You Can Defend Yourself Against a DUI

When someone gets pulled over and the police mention the potential for a DUI, many will assume their lives are over. DUI charges can bring with them very significant penalties, including the suspension of a driver’s license, not to mention the social stigma after the arrest.

However, many don’t realize that they don’t have to accept the charge. They can fight it, and often, they can beat it.

There are a lot of ways you can contest your DUI charge. This isn’t just sophistry either; there are plenty of legitimate legal issues with how the police judge someone to be intoxicated. Lassiter Criminal Defense in Dallas lays out a lot of great defense options. Some of those include:

  • Questioning the reading from the breathalyzer, since they can have many problems that lead to invalid results
  • You may have had “rising blood alcohol” which put you over the limit only after you stopped driving, not while you were driving
  • The police didn’t have probable cause to stop you
  • The police behaved inappropriately during the DUI testing process
  • The physical signs the police used to judge you over the limit may not be related to your blood alcohol limit (for instance, red eyes or difficulty speaking may be related to other issues)
  • The field sobriety test was judged by a subjective officer, who you believe misjudged you
  • The field sobriety test was improperly administered
  • Your poor driving was unrelated to your blood alcohol level, and so you shouldn’t be charged with DUI

These defenses are very nuanced, and it should be stated plainly that if you want to try them, you should get a lawyer that will argue them for you. Without a lawyer (and their knowledge of the law and experience building legal arguments), you’re likely to have many of these arguments thrown out.

However, with a lawyer by your side, you may very well find that it is possible to beat a DUI charge. Mistakes are made every day when the police pull people over. They can cut corners and make bad choices just like any professional. If you pay close attention and report exactly what happened to your lawyer, it’s very possible that there is a way to build a defense that forces charges to be dropped or at least bargained down to a bare minimum penalty.

Again, it can seem, after the event, like your life is over when you get a DUI charge, but it is very possible that such a charge can be fought and fought successfully. It may be possible to avoid most fines and keep your license. All it takes is the willingness to fight and finding a lawyer that can use the facts of your case to your advantage.

This is true whether this is your first charge or your fifth. With a lawyer that will fight hard for you and a creative and close look at the facts, you can get back to your life without the drastic consequences that come from a conviction.

No appreciation for the good guys anymore

Tell me if this is fair. My friend is facing assault charges for standing up for a woman.

He was at a bar with some friends (me included), and we all saw this guy harassing this lady. At first, it was a little pathetic, and it made for some fun entertainment watching him flub around trying to pick her up. He was full of bad pickup lines and really bad jokes, and she could really roll her eyes.

The night went on, we lost track of the two of them, but a few hours later, outside the bar, we saw the guy getting a little aggressive with his game. He was getting a little handsy when she clearly didn’t like it, and there was just something about him that suggested he wasn’t going to let it go.

The rest of us, shamefully, were going to just leave them alone. Looking back now, I don’t know why that is, perhaps we all just don’t like conflict. Amazingly, it was my friend, who’s the quietest of us, who went up and did something.

The rest of the story tells itself. The guy got offended. He got mouthy. My friend pushed him to get him to go away. The guy tripped and hit his head. Police got called. My friend got arrested.

Now, he needs a lawyer to defend him so he won’t go to jail or something just for being a decent person.

What kind of country are we living in where the guy who saves a girl from some harasser is the one dealing with charges?

I’m hoping the girl feels the same way and tells the police what’s up. I’ve tried to speak up, and I gave a statement, but I didn’t get the impression the guy taking it was particularly interested. I suppose friends come in and defend the actions of their friends all the time.

It’s a real nightmare, though. My friend was supposed to be going off on a big trip in another week, hence the night out, but all that’s been canceled now so he can stay here and take care of legal fees.

I tell you, this is what comes from trying to be a good Samaritan. You stick up for people, and the system sticks you.

Perhaps I’m being too cynical. Maybe it’ll all work out okay, and he’ll get a parade at the end of this. It’d have to be something like that to turn this into a happy ending after all the pain he’s been through.

Imagine, he spent the whole night in a jail cell, and I haven’t heard one thing about that harasser dude who appears to have gotten off scot-free.

What a world, right?

Yacht Parties

Anyone can have a party, but not everyone has had a yacht party. Chicago private yacht parties are among some of the most memorable events a person can experience. Make the time spent with loved ones, family, and friends that much more special by taking them on board a moving party. Guests will be so entertained they won’t want to leave.

Yacht parties can suit any occasion, such as

  • Corporate events: make your annual summer bash one coworkers talk about for months
  • Social events: have your birthday, anniversary, or graduation on the Chicago water
  • Wedding events: up your ceremony game and treat guests to a wedding they’ll compare to other weddings for years to come
  • Special events: kiss your sweetheart on New Year’s Eve under the fireworks

Another good thing about yacht parties is that the charter will often have an event coordinator work with the host to make sure everything goes right. They can help with

  • Catering
  • Entertainment
  • Photography
  • Florists
  • Bakeries
  • Much more

Having a party on a yacht adds a lot of anticipation to the event- the moving scenery gives a sense of excitement that ordinary parties often lack. Guests feel this like a buzz in the air. The water adds a wonderful backdrop to all the photos. Warm summer nights make an excellent evening for a yacht party; it can feel like a small get away from the stress of everyday life.

Everything is better on a boat. Yacht parties are a trend here to stay.

Car Accident due to Road Defect

Despite studies which show that more than 90% of car crashes are due to driver error, the National Highway Traffic Safety Administration (NHTSA) does not automatically put the blame on drivers every time a car accident occurs.

Though it may be true that thousands of drivers are careless, reckless, distracted, overspeed or drive while under the influence (of alcohol or illegal drugs), there are still car accidents that are due to factors that outside of a driver’s control. Traffic enforcers work so hard to ensure and maintain safety in all U.S. roads and highways; but what if the actual cause of dangers are the very roads and highways where millions of motor vehicles are driven every day?

Road or highway defects are also identified by the NHTSA as contributing factors to car accidents. These include simple cracks, improperly designed and constructed curvatures, pot holes, uneven pavements, faulty guardrail end treatments, substandard road construction, wrong , misplaced or absent road signs, lack of pedestrian crossings, lack of traffic lights or railroad crossing lights, insufficient street lighting, and poor skid resistance of roadways. These defects are usually due to the use of sub-standard materials, and very poor road design, construction, maintenance and repair.

No matter how careful a driver may be, or how much he/she obeys traffics rules, or regularly inspects and maintains his/her vehicle, an unnoticed defect on the road can cause him/her to lose control of the vehicle and end up suffering from a serious car accident injury.

The dangerous effects of a defectively-designed highway or a poorly-maintained street can be extensive because these affect majority of, if not all, motorists. States, municipalities and cities are the ones responsible in the construction and maintenance of roads. States, however, have immunity from any form of liability (despite injuries during an accident), which is based on the rule that, so long as they follow approved construction plans, then they are exempt from paying any claims by an accident victim.

The chance of a victim in winning a court’s approval to claim for damages, therefore, depends on the ability and competence of a car accident lawyer, who will have to prove that the risk of accident should have been foreseen or discovered (by the state).

According to The Benton Law Firm, poor road quality causes thousands of accidents annually on U.S. roads and highways. Both state and federal laws mandate that cities, towns, and counties must keep roadways safe. Unfortunately, it can be difficult to maintain every road, and safety is not always a guarantee. Road defects cause accidents that often result in injuries and death. With help from a seasoned personal injury lawyer, you may be able to receive the compensation you deserve from the responsible party.

Nursing Home Abuse: What to Look For

There are currently over 3.2 million adults living in nursing homes and long-term care facilities in the United States. While most of these elders are well cared for, many become victims of abuse. In fact, about 1 in 6 nursing home residents may be the victim of abuse or neglect every year. Additionally, about 1 in 3 nursing homes have been cited for violations that had the potential to cause harm to its residents. Sadly, about 10% of all nursing homes have violations that caused actual harm, serious injury, or placed a resident in jeopardy of death. There are many different types of elder abuse including, but not limited to, physical, emotional, and sexual.

If you have a parent, grandparent, or loved one who is currently living in a nursing home or long-term care facility and you are worried about abuse or neglect, there are a couple of signs to look for. Some of the tell tale signs of nursing home abuse are a sudden decline in health, unexplained bruises or markings on skin, bedsores, and visible cuts on the body. Nursing home abuse is also especially harmful to the patient’s mental health. If your loved one has become reclusive or refuses to speak, eat, or take medications they may be a victim of abuse. Some victims of abuse will not show physical or emotional symptoms, so it is also important to observe the relationship between your loved one and their caregiver at the nursing home facility.

Preventing elder abuse includes three steps: listening to seniors and their caregivers, intervening when you suspect abuse, and educating others about how to recognize and report elder abuse.

The Most Prevalent Cases of Neglect in Nursing Home Facilities

Negligence in nursing homes refers to failure on the part of nursing home staff to provide the type of care necessitated by residents (proper care depends on each resident’s specific needs).

The most prevalent cases of neglect in nursing home facilities include, but are not limited to:

  • Lack of proper care. Bedridden patients and those who spend many hours in wheelchairs are the most often victims of this type of neglect. Being unable to move, a patient can develop bedsores and other ailments if not repositioned after from time to time.
  • Failure to properly manage medication. Improper medication management by nursing home staff members can be potentially fatal for some patients. Some of the ways through which this type of neglect can be committed include: ignoring medication orders; incorrect time, duration, or rate of elder medication administration; incorrect medical product, strength of product, or form of product; medication overdose; and medication dose omission or under dose.
  • Malnutrition: Failure to provide meals or meals that have the right amount of nutrients can lead to health issues for some patients.
  • Isolation: This happens when a patient is forgotten or purposely left alone by restraining him/her, isolating him/her from others or by keeping others away from him/her.
  • Dehydration: This happens due to failure to ensure proper liquid intake.

Three major contributory factors to acts of negligence and abuses in nursing homes are understaffing, negligent hiring and failure to provide those hired with adequate training about nursing home care. Despite total awareness (by nursing home facility administrators) of these contributory factors, more than 90% of nursing homes in the U.S. remain to be understaffed, those with criminal records continue to be hired, and may of those hired are not given any training at all.

When your neglected loved ones in nursing homes suffer serious or fatal injuries you can pursue legal action not only against the perpetrator of the abusive acts or acts of negligence, but also against the owner and/or administrator of the facility for failure the keep his/her facility free from any injurious treatment.

Symptoms of Traumatic Brain Injuries

The brain is undoubtedly the most important organ in the body. From it emanates emotions, judgment, thoughts, and others. Any violent blow or jolt in the head can lead to serious injuries or even paralysis. 1.4 million Americans suffer from traumatic brain injury annually. An Indianapolis brain injury attorney will tell you that such injuries can have a long-lasting and life-altering effect on an individual.

A mild traumatic brain injury can cause temporary dysfunction of brain cells. The more serious ones can cause bruising, torn tissues, bleeding, and other physical damage to the brain which could lead to long-term complications or even death. The symptoms of traumatic brain injury may not show up until days or weeks after the injury. People with moderate or severe TBI may experience the following symptoms:

  • A headache that gets worse or does not dissipate
  • Repeated vomiting or nausea
  • Convulsions or seizures
  • Unable to awaken from sleep
  • Slurred speech
  • Weakness or numbness in the arms and legs
  • Dilated eye pupils

The Mayo Clinic classifies the symptoms of traumatic brain injuries into the following:

  • Loss of consciousness that lasts for a few seconds to a few minutes
  • If there is no loss of consciousness, TBI is accompanied by a state of being dazed, confused, or disoriented
  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Difficulty sleeping
  • Sleeping more than the usual
  • The individual feels dizzy or experiences loss of balance
  • The person with brain injury may also experience sensory symptoms which may include:
  • Blurred vision
  • Ringing in the ears
  • Bad taste in the mouth
  • Change in the ability to smell
  • Sensitivity to light or sound
  • Cognitive or mental symptoms may include the following:
  • Difficulty in memory and concentration
  • Mood changes or swings
  • Depression or anxiety

When your head suffers a blow or violent action, it is recommended to see the doctor right away. If there are signs and symptoms of traumatic brain injury, seek emergency medical care.

On Wrong Diagnosis and Medical Negligence

On the first sign of medical issues, people do not have second thoughts as to where they will go for consultation and treatment. We put a great deal of trust on our doctors that they will provide us with optimal care. Medical professionals are held at an exceptionally high standard of professional responsibility. Unfortunately, there are instances when the people we look up to for professionalism commits serious mistakes that put the life of their patients at risk.

One of the common practices that can cause harm or injury to a patient is wrong diagnosis. It is defined as an inaccurate diagnosis of a medical ailment. Also known as misdiagnosis, there are several factors that can result to misdiagnosis. For instance, a doctor identifies a medical condition in patient that has no such ailment. Wrong diagnosis is a kind of medical malpractice. According to the website of Russo, Russo & Slania, PC, it can have serious or life-threatening repercussions on the patient.

As medical malpractice is always based on the theory of negligence, is a doctor being negligent when he wrongly diagnosed a patient? A misdiagnosis on a simple medical issues is a case of negligence. However, this is not the case when a doctor gives a wrong diagnosis on a complex medical issue. There are conditions that are hard to diagnose as they could be suggestive of a variety of conditions. When an individual complains of stomach pains, there could be several conditions causing it such as ulcer, diverticulum, and Stage IV colon cancer.

So in determining the liability of a doctor for wrong diagnosis, you have to prove that this error of the doctor caused additional harm to you. If you are able to prove that the doctor indeed erred in not giving the proper diagnosis, there is a chance that you could recover damages which may include medical expenses and pain and suffering.

What Chapter 7 Bankruptcy Can Do for Debtors

After the Great Recession of 2008-09, many Americans found themselves in financial crisis – the nationwide effect of mass lay-offs, reduction in income, underemployment and prolonged unemployment. Adding to these were other factors which contributed to the worsening of an individual’s financial situation, such as hospitalization, injuries due to an accident, natural calamity and divorce. All these factors can result to successive failures in paying monthly bills, including mortgage, personal loans, car loan, child support, alimony or spousal support and credit card bills. Due to lapses in payment debts only keep on getting bigger so that settling everything becomes an impossible task.

The pay of millions of wage earners in the U.S. is just enough to cover their basic needs and afford them a simple life style. Loss of job or reduction in pay, even for just a month, can very well be the start of a crushing debt crisis for them. This debt crisis, however, will not be the only source of pressure and stress which they will suffer. After only about three months of continuous lapses in payment of their loans, banks would already consider their loans as bad debts; a major reason for their account to be referred to a collection agency which never shy away from using hounding tactics just to make them pay. This means people calling any time of the day, especially during the late hours, receiving calls even at work and informing other workers about their debt, receiving emails, text messages, and/or letters/notices from law firms. Some collection agencies even go to the extent of requesting the court for garnishment of a debtor’s monetary compensation (until the entire debt is paid) or for a bank levy, which is the freezing of a debtor’s bank account.

Having debts, however, regardless of how big it is, does not need to be a cause of worry to debtors due to the Bankruptcy law, the government’s way of helping people find ways to pay their debts and, so, regain control of their financial situation. This Bankruptcy law or Bankruptcy Code was passed by the U.S. Congress in 1978; it replaces the Nelson Act or the Bankruptcy Act of 1898. There are various chapters under the Bankruptcy Code, one of these is chapter 7, also called Liquidation bankruptcy.

Chapter 7 bankruptcy, the bankruptcy chapter most commonly applied for, is specifically designed for individuals who have properties, but whose income falls within the limit set by the chapter. Under this chapter, a debtor will need to surrender his or her “non-exempt” properties for liquidation. If the surrendered property is a business firm, he or she will also have to cease operation of such firm. Included in the list of non-exempt properties are a vacation home or a second house, bonds, stocks, cash, and other forms of investment. Properties that may not be surrendered (“exempt” properties) include a house, clothing, necessary household appliances, a vehicle or vehicles but only up to a certain value, personal injury compensation, tools, including expensive musical instruments, that are necessary to the debtor’s trade or profession, and jewelry (up to a certain value).

All properties to be liquidated are to be under the charge of a court-appointed trustee. After the trustee has paid all the debts that need to be paid (these are called “non-dischargeable” debts), such as spousal support, child support, government-imposed penalties, court fees, student loan, debts resulting from wrongful death or personal injury, and taxes that are not more than 3 years old since they first became due, the remaining amount (if there is any) will have to be returned to the debtor. Creditors, on their part, will have to accept whatever legally determined amount they are paid, even if this amount falls short of what is actually owed them. This means that they will have to forgive the debtor of any remaining balance and waive their right to make any more collection or payment or suffer severe penalties under federal law.

Many people find Chapter 7 quite complex due to all the legal issues it contains. A bankruptcy lawyer, in this situation, may be the best person who can help debtors understand all these legal issues, and analyze if this is the specific bankruptcy chapter which will best address their financial crisis.

Is There Someone to Blame for My Child’s Erb’s Palsy?

In the height of Greece’s power in the Ancient times, the Spartans and Peloponnese regarded that a woman dying by child-birth was as honorable and difficult as a soldier heading off to war. There is, of course, precedence for this. Child-birth can be difficult and bloody and one wrong move could have devastating effects.

This brings up the topic of Erb’s palsy which is a paralysis caused by injury during child-birth. Oftentimes, this is due to carelessness or negligence during the delivery. Perhaps the baby was delivered too quickly or too much force was exerted in the attempt to pull the baby out of the womb and a nerve was damaged. This can sometimes be corrected over the course of several months through surgery and physical therapy. If left untreated, the paralysis in the child’s arm could become stunted and some cases even state that the entire arm could be entirely and permanently paralyzed throughout the person’s life.

In this kind of situation, if there is someone who is responsible for the newborn’s paralysis, that person should then be held accountable for the consequences that have been thrust upon the child. Medical practitioners are expected to practice a certain standard of care with every patient in order to avoid causing unnecessary and completely avoidable side-effects such as this. When they fail to render safe services to the point that they actually cause more harm than good, it can be said that they’ve behaved negligently. While doctors have difficult, stressful jobs, negligence that has lifelong negative consequences should not be tolerated.

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