Alcohol-related Charges have Serious Consequences and a Conviction can Affect You for the Rest of Your Life

Posted by on Mar 28, 2017 in Uncategorized | 0 comments

Alcohol-related Charges have Serious Consequences and a Conviction can Affect You for the Rest of Your Life

Driving under the influence (DUI) puts many lives at risk, including that of the intoxicated driver. This is why the National Highway Traffic Safety Administration (NHTSA) puts extra effort and aggressiveness in catching and prosecuting anyone guilty of it.

In the whole of the United States, the legal blood alcohol concentration (BAC) level is set at 0.08 %, regardless of a person’s tolerance level to alcohol. Thus, even though one may still feel unaffected after consuming four or more bottles of beer (within an hour), if he/she is caught with a 0.08 % BAC level while driving, then he/she can be charged with DUI offense, or a DWI if his/her BAC level is above the legal limit.

Often, those caught and charged with DUI are first time offenders, who may have simply decided to spend a fun, relaxing night with friends or colleagues, but who made the mistake of not asking someone to drive for them or take a cab home instead. Thus, even without the intent of violating any law, as all their thoughts are focused on getting home, they get caught: an event that can change their lives henceforth.

NHTSA’s aggressiveness in catching DUI offenders has led to the conduction of sobriety checkpoints. Anyone who had just had four bottles of beer and happens to find his/her way along this checkpoint site is sure to end up with legal problems.

Drinking is usually a part of any gathering, especially during the holidays, special occasions and weekends. While the government does not and will never forbid drinking (at least for those above 21 years old), it offers tips on how not to end up violating the law, such as asking a non-intoxicated friend to drive them home, ask a family member or a friend to pick them up, or take a cab.

It is common knowledge to Richland DUI attorneys that ‘Many people, who are arrested for driving under the influence (DUI), often claim that they have only had a few drinks or that they are not intoxicated, despite what a breathalyzer may say. Unfortunately, these common excuses do not often hold up in a court of law.

Alcohol-related charges have serious consequences, and a conviction for such a crime can dramatically affect you for the rest of your life. Thus, if you have been charged with a DUI, it may be best to call a DUI defense attorney as soon as possible to start preparing a valid legal defense that will save you from further legal problems.”

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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

Posted by on Feb 6, 2017 in Traffic Incidents | 0 comments

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.”

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Preventing Drunk Driving Accidents in Illinois

Posted by on Oct 14, 2016 in Car Wrecks | 0 comments

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.

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How To Prevent Slips and Falls In The Workplace

Posted by on Jul 11, 2016 in Uncategorized | 0 comments

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:

Housekeeping

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.

Flooring

Installing mats, recoating or replacing floors, or changing or modifying walking surfaces are some things you can do for the flooring to prevent slips.

Falls

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.

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Respite Care & Adult Daycare

Posted by on Mar 7, 2016 in Elder Issues | 0 comments

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.

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