While You have the Right to Refuse a Breathalyzer, doing so can Result in the Suspension of Your Driver’s License

Driving under the influence (DUI) and driving while intoxicated or driving while impaired (DWI) are serious traffic crimes that refer to driving while impaired by the effects of either alcohol or drugs (illegal, prescription or over-the-counter drugs). Some states use DWI and DUI interchangeably to refer to the same crime, others, on the other hand, differentiate between the two, using DUI to signify lesser intoxication.

In all U.S. states the blood alcohol concentration (BAC) level limit is 0.08% (this is usually reached after consuming about four regular bottles of beer within an hour). A driver who registers a 0.08% BAC level will be considered alcohol-impaired and charged with DUI or, in some states, DWI if his/her BAC level is higher than 0.08%.

A traffic enforcer or any police officer has the authority to stop a driver suspected of drunk driving; he also has the authority to require a driver to undergo sobriety tests, like standing on one leg and walking in a straight line he/she can also require a driver to submit to a breathalyzer test. In the website of National Highway Traffic Safety Administration’s (NHTSA’s) Traffic Safety Facts, it is said that as part of the evidence-gathering process for an impaired driving investigation, a law enforcement officer typically requests a breath sample from the driver. All States have some form of an implied consent  law, which provides that as part of accepting the agreement for receiving a license, a driver agrees to provide a breath, blood, or urine sample when properly requested.

As explained by the law firm Truslow & Truslow, drivers do have the legal right to refuse a breathalyzer test. However, refusal of the test does come with some costly consequences. Drivers who refuse the test will have their license immediately reprimanded and suspended for at least six months. This suspension period is based on your past driving record and whether you have previously refused a breathalyzer test. Refusing the test may not always be a wise decision, and it is best to consult with your attorney before any action after an arrest.

One important thing everyone needs to know about professional-grade breathalyzer devices, however, is that though this is believed to be highly accurate and sensitive, there are important factors that need to be consider when using these on suspected drunk drivers:

  1. These breathalyzers require periodic calibration in order to maintain accurate readings; failure to calibrate these on regular basis can affect BAC analysis.
  1. Breathalyzers can definitely measure alcohol which is present in alcoholic drinks; however, it will also give measurable BAC readings if one consumes food cooked in alcohol, or uses substances that contain (even small amounts of) alcohol, like toothache medicines and mouthwash.
  1. Acetone, which is detectable in the breath of those on high protein diets and diabetics, and other compounds that have a molecular structure similar to alcohol, may result to BAC readings. Besides these, adhesives, plastics, varnish, paint fumes, and cleaning chemicals with rubbing alcohol, can also produce false BAC results.

No matter the offense, criminal charges at any level should be taken seriously. This is because a person, who has been charged with, or is under investigation for, a crime can suffer serious prejudices in life even after he/she has already served his/her sentence. Thus, whether a case would be heard in a Municipal, Magistrate, State, or Federal court, having a dedicated and qualified criminal defense attorney to defend your case may save you from getting convicted and your future, from getting ruined.

 

Coverage of Workers’ Compensation

You can get injured in the workplace because of a variety of reasons. Maybe you work in a construction site and you have fallen into an unattended hole. Maybe you work in an office and you have slipped because of leaks in the air conditioner. Wherever you work, you are not safe from the dangers of workplace accidents and injuries.

It is a good thing that there is workers’ compensation, where companies give monetary compensation to make up for the damages the person has sustained while under employment. This is also a good way for employers to protect themselves, because employees typically cannot sue them if they are under workers’ compensation insurance.
But what exactly does this insurance cover? It can cover a variety of things, such as treatment costs of the injury that the employee has sustained, but the things it covers may vary depending on the jurisdiction and its laws.

Aside from the medical costs, workers’ compensation can cover salary replacements, but the coverage is typically not a hundred percent, but a significant percentage of the employee’s salary. According to the website of Scudder & Hedrick, PLLC, disability claims can either be temporary or permanent. These classifications refer to the type of injury and how this injury can affect the victim’s working capacity. The severity of the disability claims is a major factor in the salary replacement computation.

This insurance can also cover retraining costs. The employee may be out of work long enough to warrant retraining, or he or she may have missed or lost job-related knowledge and skills because of the injury or illness that has been sustained.

Workers’ compensation is a good way to ensure that the employees are not going to take a significant financial hit if they are hurt. This is particularly helpful for those who work on hazardous environments, such as construction sites and factories. The small downside is that these employees may not be able to sue their employers for their negligence. However, these employees can waive their workers’ compensation insurance if they really want to take their employers to court.

Divorce Mediation, Making Divorce an Easier, Faster, Cheaper and Less Painful Process

Misunderstandings, lack of communication, and not having enough time for one another can make a marital relationship turn sour, frustrating, painful and stressful. Some couples are able to find solutions to marital problems that slowly cause them to drift apart; other couples, however, end up hopeless and consider ending their marriage as the only means to having a peaceful life again.

Ending a marital union through divorce is not a painless process. So many marriage counselors and legal professionals say that the divorce process is a very sensitive and emotional procedure, especially with regard to issues such as child custody, child support, visitation rights, spousal support or alimony and division of properties, assets and debts. Besides being complicated, many spouses also find it very difficult to arrive at an agreeable settlement (regarding these issues) because they refuse to agree to the demands of each other.

Failure to reach an agreement, however, can only result to the divorce process landing on a family court judge’s desk and, once these issues become a judge’s concern, all decisions will be made by him/her, whether these decisions are acceptable to both spouses. These decisions, or course, are legal; thus, these require the spouses’ strict compliance or they shall find themselves in contempt of court.

Though some couples continue to choose to settle divorce in court, many others now seek a procedure that is faster, cheaper and is not argument-filled; one that promotes respect and allows the spouses, rather than a judge, to decide on all matters. This divorce process is called divorce mediation.

Divorce mediation has become a more preferable way of settling divorce due to the many benefits it provides. It is done through the help of a neutral third-party mediator, who is usually chosen by the spouses themselves. Though the mediator can share his/her opinion to give light to issues that need to be settled, he/she can never decide or impose anything on the couple.

This process of mediation offers the following benefits:

  • Allows spouses to arrive at the most agreeable and workable solutions to all issues;
  • Gives spouses total control of the proceeding and its outcome;
  • Promotes openness between the spouses;
  • Much cheaper compared to a court hearing and requires lesser time; and,
  • Ensures privacy as the procedure involves only the spouses (with their respective lawyers, if they have one).

Mediated divorce also helps preserve spouses’ respect for one another. This an important element in any divorce procedure as this will affect children’s ways of relating to both of them after their divorce. Thus, rather than a painful court experience, which anyone can witness, a peaceful and friendly settlement will definitely be more preferable.

The law firm Kirker Davis, LLP, explains that it is recommended for married couples, who are seeking a divorce, to consider alternative dispute resolutions before entering their case into the already overcrowded court system. In fact, some courts even require that a couple first goes through mediation in an attempt to solve their divorce quicker and with less complexity. Mediation is an often overlooked option that divorcing couples should consider before pursuing litigation as an option.

All You Need To Know About Whiplash

Whiplash refers to the forward and backward movement of the neck causing strain in the area. According to the website of Karlin, Fleisher & Falkenberg, LLC, whiplash happens as a result of a sudden stop or from a collision between two objects. While it is usually associated with car accidents, any impact or blow that cause your head to jerk forward or backward can cause neck strain. It could cause the stretching of your muscles and tendons in the neck.

The symptoms of whiplash usually happen within 24 hours after the incident. They may last a few days up to several weeks. Some of the common symptoms of whiplash include:

  • Neck pain and stiffness
  • Headaches
  • Dizziness
  • Blurred vision
  • Constant weariness

Less common symptoms may include the following:

  • Problems with concentration and memory
  • Ringing in the ears
  • Inability to sleep well
  • Irritability
  • Chronic pain in the neck, shoulders, or head

The good news is that whiplash can be easily treated. Doctors will usually prescribe over-the-counter drugs, ice, and other remedies. To ensure your quick recovery, you can do the following:

  • Apply ice on your neck to reduce pain and swelling immediately after the injury. Do it for 20 – 30 minutes every 3-4 hours for a span of 2-3 days. Make sure to wrap the ice in a thin towel or cloth to keep the skin from getting injured.
  • Taking pain relievers such as ibuprofen or naproxen can help ease the pain or swelling. Consult your doctor before taking any other medicines or if you are suffering from any medical conditions.
  • Support your neck with a brace or collar. However, they are not recommended for long term use because they can weaken your neck muscles.
  • Apply moist heat to your neck but only after 2-3 days of initially applying ice on it
  • Considering other treatment methods such as ultrasound and massage can also help.

A Look At The Different Equality Issues In The Workplace

The office is supposed to be a place where equality and fair play should exist. It should be a venue where everyone gets equal opportunity for all the benefits in the workplace such as promotions, salary raise, and others. Unfortunately, this is not the case. According to the website of Slater Pugh. Ltd. LLP, discrimination is quite common in a place where equality should be practiced.

Latest figures from the US Equal Employment Opportunity Commission (EEOC) reported 89,385 charges of workplace discrimination in 2015. Discrimination of any kind is quite prevalent in offices these days. When employers provide preferential treatment to a certain group of individuals, they are committing discrimination and may be subject to liability. When a hiring manager rejects the application of a person with disability or because of their color, it is an example of disability. Here we will look at the different kinds of workplace discrimination.

Age Discrimination

No employee shall be denied or excluded from benefits or be subjected to discrimination because of age. There is discrimination when the individual’s superior creates a hostile or intimidating environment that will limit the ability of the individual to perform.

The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive Federal financial assistance. On the other hand, the Age Discrimination in Employment Act only covers discrimination of people who are more than 40 years old.

Citizenship or Immigration Status

Under the Immigration Reform and Control Act of 1986, discrimination upon an individual’s citizenship or immigration status is prohibited. The law protects US citizens, recent permanent and temporary residents, asylees, and refugees from being discriminated due to their citizenship. The Office of Special Counsel for Immigration-Related Unfair Employment Practices enforce the anti-discrimination policy of the IRCA.

Disability

The Rehabilitation Act of 1973 and the Americans with Disabilities Act protects persons with disabilities from discrimination. The law prohibits discrimination in employment, public transportation, public accommodation and commercial facilities, and telecommunications.

Religion

Title VII protects an individual from being discriminated on the basis of their religion or lack of religious belief. They cannot be prohibited to “refrain from participating” in a religious activity as a condition for employment. Harassing an individual because of their religion is also illegal under Title VII. Saying offensive remarks against a person’s religious belief or practice is considered harassment.

Sex

Under Title VII of the Civil Rights Act of 1964, discrimination in any aspect of employment such as hiring, firing, pay, job designation, promotion, layoff, training, and others. It also prohibits discrimination of a transgender, lesbian, gay, or bisexual. Title VII also encompasses making unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Race

Title VI and Title VII protects individuals from being discriminated just because they are affiliated with a certain race.

How Can I Deal with Wrongful Death?

Dying’s easy—easier and faster than falling asleep, so said Sirius Black. But, really, nobody knows. It’s just that when someone’s gone—they stay gone. Sometimes, all it takes is a second for a life to be over—one mistake, one act of negligence to cost someone’s life.

The hard part is living after it, especially if you were dependent upon the person who had so recently passed away. For example, imagine that the primary income earner of your family were to suddenly die due to a workplace accident and suddenly, everything that they did for the family comes to light because there’s nobody now to do them anymore. Who will do the grocery shopping, who will pay the bills, who will pay off the debts that they may have had? Who will take care of them now – especially since there’s so much else to be taken care of, after a wrongful death situation?

According to the website of the lawyers with Williams Kherkher, it is a known trick for some insurance companies to take advantage of those who are in a state of grieving and panic to offer sums that can appear great at first glance for it covers the initial stressors of the situation but, really, costs the victims so much more in the long run.

How you can deal with wrongful death, first and foremost, is to realize that you can ask for help and that the easiest, most convenient option isn’t always right. More often than not, you are owed better than what you think is a good deal.

Business Formation and Bankruptcy

A great majority of people think that it is very difficult to start a business and that only certain people possess the skill to successfully build a business. Many people look for the basics and fundamentals that can be beneficial to start the business, but too many would-be business owners get stuck during the early stages of the building process, and easily give up because they believe they are not well-equipped to handle the obstacles. This is not true, however, and generally all of us can start a business as long as we have the needed capital amount, a good and necessary idea, and the creativity to get it done.

According to the website of the Cedar Rapids business formation lawyers of Arenson Law Group, PC, those who are brave and willing enough to begin their own business can ensure compliance of their business with certain legal issues with the help of attorneys. Lawyers play a vital role in the business building process; they provide options on the many types of business structures and counsel you on the important matters such as management, taxation, business structures, and other issues and concerns that involve business building. Having business lawyers will greatly ease not only the legal burden but also the development of the business. Not having them might cause many headaches and bring about issues that could have easily been avoided.

When you already have a good idea for your business, it is vital that you should be prepared of the possible problems that you might encounter along the way, and have a strong sense of how to effectively handle them. This would prove that you are confident and able to be trusted when it is time to find for stakeholders. This means you have to be ready with a business plan; this will show how much you have prepared, researched, analyzed, presented and strategized for the success of your business.

Having a good business plan is the key in starting a successful business. It will also be the one to save you from bankruptcy. Bankruptcy lawyers would say that poor financial handling and business decisions can lead to the downfall of a business. Laws and business regulations vary by state, so consulting with someone who understands them would be a good decision. They will guide you through the whole process, and even suggest which type of bankruptcy would best suit your business.

Starting a business is not difficult; it just needs determination, patience, and a strong and effective business plan.

What is Neuroleptic Malignant Syndrome?

Defective pharmaceuticals can critically threaten one’s life. According to the website of Williams Kherker, if a person’s health has been compromised after consuming the drug, manufacturers and distributors of defective drugs can and should be pursued. Whether it is a mislabeled bottle, or failure to list undesirable side effects, accusers can take their situation to court. While there is a vast range of potential medicinal side effects, Neuroleptic Malignant Syndrome is one that can pose serious threats.

Neuroleptic Malignant Syndrome (NMS) can fly under the radar. Although it is rare, it is a serious condition that some medicines can cause. It is onset by anti-psychotic drugs that are used to treat schizophrenia or bipolarity, and the condition requires serious medical attention.

The main symptom of NMS is that the nervous system is hindered. Independent decision making and physical functioning can be difficult, as the muscles become stiff and cognitive operations are affected.

The website of Williams Kherker speaks of the drug Risperdal, known by Risperodone, and how it can be mis-prescribed. When consumption of the drug leads to undesirable side effects, patients may be eligible for financial compensation.

Neuroleptic Malognant Syndrome is only one danger of Risperdal; the drug can cause over 10 undesirable side effects, including heart attack or higher risk of death among elderly. Due to the risky nature of pharmaceutical drugs, they should be carefully manufactured, marketed, and distributed. If there is fault in the process, people can be hurt. If a pharmaceutical error causes harm to you or a loved one, legal assistance can help when seeking financial compensation.

Truck Driving Error and Negligence

Commercial truck drivers constantly need to exercise caution while driving. To compensate for the large and dangerous nature of these vehicles, drivers must adhere to all driving regulations and laws; failure to do so can result in serious injury to other drivers. According to the website of The Ausband & Dumont Law Firm, instances in which drivers can violate safety protocol include failure to signal turns, aggressive driving and driving during adverse conditions. Exercising good judgment is a primal responsibility of all truck drivers, and should be employed at all times.

Just like other drivers, truck drivers need to signal their turns. However, it is even more imperative for truck drivers to utilize their blinkers because trucks make wide turns that impede other lanes. Blinkers should be switched in advance of the turn or lane change, and kept on until the action is completed.

Driving aggressively is a second irresponsible action that can be committed by truck drivers, and can often be ticketed by police. Speeding, running red lights, driving on the shoulder and driving in two lanes are all instances of aggressive driving. The website of LaMarca Law indicates that this is an example of error that can critically harm others. While there are ample distractions already on the road, other drivers do not need to worry about inept truck drivers.

Lastly, driving during adverse conditions is a source of driver error. Failure to recognize situations in which vehicles should not be operated can result in personal harm, or harm to others others. Trucks have the ability to turnover in slick conditions, and minimal visibility during storms compromises drivers ability to see the road, other cars, and road signs.

The Houston personal injury lawyers at Williams Kherkher point out the dangerous implications of truck driving error and negligence on their website. Failure to signal turns, aggressive driving, and driving in adverse conditions create road risks. If injured as a result of truck driver error, you may be able to seek financial compensation to settle partial or full losses that result from your injury.

Dehydration and Malnutrition in Nursing Homes

Dehydration and malnutrition are two terrible forms of nursing home negligence. Nursing homes are intended to provide care for an elderly loved one. When this is not the case, the person or facility responsible for damage inflicted should be aggressively pursued for financial compensation. Their wrongdoing should not go unnoticed, and this compensation be a source of justice for the family of the afflicted.

According to the website of the Tennessee personal injury lawyers at Pohl & Berk, LLP, malnutrition is a leading source of nursing home neglect. Often in nursing homes, residents are not able to eat without assistance. If a nurse does not help them, or there are not enough nurses to provide for all the patients, residents can suffer from malnutrition. Furthermore, if the meals are not providing necessary proteins, vitamins and minerals, or they are served in inadequate amounts, elderly are negatively affected. Signs that indicate malnutrition include weight loss, weakened muscles, and debilitated organ functionability.

A second form of negligence is dehydration. Unfortunately, this is common among elderly in nursing homes. Some residents are completely dependent on their helper; they have to request water from a nurse, or the nurse must constantly provide it. If a person displays fatigue, headaches, dizziness, confusion, or constant thirst, they can be suffering from dehydration. According to the website of Habush Habush & Rottier S.C. ®, dangers of dehydration include seizures, heat injuries, kidney failure, shock, or brain swelling.

No person should suffer from the effects of malnutrition or dehydration because of another’s negligence. The job of nurses is to care for their residents; failure to do so results in serious deterioration of elderly health. Any instance in which an individual or nursing home facility has caused residents to be afflicted, they should be held accountable for their horrible wrongdoing.

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