At that moment, your harasser knows that you are no longer accepting of their sexual acts or advances. Therefore, they should no longer participate or make unwanted sexual comments, contact, or advances. They cannot blame you for allowing such actions in the past, as you stated your opposition to the behavior and expect it to stop.

What Creates a Claim for Workplace Sexual Harassment in the Los Angeles Workplace?

Federal laws clearly state that workplace sexual harassment occurs when an employee or job applicant in a company with fifteen or more employees faces unwanted physical contact, sexual comments, or sexual advances.

However, state laws vary from state to state. A sexual harassment attorney in Miami will give you different legal advice than a sexual harassment lawyer in Los Angeles. This difference occurs because the state laws protecting employees from sexual harassment in Miami differ from those in Los Angeles. The general basics of the law are the same. It relates to unwanted sexual advances, comments, or physical contact.

However, the number of employees a company must maintain, how many instances of sexual harassment must occur to violate the laws, or the severity of sexual harassment may vary from state to state. Therefore, you should consult a sexual harassment lawyer in Los Angeles to understand what creates your claim for sexual harassment in a Los Angeles workplace.

What Evidence Do You Need to Prove Sexual Harassment in Your Los Angeles Workplace?

A sexual harassment lawyer in Los Angeles will advise you to gather as much evidence as possible to help prove sexual harassment at work. The best way to do this is to document everything related to your sexual harassment claim.

First, write down as much information regarding the sexual harassment you endured in the workplace. Such information should include the following:

  1. What occurred
  2. Where and when it occurred
  3. Who was involved
  4. Who witnessed the events
  5. How you reported the events
  6. Who received your complaint of sexual harassment
  7. What actions your employer took to correct the problem
  8. How the sexual harassment affected your daily workplace environment

The next step is to file a written complaint with your HR department union representative or supervisor regarding the sexual harassment you endured. Make sure you document who received your written complaint, when it was sent, and what was done about your complaint.

If your employer does nothing to address your complaint, you must document how long you gave them to respond to your complaint and what their final answer was in relation to your complaint.

The more documentation, witnesses, and evidence you have, the easier it will be to combat any defense your employer will attempt to provide to the judge or jury.

How Can a Sexual Harassment Lawyer in Los Angeles Help You Fight Sexual Harassment at Work?

A sexual harassment lawyer in Los Angeles can guide you in the entire legal process relating to sexual harassment at work. They can advise you on the best course of action to file your complaint.

Your experienced sexual harassment lawyer in Los Angeles can help you determine whether your case should be filed under federal or state laws. They can help you determine who you should include as defendants in your lawsuit, whether it should be your employer alone or others in the workplace and union.

Most importantly, your sexual harassment lawyer in Los Angeles will advocate for your rights from the moment you decide to file a complaint regarding sexual harassment at work. They will help negotiate a settlement with your employer early in the process. However, they will advise you if your case is better off going to court and rejecting your employer’s settlement offers.

Let the Derek Smith Law Group Get You Justice for Your Sexual Harassment Claim.

The experienced Los Angeles sexual harassment lawyers at the Derek Smith Law Group can help you fight for your rights when facing sexual harassment at work. They will help you understand your rights and guide you through the process to ensure you get the justice you deserve. Call us at (310) 602-6050 for a free consultation.

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Help! I’ve been stopped for Impaired Driving, what does a DUI lawyer recommend I do If you’ve been stopped by the police due to a suspicion of impaired driving our DUI lawyer in Greensboro, NC has some recommendations that may help you with your case. For starters, remain as calm as you can and do your best to focus on everything going on. Our impaired driving attorneys see it on a regular basis where a client does or attempts to do too much and it leads to a better case for the state.

In North Carolina, there are a number of steps when it comes to a Driving Under the Influence or Driving While Impaired charge. The first thing we look is the reason for the stop. In Greensboro, NC, the reason for the stop must be based on a reasonable suspicion. Our DWI lawyer often sees an officer state things like crossing the centerline, lights not on, swerving, and sadly speeding. Don’t drink and drive and even if you think and believe you’re fine to drive, remember, don’t break a rule of the road and give them a reasonable suspicion to stop your vehicle.

DUI Lawyer in Greensboro, NC

Let’s say you’ve been stopped for speeding or perhaps you’re driving through a DUI checkpoint, well both of those things would give the police a valid reason to stop your vehicle. If they have a valid reason for the stop then we look at probable cause. You’ve probably heard the term in music and various other places, but what is their probable cause to search or arrest you. Our DUI lawyers in Greensboro, NC, often see the police attempt what are called standardized field sobriety tests. Typically, the way it plays out is the person is stopped, the officer alleges an odor of alcohol, red glossy eyes, and issues with divided attention questions, such as providing them with your license and registration at the same time. 

DWI Attorney in Greensboro

After police have a reasonable suspicion of impaired driving their next step is the establishing of probable cause. When it comes to a DUI charge, they’re looking for you to blow in a portable breath test often referred to as PBT. This along with standardized field sobriety tests helps for law enforcement to make a probable cause determination. Our DWI attorney in Greensboro often sees the sobriety tests just after they smelled an odor of alcohol. These typically include three separate tests: the horizontal gaze nystagmus, the walk and turn, and the one-legged stand. The nystagmus test, according to DUI attorneys in Greensboro, involves an involuntary jerking of the eyes, which is what’s called a nystagmus. If you have alcohol in your system, your eyes will move uncontrollably left and right when examined according to NC Highway Patrol. Our top rated impaired driving attorneys see this test frequently. The walk and turn is just as it sounds walk so many paces in one direction and then turn around. The one legged stand involves standing on one leg without balancing or putting your foot down. Of issue with this test according to our DUI lawyers is that some people can’t stand on one foot sober, let alone after they’ve been drinking. This is an issue with these tests, is everyone is different. If you’ve had head injuries or on pain medication, this also can cause a nystagmus. If you have leg or foot issues it can cause issues with the walk and turn and the one-legged stand. Our top rated DWI lawyers in Greensboro, see these issues and attack them on a regular basis.

Impaired Driving Lawyer in Greensboro, NC

If after conducting the above mentioned tests, law enforcement finds that they have probable cause to arrest you and charge with driving while impaired they will take you downtown to the intoxilyzer. This machine is highly accurate and standardized to make sure there isn’t missed readings. In North Carolina you have the ability to refuse this test, but our Impaired Driving Lawyers foreworn you that if you refuse they can still take your blood and do a blood test. Our Greensboro DWI lawyers will tell you that North Carolina is an implied consent state meaning by driving on our highways in Greensboro, you impliedly consent to having your blood drawn should the police have a reasonable suspicion of impaired driving. Also, a refusal of the intoxilyzer will result in the revocation of your driver’s license for one year. These things are important to note when dealing with the prospect of a DWI charge. The question is do you think there’s any chance you could be above the .08 alcohol limit. If you believe you are, or that you might be, sadly it would probably be better to refuse to give our impaired driving lawyers the best chance at beating your DWI case.

Driving While Impaired Lawyer

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our DUI lawyers in Greensboro are focused on helping clients who are facing impaired driving charges. We actually write the book for impaired driving lawyers in North Carolina, and teach attorneys how to defend clients charged with impaired driving. Contact our top rated lawyers in Greensboro NC today if you or someone you know is in need of help with an impaired driving charge. We’re here to help!

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Can I Get a DUI When I'm Not Driving?

Driving under the influence or DUI is a serious crime in most countries. Officers can arrest a driver on suspicion of DUI in Canada if they have enough reasons to support that the driver is under the influence of drugs or alcohol. So, the question is whether you can get a DUI even if you are not driving.

The short answer to this question is yes. As a passenger, you can get a DUI. There are several reasons why the police officers will get you a DUI. In most cases, a drunk passenger gives officers the impression that the driver might be intoxicated. However, if you are arrested for being sober, get in touch with a DUI lawyer to ensure that you don't have a criminal record.

How Can You Get a DUI Even If You Are Not Driving?

As said, you can be charged with DUI even if you are not the person behind the wheels. Here are the reasons why a police officer might charge you with a DUI.

Uncertainty issues - An officer may charge you with DUI if they are not sure who was behind the wheels the whole time. Hence, they charge everyone inside the car. This uncertainty even rises more if the police find the car at rest while they were called in after an accident occurred.

On specific occasions, the police investigate the scene to find out who the driver was. But, what if there is still uncertainty? For instance, both the passenger and the driver might be sitting outside the car if there's been an accident. Moreover, both of them are too drunk to respond.

You switched places - Maybe you are the real driver who was under the influence and switched places with the passenger. And, the person driving the vehicle is the original passenger. Officers are trained enough to notice these variations and can charge you with a DUI instantly.

Maybe you tried to steady the wheel - Being a passenger, you can be charged if you ever tried to reach the driving wheel. Or, you have caused the driver physically to lose control of the car. This might include pushing the driver so that they can't steer.

You were sober but the driver was influenced - If you allow anyone to drive even after knowing that they were drunk, you could get a DUI. Furthermore, the charges could escalate if the driver causes an accident that results in injuries to anyone inside the vehicle, a bystander, or anyone inside the other vehicle.

What the Law Says

In Canada, there are strict laws regarding DUI arrest and it is taken very seriously. Even when a person isn't behind the wheels can be charged with DUI. And, severely punished under the Highway Safety Code and Criminal Code in Canada.

While the Canadian Code applies in every territory and province in Canada, the Highway Safety Code is a kind of provincial law that citizens in Quebec should follow. In general, the threshold for a blood alcohol limit is 0.08, which is 80mg alcohol per 100ml of blood.

However, if you are being tested positive close to the limit but without crossing it, the officers still can investigate further. However, those options vary from one province to another.

Going to Court for a DUI Charge in Canada

Chances of proving not guilty against a DUI charge in Canada are very uncommon. That's because you were impaired in the first place and any testimony that you provide lacks credibility. And, sometimes it makes sense as well. A police officer on duty has more credibility compared to a drunk driver or a passenger.

Therefore, if you are charged for driving under the influence in Canada even if you are not driving the vehicle, never expect to be found not guilty. However, there might still be a possibility, but it is highly unlikely.

What Should You Do if You Get a Dui Even If You Aren’t Driving? 

Being a sober passenger, you don't have to face a criminal record and lose your driver's license because of the wrong assessment by an officer. There are defenses available that can challenge your arrest. This is where an experienced DUI lawyer comes to play. They provide strong arguments on your behalf and save you from convictions.

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Why are motorcycles more dangerous to operate than cars?

A motorcycle is the symbolic alternative to any other motor vehicle. It is agile and fast, capable of impressing the most stubborn of anti-motorbike drivers. But a motorcycle is not meant for everyone. The truth is that an individual overestimating their abilities, skills or safety, will sooner than later pay a high price for it. A motorcycle, as a rule of thumb, does not forgive mistakes, rookie or accidental. Of course, it’s not only motorcycles that are dangerous, but motorcyclists themselves. Every vehicle, even a bicycle or a scooter, can become dangerous in the hands of an irresponsible person. Nevertheless, a good motorcyclist should always be aware of the specific characteristics of a motorbike and take it into account.

  • Motorcycles are less-visible vehicles than cars, because they are often slimmer, lighter, and smaller. It happens, therefore, that a good portion of drivers simply do not see or hear them on the road.
  • Motorbikes also have less effective brakes than cars. This is due to their construction. During emergency braking, the main task always rests with the front wheel. The contact area of ​​a motorcycle tire with the road is much smaller than that of a car tire. Even considering the difference in weight of both vehicles, the balance is unfavorable for the two-wheeler.
  • The motorcycle is very susceptible to skidding, especially on dirty, wet surfaces, and very sensitive to any unevenness of surfaces.
  • They do not protect the driver and passenger from direct injuries. There are no airbags, curtains, and in the event of a fall or head-on collision, the occupants will hit obstacles directly.

Many amateur motorcyclists think that once they have mastered the basic riding technique, ‘it's time to get wild’. After a few weeks of "light" driving, the show begins - starting with a raised wheel, crazy acceleration, sudden lane changes, cutting corners, and risky overtaking. Statistics show that more than 50% of motorcycle accidents caused by drivers are due to speeding. At such high speeds, other road users are usually not able to correctly judge the distance and time when a motorcycle is approaching them, especially in their mirrors. This applies to New York City roads, because New Yorkers are not used to high speeds of other vehicles when stuck in traffic.

Motorcycle accidents caused by a DUI can also be much more serious than those suffered during a normal accident. This is because intoxicated drivers often do not realize they are in danger of an accident until after it occurs. Motorcycle safety equipment, such as a helmet, is designed to mitigate the effects of a normal crash. However, if a driver is under the influence of drugs or alcohol, the accident is usually atypical and much more serious. This greatly diminishes the effectiveness of the security equipment. Intoxication almost always means that the driver is at fault. The at-fault driver can be sued for damages by the injured party or survivors of the accident victim in the event of death. Compensation may be obtained for any type of damage that is the direct result of the accident. The most common injuries to motorcyclists during a DUI, at-fault or not, include:

  • Serious and superficial lacerations
  • Broken or fractured bones
  • Brain or spinal cord injuries
  • Crush injuries
  • Paralysis
  • Wrongful death

A good motorcyclist does not disregard the laws of physics, always approaches other road users with great distrust, and assumes in advance what any inexperienced may do. They also try to think for others. They prefer to brake early and unnecessarily, rather than being put in an unescapable situation.

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Are DUI Lawyers a Waste of Money?

 The average person out there believes they know a lot about the law. From TV shows and movies, from various stories, etc., they think they can walk into a court of law and convince a judge or jury of basically anything. Though this is not the case. Most people who enter into court without qualified representation end up in some serious hot water.

 If you have been charged with a DUI, then going to seek help from DUI lawyers just makes perfect sense. They're not a waste of money. They might just save you money, along with time, your license and your reputation. Here are some reasons to hire a DUI attorney.

5 Reasons to Definitely Hire a DUI Attorney

1: It's Your Future At Stake

 The first reason that you should definitely hire a DUI attorney is that your entire future is at stake. Only in rare instances, or with repeat offences, will people charged with a DUI be placed in jail. However, you're still going to have your license taken away if found guilty, and you're likely going to be put on strict probation and have a hefty fine to pay. It can really mess up your life in numerous ways. Having qualified representation is a great way to possibly beat this charge or at least keep your license. Only a lawyer can make this a reality.

2: You Don't Know the Law

 Do you know all the legal terminology, case precedents and the exact letter of the law regarding your case? In all likelihood, you do not, and it would take you a long time to learn. This is what's needed if you're going to stand trial for a DUI. Though DUI lawyers definitely know all about this. They are extremely qualified professionals who deal with thousands of these cases every year. The experience of someone who knows what they're doing is vital in such a situation.

3: Public Attorneys Aren't Great

 You might be one of the many people who understand that you do need an attorney, but you don't really want to pay for one. So, because you're entitled by law to have a defence, whether you can afford it or not, you will go with the public defendant option. This is bad news. You have to understand just how busy these lawyers are. They have no time to go over all the details or to present a brighter side of your case to the prosecuting authority. They're likely going to plead you out to something you're unhappy with and continue shuffling their deck.

4: A Chance of a Much Lesser Punishment

 It goes without saying that everyone charged with a crime would love to be found not guilty and to walk away. Though it also goes without saying that many people should not; many people are actually guilty of the crime with which they were charged. Perhaps you really were driving under the influence and were a danger to others, and there's no way that you're going to beat it in court. A tough pill to swallow, to be sure, but a DUI attorney can greatly assist you here by working with the prosecution to plead you down to lesser charges and lesser punishments. This is something you will need a lawyer for.

5: Relieves Stress From Your Shoulders

 There's a saying that the person who represents himself has a fool for a client. While this might not always be true in every case, one might have to be teetering a bit on the foolish side to take on this sort of load when they don't have to. Imagine how much time you would have to take away from your job and family learning the law, studying the case, speaking with the prosecution, etc. Forcing yourself into such a corner can be a sort of jail all on its own. It can be incredibly stressful, and you're likely to still be found guilty of the crime.

 We want you to remember two things here. One, you definitely need a DUI attorney to assist you if you have been charged with driving under the influence. Two, you want to make sure you're hiring the best in the business. This is your life we're talking about here; do not take this for granted by trying to cut corners and save money.

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What Can a DUI Lawyer Do for You?

As we have all seen recently, the police out there are not shy at all about arresting you for some sort of charge. This is especially true for a DUI. More and more checkpoints are being set up out there, and the police are given a lot more leeway when it comes to reasons that they can legally pull you over. Now, of course, no one should be driving under the influence. It's dumb and dangerous. However, everyone is entitled to freedom and a good defence if they were charged.

 This is where DUI lawyers, like the attorneys you can find at AlbertaCriminalDefenceLawyers.ca, really come in handy. What can a DUI lawyer do for you that you cannot do for yourself? Let's go down a list to see some of the benefits of hiring a lawyer for your case.

Things a DUI Attorney Can Accomplish That You Cannot

1: Help You Retain Your License

 One of the first things that happens after you're processed and released for a DUI is that your license is taken away. This doesn't necessarily mean that your license is invalid; it typically just means that the police hold on to it and refuse to give it back. Their thinking is that you shouldn't be driving anymore, but a DUI lawyer knows that this isn't right, and they will fight to have this license returned to you. You're innocent until proven guilty, so there's no call for keeping your license.

2: Fight Any Sort of Wrongful Doing

 Many times out there, police are very overzealous and pull you over without cause, or perhaps get too rough, or they might even force you to take field sobriety tests against your civil rights. There are also a lot of times where the police arrest you, and the prosecutors end up charging you, despite the fact that you have not even performed a breath or blood test. They lock you up on the word of the officer. In these instances, DUI lawyers can certainly help you out. Though it's rare, plenty of people are railroaded by the justice system and need real help.

3: Plead You to a Lesser Charge

 There are times where the police did everything right, and you are the one in the wrong. While few would want to admit such, the fact is that some people out there were willfully driving under the influence and endangering other motorists on the road. In these instances, what a good lawyer brings is an opportunity to learn from this mistake without having this mistake ruin your entire life. They can plead you down to lesser charges, so that you can just get all of this over with and move on with your life without having to deal with jail and harsher punishments.

4: Speed the Process Up

 The wheels of justice turn very slowly, which is something that everyone involved in the system knows. Having a good lawyer can definitely expedite this process, however, by really speeding up the proceedings. The longer you have to wait for your next court date, and different pre-trial motions, and even possibly jury selection is the longer you have to wait to potentially get your license back fully or to simply be over this charge. The best lawyers can get you through the process quicker so that it's not dragging on forever.

5: Possibly Get Your Charges Dismissed

 It's very rare for people who were actually under the influence to have their charges outright dismissed, though in certain situations, it can be shown that a stop or a test was unlawful, and thus the charges can get thrown out. As you might already imagine, this is something that's only going to happen with the right lawyer on your case. This isn't something that people defending themselves can make happen, nor is it something that happens with your everyday lawyer. So, it's important to pick a great attorney to handle your case.

 Remember to think locally about your attorney and to choose a DUI representative based on their reputation. You want the absolute best defending you here. This is a serious criminal charge that can carry some serious penalties with it. You will need the best lawyer fighting on your behalf.

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Can DUI Affect Permanent Residency in Canada?

There are likely to be over a million people living in Canada on permanent residency status. While not citizens of Canada - they cannot vote, hold office or get a Canadian passport - these people still must abide by the laws and rules of the country. Including, of course, a DUI.

DUI - driving under the influence of alcohol or drugs - is considered a criminal charge in Canada, one that can result in fines, suspensions, jail time and a criminal record. But while that might be the situation for citizens, permanent residents face a bigger, more complex issue: deportation.

DUIs, PR Status & Deportation

DUIs Can Get PR Holders Deported

In June 2018, Canada passed new legislation - Bill C-46 - which was meant to update both the cannabis and alcohol limits for drivers in light of the legalization of cannabis for recreational use in Canada. DUIs are now considered a serious crime.

As such, the laws for DUIs became stricter and tighter for all, including for permanent residents or temporary residents, such as those on a study visa, work permits, and even those on tourist visas.

According to the Immigration and Refugee Protection Act, Section 36 (1) states that "permanent resident or a foreign national is inadmissible on grounds of serious criminality for: (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed."

In essence, because DUIs are now punishable by sentences of up to 10 years, it is considered part of the IRPA. Therefore, permanent and temporary residents could lose their status, become inadmissible with their visa or application, and be deported from Canada. This can apply to those living in Canada for several years or first-time DUI offenders.

You Can Also Be Stopped Entering Canada

The law also affects those applying to enter Canada.

If you have been convicted of a DUI before entering Canada (in your country of origin), you may be inadmissible to enter Canada, as it is a criminal offence.

However, while that might be common for many countries (denying entry to those with charges or records), Bill C-46 also mentions that "permanent residents who are convicted abroad or who an officer believes has committed an impaired driving offence outside Canada will now be inadmissible for serious criminality. This means loss of PR status with no right of appeal...will no longer be eligible for deemed rehabilitation" and those that "previously deemed rehabilitated will no longer be so; they become inadmissible again."

Overall, that means that if you entered Canada with a DUI, which was passed because of a criminal rehabilitation pardon, your visa and status might be inadmissible again.

What To Do If You're Charged With A DUI

Remember, because you have been charged with a DUI doesn't mean that you'll be convicted of one. Only if you have been convicted of a charge will a record appear in your name, resulting in you potentially losing your visa and status.

As such, there are some options available to you to contest the charge:

Contact a DUI lawyer that can help you with your case. Make sure that you hire someone that has experience in DUI cases, particularly with permanent residents (https://www.dunlapcriminaldefencelawyer.com/impaired-driving/).

In many situations, DUI tests can be read wrong, with faulty machines or incorrect police reports. With a lawyer by your side, you can build a case for your defence, helping you avoid fines, jail time and deportation.

You can also speak to an immigration lawyer regarding your status and charge. They can guide you on what to do next.

Apply for Criminal Rehabilitation. If you have been convicted of a DUI outside of Canada, you can apply for "criminal rehabilitation", meaning that you have passed the eligibility criteria of a visa, and it has been at least five years since you completed your sentence or committed the crime.

Be Aware, Be on Guard & Get Help

Don't risk your life in Canada by consuming alcohol or cannabis and getting behind the wheel. You risk losing your visa and status, finding yourself unable to return to Canada in the future. If you have been charged with a DUI, then it is advisable to seek legal counsel immediately.

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What to Do if You Are Injured in a Car Accident Car accidents are terrifying affairs that happen far too often and that often lead to very serious injuries. If another motorist’s negligence leaves you injured in a car accident, it can leave you at a loss regarding how best to proceed. After all, you’ve been injured, and you have a long journey ahead toward regaining your health and well-being. One of the most important steps you can take after being injured in a car accident that was caused by another driver’s negligence is consulting with an experienced Sarasota car accident attorney – who will tend to the negotiations with the involved insurance company to help ensure your claim’s best possible resolution, while you focus on your recovery.

First Things First

Every car accident is unique to the unique situation involved, but there are some basic first steps everyone who is involved in a car accident should take, including:

  • Move your vehicle as safely out of the way of oncoming traffic as you possibly can
  • Call 911
  • Provide aid to anyone who needs it (to the best of your ability)
  • Accept medical attention at the scene of the accident if it is offered – or seek medical attention on your own as soon as you are able to do so
  • Gather evidence at the scene of the accident (if you are able), including taking photos and videos that depict the accident and damage from every angle and obtaining eyewitness testimony and contact information
  • Don’t talk about the accident at the scene (your words can come back to haunt your car accident case), and if the police ask you questions about the accident, answer them as honestly and succinctly as you possibly can

Seek Medical Attention

If you have been in a car accident of any serious magnitude, you should seek immediate medical attention. Even if you don’t think you were seriously injured, the fact of the matter is that injuries can be symptom-free (until they progress into something far more serious and far more difficult to treat effectively). When it comes to your health and well-being, it is always better to be safe than sorry. Further, if you know that you’ve suffered an injury, do not waste time deciding whether or not you need medical care – allow experienced medical professionals to make this call.

It’s Time to Consult with an Experienced Sarasota Car Accident Attorney

If another motorist’s negligence leaves you injured in a car accident, the surest path forward is with an experienced car accident attorney by your side. The resourceful Sarasota car accident attorneys at Matthews Injury Law are well positioned and well prepared to zealously advocate for your rights – in pursuit of just compensation that covers your physical, financial, and emotional damages in their entirety. Our dedicated legal team is here for you, so please don’t wait to contact us online or call us at 941-877-5800 for more information about how we can help you today.

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Are DUI Lawyers a Waste of Money?

The average person out there believes they know a lot about the law. From TV shows and movies, from various stories, etc., they think they can walk into a court of law and convince a judge or jury of basically anything. Though this is not the case. Most people who enter into court without qualified representation end up in some serious hot water.

 If you have been charged with a DUI, then going to seek help from DUI lawyers just makes perfect sense. They're not a waste of money. They might just save you money, along with time, your license and your reputation. Here are some reasons to hire a DUI attorney.

5 Reasons to Definitely Hire a DUI Attorney

1: It's Your Future At Stake

 The first reason that you should definitely hire a DUI attorney is that your entire future is at stake. Only in rare instances, or with repeat offences, will people charged with a DUI be placed in jail. However, you're still going to have your license taken away if found guilty, and you're likely going to be put on strict probation and have a hefty fine to pay. It can really mess up your life in numerous ways. Having qualified representation is a great way to possibly beat this charge or at least keep your license. Only a lawyer can make this a reality.

2: You Don't Know the Law

 Do you know all the legal terminology, case precedents and the exact letter of the law regarding your case? In all likelihood, you do not, and it would take you a long time to learn. This is what's needed if you're going to stand trial for a DUI. Though DUI lawyers definitely know all about this. They are extremely qualified professionals who deal with thousands of these cases every year. The experience of someone who knows what they're doing is vital in such a situation.

3: Public Attorneys Aren't Great

 You might be one of the many people who understand that you do need an attorney, but you don't really want to pay for one. So, because you're entitled by law to have a defence, whether you can afford it or not, you will go with the public defendant option. This is bad news. You have to understand just how busy these lawyers are. They have no time to go over all the details or to present a brighter side of your case to the prosecuting authority. They're likely going to plead you out to something you're unhappy with and continue shuffling their deck.

4: A Chance of a Much Lesser Punishment

 It goes without saying that everyone charged with a crime would love to be found not guilty and to walk away. Though it also goes without saying that many people should not; many people are actually guilty of the crime with which they were charged. Perhaps you really were driving under the influence and were a danger to others, and there's no way that you're going to beat it in court. A tough pill to swallow, to be sure, but a DUI attorney can greatly assist you here by working with the prosecution to plead you down to lesser charges and lesser punishments. This is something you will need a lawyer for.

5: Relieves Stress From Your Shoulders

 There's a saying that the person who represents himself has a fool for a client. While this might not always be true in every case, one might have to be teetering a bit on the foolish side to take on this sort of load when they don't have to. Imagine how much time you would have to take away from your job and family learning the law, studying the case, speaking with the prosecution, etc. Forcing yourself into such a corner can be a sort of jail all on its own. It can be incredibly stressful, and you're likely to still be found guilty of the crime.

 We want you to remember two things here. One, you definitely need a DUI attorney to assist you if you have been charged with driving under the influence. Two, you want to make sure you're hiring the best in the business. This is your life we're talking about here; do not take this for granted by trying to cut corners and save money.

Uncategorized https://www.101duiattorney.com/dui_attorney_guide/are-dui-lawyers-a-waste-of-money-30848640.shtml https://www.101duiattorney.com/dui_attorney_guide/are-dui-lawyers-a-waste-of-money-30848640.shtml Editor Sat, 15 May 2021 23:44:18 -0400
Can I Provide Evidence that May Help My PI Case? For personal injury victims in Florida, pursuing compensation means filing an injury claim with the liable party’s insurance provider. A successful personal injury claim will require strong evidence of the injury’s severity and proof of the liable party’s negligence as well as liability for the victim’s damages. Solid evidence is key to making sure that you receive the compensation you deserve for all your losses.

The Importance of Strong Evidence in Personal Injury Cases

In personal injury cases, the claimants or injured victims will need to prove their claims with what’s called a “preponderance of the evidence.” This means that they must have sufficient proof to convince the insurance adjuster, or a jury if the case goes to trial, that there’s more than a 50% chance that their claims are valid. In this light, for your personal injury case to succeed, you will need to have and present different kinds of evidence to substantiate your claim. Without proper evidence, it would be extremely difficult for you to prove your injuries and that the liable party caused your injuries.

Understanding Physical Evidence in PI Cases

Broadly speaking, physical evidence is any evidence that can be touched and seen. Physical evidence can come in the form of photographic proof and tangible proof. Claims representatives may be more amenable to a high settlement amount if claimants have solid evidence to back up their claims. This is because the representative won’t probably risk having your evidence used against the liable party if your case goes to trial.

Let’s say, for example, that your PI claim goes to trial. The physical evidence will enable the jury to actually observe and see how the accident happened and the seriousness of your injuries. The jurors can see, touch, and interact with tangible evidence, which can include your bloody and torn clothes, your scars from the injuries, or a slipping hazard, etc. Photographic evidence is any proof that you can’t otherwise preserve or keep, such as photos and videos of the accident scene and your injuries.  

Documentary Evidence is also Very Important

Documentary evidence helps support your claim via facts found through official documentation. Certain evidence can also be both documentary and physical. For example, a surveillance video that shows how an injured victim slipped and fell on a sidewalk is considered to be both photographic, physical, and documentary evidence. Other documentary evidence also includes the following:

  • Police report of the accident
  • Medical records and bills
  • Proof of lost income
  • An injury journal that has detailed information on the injuries and how they affect the victim’s life
  • Invoices for repairing damaged property
  • Any other documents to provide proof of the damages the victim suffered

Talk to Reputed Florida Personal Injury Lawyer Now

Injured accident victims with no or weak evidence will have a challenging time pursuing compensation for their losses. An experienced Florida personal injury lawyer can help you figure out and gather the necessary evidence to ensure that you have a strong PI case. Get in touch with Demand The Limits by filling out our online form or calling us at 561-600-3555 to schedule your free claim evaluation with one of our Florida personal injury attorneys.

Uncategorized https://www.101duiattorney.com/dui_attorney_guide/can-i-provide-evidence-that-may-help-my-pi-case-30848639.shtml https://www.101duiattorney.com/dui_attorney_guide/can-i-provide-evidence-that-may-help-my-pi-case-30848639.shtml Editor Mon, 10 May 2021 08:08:03 -0400
What Questions to Ask a DUI Lawyer

You are bound to have many questions if you face drunk driving or drugged driving charges. After all, facing DUI in Alberta is no joke. According to the DUI legal experts at Alberta Criminal Defence Lawyers, someone arrested on these charges should ask their DUI lawyer multiple questions in the first meeting. To help you get the information you need from your first meeting with a lawyer, some of these inquiries are listed below.

First Things First: Hire an Experienced DUI Attorney

 Before meeting with a DUI lawyer, it is important to know the gravity of your situation. You can be found guilty of impaired driving under Canada's criminal code if your blood alcohol concentration (BAC) is 0.08 percent or higher. You can also be charged if you are driving while impaired by alcohol or drugs. It is a police officer's duty to determine whether you are impaired by alcohol or drugs when they pull you over on the roadside.

 Being charged with DUI in Calgary, then found guilty or convicted, will change your life. These changes are far from minor or positive. You can actually face serious criminal penalties, including spending time behind bars.

 The penalties you face and the life disruption your charges will cause make it critical that you hire an experienced DUI attorney. You need a legal representative who has a solid track record of helping people facing DUI charges like yours. This lawyer should advocate for you, help you understand the law and charges against you, and help you achieve the best possible outcome for your case.

Questions to Ask Your Lawyer

 Below are some of the questions you should ask a potential lawyer in your first meeting with them about your DUI case.

How much experience do you have?

 It is very important to ensure that your potential DUI attorney has enough DUI case defence experience to benefit you. You definitely need a skilled lawyer who is very familiar with the courtroom and represents DUI defendants on a routine basis. They must have trial experience for these cases, too.

 If the judge and crown prosecutors in your case are familiar with your DUI defence lawyer, they are more likely to offer a better plea deal. If your attorney has had success at trial, the prosecutors will not want to put their time into a trial they risk losing because of defence skill. Instead, they may recommend probation or reduced charges, such as reducing your DUI to careless driving charges.

What defences can you potentially use in my case?

 As with any criminal case, your defence lawyer has a variety of potential defences they can use to fight your charges. It is important to ask about these prospective defences from the outset of your relationship. One such defence is alleging that law enforcement officers violated your Charter rights by improperly conducting the traffic stop. With the right legal defence and strong arguments to back it up, you can even achieve dismissal of your DUI case.

What potential penalties do I face if I am convicted?

 It is very important to understand the potential penalties you face if you are convicted of your DUI charges. Some of those potential penalties may include:

  • Fines
  • Jail time
  • AALS licence suspension
  • Mandatory probation

 From the outset, AALS licence suspension is likely one of your biggest concerns. You also face the possibility of mandatory alcohol education class attendance, installation of an ignition interlock device on your personal vehicles and community service.

Immediately Contact an Experienced DUI Defence Lawyer about Your Case

 It is very important to immediately contact an experienced DUI defence lawyer in your area to discuss your DUI case and get the support you need. You will need to be honest with your lawyer about the specifics of your case, such as how much you had to drink and your interaction with the police. Take a copy of your police report and any other supporting documents to your lawyer's office. Full disclosure is the best way to ensure that your lawyer has the information he or she needs to achieve the best outcome.

Uncategorized https://www.101duiattorney.com/dui_attorney_guide/what-questions-to-ask-a-dui-lawyer-30848638.shtml https://www.101duiattorney.com/dui_attorney_guide/what-questions-to-ask-a-dui-lawyer-30848638.shtml Editor Sat, 17 Apr 2021 11:15:09 -0400
Can I sue for slip and fall damages if I was intoxicated? Slip and falls are a major cause of accidents with serious injuries. If you fall on someone else’s property due to their negligence, you are legally entitled to sue for damages. But what if you were intoxicated when you fell? As with so many other legal questions, the answer varies widely depending on which state you are in. Because of the complexities involved, once your medical needs are addressed, your next priority should be consulting with a personal injury attorney who has extensive knowledge of premises liability law.

An experienced slip and fall lawyer will listen carefully to the details of your accident to determine whether you have a viable case against a private individual, a company, or a government entity in the state in which your accident took place. Much will depend on how

your state recognizes shared liability. Although it is scientifically proven that alcohol [1] impairs judgment [2] affects vision and [3] worsens coordination, all courts recognize that inebriation and negligence can combine to contribute to a slip and fall accident.

How the Defendant’s Negligence Contributed to Your Slip and Fall

Property owners are legally responsible for maintaining their property so that it is safe for

others, and are held accountable for injuries that result from their negligence. This is known as premises liability. If your premises liability attorney files a lawsuit on your behalf, she or he will have to prove that the other party did not take reasonable care of the property, allowing it to present a hazard by, for example:

  • Having slippery, highly waxed floors or an unreported spill
  • Having a pathway uncleared of snow and ice
  • Having a broken bannister
  • Having a poorly lit parking lot with an unmarked pothole

However, even if your attorney is able to present photographic evidence of a defect like one of the above, the fact that you were intoxicated will affect the outcome of your case. Of course, the more savvy your attorney, the more successful you are likely to be during negotiations or in the courtroom. Making sure you have forceful legal representation will give you the best chance of winning maximum damages in spite of your intoxication at the time of the accident.

Different Laws for Different States

All states recognize the concept of shared liability, but state laws concerning how justice is meted out in such cases deviate from one another to a remarkable degree. All states accept the premise that the injured party’s awarded damages should be lessened by the percentage of his/her responsibility for the accident, a percentage determined by the court. Most states adhere to one of the two following types of comparative negligence; some few follow the principle of contributory negligence.

Pure Comparative Negligence allows accident victims to receive damages for medical costs, lost income, and pain and suffering as long as the other party was negligent, even if the plaintiff’s percentage of fault is higher than the defendant's. This means that, in almost a third of the states, including New York, Florida, and California, even if the court finds that your drunkenness made you 70 percent responsible for your slip and fall, you can still receive 30 percent of court-awarded damages.

Modified Comparative Negligence, on the other hand which is the model for premises liability cases in 33 states, limits the victim’s damages much more stringently. In modified comparative negligence states, the victim is only allowed to recover damages if she/he is less at fault than the defendant. In some states, like Colorado and Georgia, the victim must be deemed less than 50 percent at fault. In others, such as Illinois, Massachusetts, Michigan, and Ohio, the victim can recover damages if his or her fault is 50 percent or less. While that 1 percent difference may seem insignificant, in substantial settlements it may amount to tens of thousands of dollars.

Contributory Negligence

If you are intoxicated when you slip and fall in Alabama, Maryland, North Carolina, Virginia, or Washington, D.C., you may be in for a rude awakening since these few states still work under the rule of contributory negligence. According to this system, if you tested positive for alcohol intoxication at the time of the accident, you will most likely be deemed partly responsible for your own injury and will be unable to collect any damages. Still, however dim your chances seem, it is always essential to consult with a slip and fall attorney to clarify your options.

When Vendors or Parents May Be Held Responsible Another’s Intoxication

According to The Dram Shop Act, a law in 38 states, a bar, restaurant or liquor store that sells alcohol to a person who is obviously inebriated or visually impaired is breaking the law. Thus, if you are noticeably drunk, get served whiskey in a bar and then slip on a spill on the barroom floor, the vendor may be legally at fault for serving you, as well as for not cleaning up the spill.

An even more complicated situation arises when a minor is served liquor in someone’s home. The courts have held that when a teenager is served alcohol illegally, the host can be prosecuted.

A Skilled Slip and Fall Attorney Provides the Very Best Chance of Recovering Damages

When you are overwhelmed by physical pain, high medical bills, lost income, and anxiety, the practical thing to do is engage the services of a competent, compassionate attorney. When you are dealing with the added complication of your intoxication, it is imperative to have a true professional to navigate the legal channels that will hopefully lead to justice.

Uncategorized https://www.101duiattorney.com/dui_attorney_guide/can-i-sue-for-slip-and-fall-damages-if-i-was-intoxicated-30848637.shtml https://www.101duiattorney.com/dui_attorney_guide/can-i-sue-for-slip-and-fall-damages-if-i-was-intoxicated-30848637.shtml Editor Wed, 27 Jan 2021 23:16:33 -0500
Why You Should Call A DUI Lawyer Immediately When You Get Charged

So, you've been charged with a DUI. That can mean severe long-term consequences, such as hefty fines, impounded cars, loss of driving privileges and even jail time. So when the papers and charges are read to you, what do you do?

You call a DUI lawyer straight away.

Here's why it's the most important and most immediate task that you should do.

They Can Begin Working On Your Case

DUI cases work fast. Superfast. So it would be best if you had that support immediately in order to build a defence to your lawsuit. You can only get that through a DUI attorney.

They'll immediately start working on your case, collecting evidence that can defend you while reviewing the proof brought forward by the prosecution. They'll also interview you to get a full understanding of the incident and what occurred leading up to the DUI.

The quicker the DUI lawyer starts on your case, the more likely they have the time to build a robust defence that benefits you.

How They Will Defend Your DUI Case

Part of your appeal will be how the DUI lawyer examines the evidence against you. They will consider the following options when it comes to your case, including:

  • How the breath and blood samples were taken, and if they were taken through lawful procedures (ensure that all technical codes were followed)
  • They will also examine:
    • If the testing apparatus was in proper working condition and maintained following manufacturer specifications
    • And if the equipment is allowed for use in your state or province
  • They would cross-examine the police officers who took the samples, which includes understanding if the notes and observations recorded establish beyond a reasonable doubt that the crime was committed
  • Call into question the accuracy of police reports, such as questioning if the accused was in "care and control" of the vehicle at the time of the impaired driving offence and if there was an intention of acting out of control while driving
  • Bring in witnesses at the time of the incident or beforehand. They can also hire expert witnesses that can enhance your stance while breaking down the prosecution’s evidence

As You Wait…

…. Don't Speak To The Prosecution Or Police

Do not contact the Crown Prosecutor or give a statement to the police. This can be used against you in the trial, impeding any good faith you have with the law. It's paramount that you avoid incriminating yourself even further.

... Don't Break Your Conditions

It's most likely that you've lost your licence, have a driving suspension and had your car impounded. Under no circumstances should you break these rules. While you can retrieve your vehicle, you shouldn't drive it, as you risk making things worse. In fact, avoid causing problems of any sort until you head to trial.

Finding A DUI Lawyer Fast

Once you've been charged, the time is now to search for a lawyer. But what do you look for in a DUI attorney? Do you just hire anyone since you need it now, or do you search for an expert that can win you the case?

You go for the latter, but you do it post-haste.

We recommend when it comes to finding one that is capable for your case, note these following factors, as highlighted by the high-quality lawyers at Dunlap Law:

  • Over 25 years of experience in the field, particularly in DUI law
  • Has a high-rate of success. Look for someone with over 90%
  • Offers a detailed approach to case-handling and execution
  • Has a supportive team of legal aids that can add more to your case
  • Has a high-level of credibility and reputation within the courtroom and industry
  • Offers affordable fees and a deliverable structure (such as a "win-percentage" deal where they only get paid if they win your case)

DUI law is complicated and continually changing, and each case is different in its own way. Undergoing an appeal without a DUI lawyer's advice and experience can only end up with one result: you facing severe consequences.

Even if the lawyer costs you more than expected, it's likely money well spent. Remember that your life and livelihood are on the line, so you should get the best representation possible.

Uncategorized https://www.101duiattorney.com/dui_attorney_guide/why-you-should-call-a-dui-lawyer-immediately-when-you-get-charged-30848636.shtml https://www.101duiattorney.com/dui_attorney_guide/why-you-should-call-a-dui-lawyer-immediately-when-you-get-charged-30848636.shtml Editor Tue, 05 Jan 2021 02:15:15 -0500