A Motorist, Who is Issued a Traffic Ticket, may Make a Plea of Guilty, Not Guilty or “Nolo Contendere,” or May Request a Mitigation or Contested Hearing
A motorist who will be caught violating any traffic law will be issued a traffic ticket by the law enforcement officer who caught him/her. A traffic ticket is issued to cite either a moving violation or a non-moving violation.
A moving violation, which is violation of a traffic law by a vehicle that is in motion, includes, but is not limited to speeding, driving under the influence (DUI) of illegal drugs or alcohol, running a stop sign or red light, turning into the wrong lane, failure to use turn signals, and driving a car with burned-out headlights. A non-moving violation, on the other hand, is any type of traffic offense that involves a non-moving or stationary vehicle. Examples of non-moving violations include: parking in a no parking zone; parking in front of a fire hydrant or at an expired meter; parking without a permit at a spot reserved for handicapped individuals; staying too long in a parking area that has a time limit; broken or missing mirrors; and, excessive muffler noise.
A traffic ticket may serve as a notice to a driver or owner of a vehicle that a penalty, which may take the form of a fine or deduction of points, has been or will be made against him/her (failure to pay the fine may result to prosecution or to a civil recovery proceeding for the fine). In some states, however, a traffic ticket simply represents a citation and a summons to be present at traffic court; the determination of guilt is to be made in such court.
If the motorist wishes to contest a traffic infraction, a hearing can be set by the court upon proper request. The hearings are before a magistrate or judge depending on the state or city. Hearing dates can often be continued and witnesses or police officers can be subpoenaed. At any point, the motorists may retain an attorney to represent them in a traffic infraction. Retaining or consulting an attorney may be beneficial to the motorist because an attorney would better understand how to contest an infraction in any given state or municipality. Attorneys offer anywhere between full representation in court, taking a case from inception to disposal and potentially appeals, to low-cost online consultations explaining legal options, highlighting important defenses, describing court rules and recommending the best direction for the client.
A motorist, who is issued a traffic ticket, is usually given ten to fifteen days to mail to the court that has jurisdiction over the case his/her plea of guilty, not guilty or “nolo contendere,” which is a plea of no contest (this is neither a denial nor an admittance of a charge). Instead of making any plea, a motorist may also rather request either a mitigation hearing or a contested hearing. In a mitigation hearing, a ticketed driver admits to having committed the violation; what he/she wants, however, is to be given the chance to explain to the judge the circumstances that made him/her commit the violation. Though a judge may reduce the amount of fine, he/she will not dismiss the ticket. A driver who would want the ticket dismissed should rather request for a contested hearing.
Before paying any fine, making a plea, or requesting either for a mitigation or contested hearing, it may be wise for a ticketed driver to retain or consult a traffic attorney, who knows how to contest an infraction. Along this same line of thought, the law firm Truslow & Truslow says “If you have been cited for a traffic offense . . . before you ignore the ticket or pay the fine, be sure to consult with a law firm that understands how certain traffic offenses can impact your driving privileges, record, and insurance. The fact is you may not be guilty, or the circumstances may have been exaggerated or misunderstood by law enforcement.”Read More
Drunk driving accidents are one of the leading causes of traffic fatalities in America. According to data from the Insurance Institute for Highway Safety, more than 6,000 motor vehicle deaths could have been prevented in the entire year of 2014 if the driver at fault had not been intoxicated the time of the accident.
In Illinois, the number of deaths caused by drunk driving reported from 2003 until 2012 is at 3,866. Despite strict laws that include zero tolerance policies and DUI convictions against alcohol-impaired driving, a 2012 survey by the Behavioral Risk Fact Surveillance System found that 2.2 percent of adults in Illinois reported that they continued driving despite knowing they’ve had too much to drink.
Alcohol-impaired driving is particularly dangerous when one considers the effects intoxication can have on one’s motor and cognitive skills. As the Centers for Disease Control and Prevention points out, different levels of blood alcohol concentration lead to different effects that impede a person’s coordination, concentration, and ability to make rational decisions. Considerable impairment may be experienced at even the lowest levels of BAC. At the 0.08 percent BAC limit set in all states in America, drivers will likely experience poor muscle coordination that can affect their balance, vision, hearing, and reaction time.
It’s unfortunate that harsh penalties such as fines that could total to $25,000 and possible imprisonment for up to seven to twelve years, many drivers continue to disregard the effects of alcohol-impairment and continue to drive while drunk. As such, victims and their loved ones find little recourse for the pain and suffering they endured. For most, their only option is to pursue a personal injury lawsuit against those responsible for the accident.
Chicago car accident lawyers from Karlin, Fleisher & Falkenberg, LLC point out that very few accidents can be more thoroughly preventable as those caused by a drunk driver. Victims that have been seriously injured in drunk driving accidents should consider taking appropriate legal action and pursuing just compensation.Read More
Slips and falls is one of the most common workplace accidents. According to the website of Bruner Law Firm, serious injuries can be sustained due to these kinds of accidents. Statistics from the Centers for Disease Control and Prevention revealed that falls are the most common causes of traumatic brain injuries. It can result to broken bones and hip fractures. The CDC further revealed that more than 700,000 patients a year are hospitalized due to a fall injury.
There are many factors that can cause slips and falls. For example, the former happens as a result of wet or oily surfaces, loose or unanchored rugs or mats, flooring or walking surfaces that do not have the same degree of traction in all areas. Falls happen when there is unintended or unexpected change in contact between the feet and the ground or walking surface. If you are the owner of a building or apartment, there are several things you can do to prevent slips and falls:
One of the first things you can do to lessen slip and fall accidents is to ensure good housekeeping. Some of the activities included here are:
- Immediate cleaning of spills
- Marking spills and wet areas
- Mopping or sweeping debris from floors
- Removing obstacles from walkways and keeping them clutter-free
- Keeping file cabinets and storage drawers close
No matter how sophisticated your flooring is, they will never be fully effective without practicing good housekeeping.
Installing mats, recoating or replacing floors, or changing or modifying walking surfaces are some things you can do for the flooring to prevent slips.
To keep yourself from falling, take your time and pay attention to where you are going. In addition, you can also walk with your feet pointed slightly outward. Moreover, you can make wide turns at corners.Read More
Hiring permanent in-home caregiver or moving your loved one to a nursing home community are big steps when a true decline in health has occurred. If you are seeking a more of a short-term care option for your loved one, adult daycare or respite care could be your solution.
These two solutions are closely related because they are both a temporary and time sensitive options for care. If you are a caregiver, this allows you to take some time to yourself without having to worry about the well-being of your loved one. While adult daycare and respite care are similar, they are also very different.
Adult daycare gives your loved one the opportunity to leave the home and be a part of a safe and lively environment. They are able to make friends and avoid feeling stagnant at home. This also allows you to be able to work during the day to continue supporting your loved one. SeniorAdvice.com outlines a few activities that are common in adult daycare including “discussion groups, painting, pottery, fitness programs, gardening, scheduled outings, music classes, puzzles, dancing, and educational classes.” The service of adult daycare allows seniors to have social connections and is usually financially affordable for families.
Respite care still allows you the opportunity to leave the home, but it doesn’t mean your loved one has to. Due to their health, they may not be very mobile or perhaps being at home is most comfortable for them. A nurse, doctor, dietician, or counselor comes and visits the home to provide medication, pain management monitoring, meals, hygiene, and simply companionship! If you need to travel or have other extenuating circumstances in your life, in-home respite care could provide you with a solution that allows your loved one to remain right where they are.
When you’re feeling overwhelmed by taking care of your loved one as you attempt to manage your own life, the solutions of adult daycare and respite care can alleviate the fear of leaving your loved one alone. These options are not only safe, but stimulating and beneficial to you as the caregiver.Read More
Success in business doesn’t happen in a breeze. It entails not just your capital, but also your drive and shrewdness. But although success is never handed to anyone on a silver platter, that doesn’t mean that we are completely shunned from it. To succeed in business, you have to steer clear of common business pitfalls that could hinder your path to triumph.
However, keeping away from mistakes is easier said than done. There might even be some instances when you feel that what you are doing is right, but your actions seem to actually lead your business to nowhere. Here are the things to watch out for that might probably tell you to step back and get a clearer, fuller view of your business situation:
You’re running out of funds
Poor cash flow can be a result of many different things: Poor work efficiency, higher supply cost, and non-streamlined operational processes. As you review everything, you can revitalize your finances by either seeking business loan funding, or having some investors to fund for you. According to the website of the AmLaw Global Group, there are investors who are even looking to immigrate to another country just to invest and see how their money grows.
You’re running out of customers
You might be doing either one or both of these two things incorrectly: engagement and re-engagement. Having someone buy your product is one thing; but having them come back for more is another. So, if you think that you are losing customers, evaluate how you engage and re-engage your customers with your product. That way, you can see your weak points and tweak your marketing strategies to make them as appealing as possible.
You’re running out of staff
This can be a real problem, too! Behind great brands is a great line of account managers, marketers, back support agents, etc. If you feel that you are slowly losing your gems, take a careful look on how you treat them. Are you offering competitive pay? Do you care about work-life balance? If you focus on people, they will focus on the brand.
Maybe these problems don’t apply to you just yet. In that case, check out this article in Entrepreneur about common mistakes when starting a company.Read More
Those who have been involved in a hit and run accident are required by law to “stop and give aid”, or if unable to, at least provide important contact information so that the necessary financial compensation will be given to the victim or victims. The driver of the vehicle who hit the victim or the victim’s property is legally bound to (1) stop, (2) present and share identification, and (3) provide necessary first-aid assistance. Even drivers who did not cause the accident can be criminally indicted if they have failed to execute these legal requirements, as well as passengers who help and assist the at-fault driver to run away from the scene. A passenger who takes over the wheel to escape the accident can also be held liable for the hit and run.
Areas such as Killen, Texas, know how difficult it is to be involved in a car accident, and they have seen their fair share of road accidents. Each year, a great number of Killen residents suffer from injuries and property damage because of other people’s recklessness and negligent behavior. The website of the Law Office of Williams Kherkher, says that victims can file a personal injury claim, not only to get financial compensation for their injuries, but also to ensure that the driver at-fault knows their mistake and is dissuaded from committing it again.
According to the website of Habush Habush & Rottier S.C. ®, it is important that the at-fault driver was aware of the collision and knowingly ran away from the scene. Nevertheless, any evidence that can point out any feasible interference that an incident occurred (or what is commonly called circumstantial evidence) can be enough proof that the driver was aware of what occurred. Depending on the state, majority of laws require drivers to stop and provide information and assistance after the collision regardless of whether or not it resulted to property damage or injury. Aside from criminal charges, hit and run can also lead to civil liabilities.Read More
A hit-and-run can take place in any type of accident – anyone responsible for or has contributed to an accident then flew the scene can be charged with hit-and-run. Even if the injuries sustained were not significant, the act of fleeing the scene can establish liability. Hit and run accidents are treated as highly illegal because parties are legally required to follow a formal process, typically compulsory, so if anyone commits this illegal driving maneuver they are committing a crime.
An important factor for victims to present in court when they have filed for a personal injury claim is to have eye witnesses when the accident occurred. Likewise, it is just as important to have the fleeing vehicle’s license plate number, otherwise it may be necessary to hire a detective to find evidence for the case. Penalties for hit and run accidents can change from state to state; if you have hired a Boston personal injury lawyer, he or she will inform you that serious injuries or death that resulted from a hit and run may come with a felony charge in Texas. Those who result in minor damages or injuries can have misdemeanor charges.
A Westminster personal injury lawyer will likely be aware that some victims tend to become confused and agitated when they have been in a hit and run accident. One thing victims of these accidents should not do is to chase the driver of the vehicle who hit them. It is best to stay calm and remember important details that would be necessary for police reports. Having as much information as possible about the incident and the other driver’s vehicle play a major role in having a strong case against them, and the gathered information should be relayed to the police report and the accident insurance claim that you will file.
Those who have been convicted with hit and run charged can have severe legal penalties, such as suspension of driver’s license and even possibly having it permanently revoked, as some jurisdictions allow. However, the penalty will still depend in how serious the accident was and the damage and injuries it caused.Read More
Hit and run accidents can lead to varying degrees of injuries, so in order to protect the victims, hit and run laws (or stop and give aid laws) are enforced to assure the victims get the necessary medical care that they need and the compensation for damages that the accident have caused them. Drivers who are involved in pedestrian collisions are required to (1) stop, (2) give their identification, and (3) provide any necessary or immediate assistance, even if they were not the one at-fault for the accident. Furthermore, according to the website of Spiros Law, P.C., victims have right for compensation, especially if the person who hit them abandons any of these duties.
State statues regarding hit and run accidents can differ. Hit and run situations that involved unoccupied vehicles or any unattended property would still require the driver to leave behind their information as well as a small description of the accident, as some state statute would demand from them. Additionally, they are to contact the local law enforcement office to inform them of the incident as soon as possible.
Likewise, there are some states that would criminally prosecute passengers who assist or support a hit-and-run driver to flee the scene. Passengers who take over the wheel to drive away can also be held liable for the accident. The state of Texas considers drivers of hit and run accidents that resulted to death or serious physical injuries can be charged with third-degree felony charges. Many Houston personal injury lawyers know how much of an impact a these kinds of car accidents can have on victims first hand through their experiences representing injured individuals.Read More
Communication is one of the key factors in a marriage; many marriage counselors even believe that communication is the foundation of a good marriage. In a fast paced world with almost unlimited options for communications, it is a wonder how couples can still have communication problems in their marriage. Many spouses believe that everyday talking is enough to count as communication, but the rising number of separation and divorce cases prove otherwise. For many who believe their marriage is worth saving, thinking about marriage counseling is one way to rebuild the connection with your spouse or partner.
A lack of communication in a marriage can result in a number of negative emotions such as anger, frustration, and resentment. Many studies have already determined the effect of a healthy communication in marriage, with spouses experiencing a more fulfilling relationship with strong empathy and intimacy between the couple. With a healthy marital communication, spouses can attain enlightenment and growth within the union that being alone can’t provide otherwise.
There are many ways that poor communication can manifest in a marriage. One is having too much competition within the union. Although a competitive nature does have its advantages in some areas of life, it can build walls that can separate partners that can be exhausting and demoralizing for both. Couples who are always fighting for superiority and dominance can break down communication. Being focused on individual goals strays away from the core of marriage: two people being together as one.
Another factor that can cause miscommunication is when spouses forget to be kind to their partners. Often, the problems and issues of everyday life can take its toil and, with couples being too familiar with each other, courtesy and politeness are often taken for granted. This could lead to unkind and hurtful words, or words that can be misunderstood by the other party, leading to derailed communication. One way to counter this is by keeping your emotions in check in order for your message to be understood clearly by your spouse.
Having open and honest communication with your spouse can lead to the feeling for safety and freedom in your marriage. Take time to consider your words and how you express them, and give your spouse time to express themselves as well. Because it takes time and practice to reconnect with your spouse, thinking about marriage counseling would help make crossing the boundaries easier and progress more effective.Read More
Domestic violence does not discriminate; according to the Center for Disease Control and Prevention (CDC), roughly three in every ten women and one in every 10 men suffer from domestic abuse. These people, who have experienced any form of physical violence, rape, and/or staking from an intimate partner, have stated suffering from one or more effects of the violent behavior during and after the relationship. The trauma from domestic violence is more than physical, as victims report effects on their psychological and emotional wellbeing.
How a person deals with domestic violence can depend on a number of factors. The recurrence of the abusive situations, the extent of abuse, and the impact on physical health can influence whether the effects of domestic abuse are short term or long lasting. How a person copes with stress can also be a factor, as well as the person’s age, and their past exposure to different traumatic situations. The timing of the intervention and the length of therapy can also influence a person’s ability to deal with the effects of domestic violence.
Aside from the physical trauma, psychological and emotional trauma can cause personal and social issues to people who have been through domestic violence. They can have trouble expressing themselves, and have social anxiety that become a hindrance in everyday life. Because of the severity of the effects of domestic violence, it has been considered as a criminal offense. As the Waukehsa criminal defense lawyers of Kohler Hart Powell, SC say on their website, charges of domestic violence can greatly affect the person’s life, even if they are wrongly accused. It is therefore just as important for them to have a fair trial as victims of domestic abuse be saved and protected from their ordeal. A qualified lawyer therefore is of absolute importance in these kind of cases.
It is important for everyone to understand how to deal with it and to stop the cycle of domestic abuse. It may seem difficult, but overcoming the effects of domestic violence can be done. Through therapy and counseling, victims of domestic abuse can again lead a normal life. Time, space and the belief of safety can greatly encourage the healing and positive coping of the victim for them to start believing in themselves again, become independent and have stronger relationship with themselves and other people.Read More