Fighting Back Against The Physical Evidence In Your DWI Case

There are two types of physical evidence that are typically relied on heavily when prosecuting a DWI case. These two pieces of evidence are the results from your field sobriety test and the results of your breathalyzer test. It is this physical evidence that is used to prove that you were in fact intoxicated at the time of your arrest. It is also this physical evidence which many people fear they cannot overcome when defending themselves against a DWI charge. However, this is not always the case. In fact, there are several defense strategies that an experienced DWI attorney may use to help discredit this physical evidence or even have it thrown out all together.

Fighting The Results Of Your Field Sobriety Test

A field sobriety test is designed to test your motor skills since these skills are typically impaired when under the influence of drugs or alcohol. However, it is important to note that intoxication is just one of many reasons why a person may perform badly on a field sobriety test. For instance, stress, nerves, heavy traffic, bad weather conditions, a physical injury, or poor lighting can all cause you to perform badly on this test. In order to discredit the results of your field sobriety test, your attorney will need to demonstrate for the court that there was another reasonable excuse for your poor performance.

Fighting The Results Of Your Breathalyzer Test

Fighting the results of a breathalyzer test can be a bit more complex than challenging the results of a field sobriety test. This is because most courts openly recognize the science behind these tests as being legitimate. However, this does not mean that a failed breathalyzer test will automatically result in a conviction. This is because, while the science behind these tests may be sound, there are some major flaws in the way a breathalyzer works. If your attorney can prove that the results of your test are unreliable due to these flaws, they may be able to have this physical evidence thrown out.

The most notable flaw in the breathalyzer is that there is no way for this machine to differentiate between the alcohol content in your deep lung air (the alcohol content it is supposed to be measuring) and any residual alcohol that is left in the mouth. Since residual mouth alcohol levels can spike dramatically after belching, vomiting, or suffering acid reflux, it is quite possible for a breathalyzer to return a result that is much higher than your actual blood alcohol content. Demonstrating that your breathalyzer results are inaccurate or unreliable due to the presence of mouth alcohol is one of the most effective ways for your DWI defense attorney, such as David A. Mansfield, to discredit this often vital evidence.

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Can You Be Required To Financially Support A Child That Isn’t Yours?

If you’re going through the divorce or legal separation process, you may be negotiating child support and custody with your soon-to-be ex-spouse. These discussions can be completely derailed by the revelation that your child has another father. What if a paternity test determines that the child you thought was yours is not biologically related to you? Are you still obligated to pay child support? Read on to learn more about how these situations are treated across the United States.

When can you be ordered to pay child support on a child who isn’t yours?

Laws governing child custody and support vary from state to state. However, in most states, once someone has signed an affidavit of paternity or has been listed as father on a birth certificate, he is considered the child’s legal father until court action is taken to change this status. In other states, a mother may be able to list your name as father on a legal document without your consent. One specific case recently made news when a man from Detroit was required to pay child support for more than 20 years after it had been proven he was not the father of the child in question (now an adult).

In general, courts will require you to pay child support regardless of paternity in situations where a relationship has already been established with the child or (in some cases) if the child and his or her mother are receiving state aid. In the court’s view, the best future for the child involves having a relationship with both parents — regardless of bloodlines. One part of forging this relationship between you and your non-biological child is the payment of funds to help provide food, shelter, and clothing.

Courts may also feel that the child need not be punished because your soon-to-be ex-spouse was dishonest about her child’s conception.

What should you do to protect yourself in this situation?

If you’d like to continue a relationship with your child but are worried about being roped into decades of child support, you may be able to negotiate with your soon-to-be ex-spouse outside court. In some cases, she may choose to waive child support in exchange for a greater share of retirement accounts or other marital assets. Although this still requires you to give in a bit, it will help prevent you from being ordered to pay to support a child who isn’t biologically yours (up to and often including a college education).

In other cases, it may be best to track down the biological father. If there is another individual in the picture who is capable of providing support, courts will look to this individual instead of a non-relative. To learn more about family law, visit Tracy McMurtrie Luck & Associates

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What Can You Do To Move Past A Drug Charge?

Whether you were wrongfully charged or feel that you deserve leniency in your drug case, it pays to follow some tips that will allow you to protect your future. A drug case can affect your employment opportunities, prevent you from being able to run for public office or even make it so that you are denied loans or housing if the charge shows up on a background check. To make the best choice for your future and fight this case in court, consider some of these guidelines. 

#1: Hire The Best Specialized Criminal Lawyer That You Can Afford

You can always get the help of a general lawyer, but it’s better to hire a criminal lawyer who specializes in drug charges. Just as a person charged with a DUI should hire attorneys who specialize in these cases, you should find a lawyer who focuses on the particular drug or classification of drug that you are charged with possessing.

For instance, there are different sentencing guidelines and potential defenses for marijuana–a Schedule I substance–than guidelines for cocaine, a Schedule II substance. When hiring a lawyer, sit down for a consultation and ask about their success rates and what sort of strategy they will use for your case. Most attorneys will offer these consultations for free. Get a list of their fees and payment options in writing so that you’re able to move forward with all information on the table. 

#2: Gain A Clear Picture Of What You’re Up Against

Each state has different sentencing guidelines for people who are found guilty. For instance, the state of Texas has laws that can put you in jail for 180 days for possessing 2 ounces or less of marijuana. Knowing the best and worst case scenarios gives you a clear picture as you move forward with your case. 

Criminal defense lawyers use some common strategies when making the prosecution prove you’re guilty:

  • The assertion that the police found the substance, but could not prove that it was in your possession
  • The police used improper arrest procedures or lacked a search warrant
  • The police did not have probable cause to stop you
  • The substance in question is not the substance that you were charged with possessing 

#3: Consider A Plea Agreement

Sometimes, when the evidence stacked against you is too convincing, you might want to take a plea agreement. A plea bargain is an arrangement between the prosecution and your defense team that allows you to receive a lesser charge, or no charge at all, in agreement for paying a fine, pleading guilty or taking less jail time than you would have if the case played out in court. This can work in your favor if you are facing harsher penalties. Make sure that the attorney you hire is skilled in negotiation so that you’re able to get a plea agreement that makes the most sense. 

Use these tips so that you can get past this difficult period in your life. For further help, hire a criminal defense lawyer, such as those found at Kaiser Law Group, in your area. 

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Personal Injury Cases: Taking A Look At Negative Side Effects Caused By Unlabeled Supplements

Recent statistics and data show that over 50% of Americans took some type of supplement from 2003 to 2006. Those numbers were steadily increasing and rising. Additional studies have shown that over 45% of those who took supplements wanted to improve their health and over 33% took supplements to maintain their health. Knowing what ingredients are contained within supplements is crucial, especially for those with food allergies. 

The Shocking Truth

A recent study showed that only 5 out of the 24 tested supplements contained the ingredients that it claimed to have. This means that over 80% of supplements in stores actually do not contain the ingredients that it claims to have. In short, don’t believe the labels because you simply can’t be sure of what you’re taking.

Most of these supplements contain fillers and other plant products that are not listed. The presence of unlabeled ingredients or improperly labeled ingredients, like wheat and other contaminants, can have negative consequences and side effects that can create a domino effect one one’s health.

Dealing with a Personal Injury Case

If you are a victim of unlabeled or improperly labeled supplements, you want to contact a personal injury lawyer immediately. It is important to take a sample of the supplement to the laboratory in order to determine the types of ingredients that it contains and the percentage. With this information, a medical professional can provide further insight regarding how the unlabeled supplements may have affected your health or spurred the medical conditions that you are dealing with.

By collecting all of this evidence and information, you may have a legal case on your hand, and you may be able to seek compensation from the supplement manufacturing companies. You can seek compensation for damages and losses like the full cost of the medications and medical treatments that are recommended by the physicians, wage loss from time that had to be taken off of work, caregiving expenses since you may not longer have the ability to provide and care for your children, and more. Your personal injury attorney, like those at Large & Associates Attorneys, will review your case and help you determine what is reasonable, and what can be expected.

Conclusion

Taking unlabeled or improperly labeled supplements can become a hazard, especially if you have any food allergies or if your body responds negatively to some of the ingredients. Speak with a medical professional before taking any supplements in order to get their professional opinion.

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Medical Negligence: How The Standard Of Care Affects Your Success Or Failure In Court

If you’re considering filing a medical malpractice lawsuit, you need to understand that the success or failure of the case rests on whether or not your attorney can effectively demonstrate negligence on the part of the physician. Moreover, proving negligence is largely a debate as to whether your physician violated or upheld the standard duty of care relating to your specific injury, operation, or treatment. This article discusses how a medical negligence attorney can help establish that the presiding physician failed to adequately perform his or her duties, and ultimately ensure you are awarded compensation that is sufficient to help remedy your current state. 

The Standard Of Care

A doctor’s standard of care is essentially an overarching set of guidelines that is in place to ensure that physicians treat similar injuries and illnesses with similar levels of care. In other words, its purpose is to ensure that a similarly skilled physician would have treated a patient with a similar injury in the same manner as any other doctor would have with any other patient with the same injury. An attorney might establish a breach to the standard of care in your situation by examining similar cases and how the doctors in each case treated their patients. If there are any glaring or obvious distinctions, then your case has a good chance of moving forward to the next stage.

How The Lack Of Care Resulted in Harm

Once a breach to the standard of care has been established, the next phase of litigation entails not only a detailed description of exactly how you care was below that standard, but, more importantly, how the lack of care resulted in further harm, injury, distress, or what have you. 

This last part can be the most difficult in a medical malpractice lawsuit because it might not be clear how the physician’s failure directly resulted in any additional suffering for you. While the connection might be clear to you, your attorney, and friends and family, delineating a clear path from “doctor’s failure to provide care” to the injury or pain that came about as a result is something you need a skilled attorney to handle. A malpractice lawyer understands what the courts need to see in order to conclude that your physician’s breach of the standard duty of care was indeed what ultimately caused your subsequent pain and suffering. 

Overall, once you demonstrably prove that your doctor’s lack of care was what caused your eventual suffering, than it is simply a matter of determining the appropriate degree of monetary compensation to rectify the circumstances. 

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Are You A Reckless Driver? Ways To Avoid Reckless Driving

When you hear the term reckless driver, you usually think of someone driving on the wrong side of the road. You think of someone barreling down the highway without thinking about other drivers. You think of drunk drivers. What if you were doing something that was considered reckless driving? Would you know you were being a reckless driver? You may be surprised to find some of the things you do on a daily basis on this list.

What Is Reckless Driving, Anyway?

Reckless driving happens when a driver has no regard for traffic laws. A driver is displaying signs of reckless driving when engaged in one or more of the following types of behaviors:

  • Distracted driving (texting, talking on the phone, applying makeup, changing radio stations, or eating)
  • Driving while under the influence of narcotics or alcohol
  • Driving too fast
  • Ignoring stop signs or red lights

As you can see, reckless driving encompasses a lot of things that people do on a daily basis. Now that you understand what being a reckless driver means, you need to understand how to avoid being a reckless driver. Knowing how to stop these actions is important if you want to avoid being contacted by an auto accident attorney, such as Bare Law Firm, because you were the cause of an auto accident.

Ways to Avoid Being a Reckless Driver

Plan Your Route So You Don’t Have To Speed: Never put yourself in a position where you are rushing to get to your destination. You should always add an extra ten to twenty minutes on how long it takes you to get to your destination, in order to accommodate traffic delays. This will prevent you from feeling the urge to speed.

Put Away Anything That Takes Your Eyes Off The Road: If you have impulse control, put your cellphone on silent and put it out of your reach as you get in your vehicle. You should never make a phone call or send a text message while you are driving. If you have to call or text someone and it cannot wait, pull over before doing so.

Pay Attention To The Other Drivers: Unfortunately, you do have to be aware of the way other people are driving, as well. If you see another driver doing something especially unsafe (such as driving on the wrong side of the road), alert law enforcement. In this situation, you should pull over and call law enforcement to tell them about the reckless driver.

Reckless driving is harmful to everyone on the road. If you engage in reckless driving, you could get a ticket, cause an accident, or lose your own life. Avoiding reckless driving is the only way for you to avoid being at the wrong end of a personal injury claim for an auto accident.

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Liabilities In Slip And Fall Accidents Caused By Winter Weather Hazards

With winter well underway across the United States, many localities have already experienced dangerous winter weather. Winter weather inevitably creates hazards that commuters and pedestrians must deal with as they go about their daily routines. 

While members of the public are expected to exercise some level of caution when it comes to traveling in winter weather, facilities owners and landowners are responsible for taking their part to prevent slip and fall injuries caused by ice and snow.

Those who have recently experienced a slip and fall injury because of a weather hazard will need to look into winter weather liabilities of landowners or snow removal companies to determine if they are eligible for compensation from a negligent party.

The rule of “natural accumulation”

The natural accumulation rule dictates property management standards during periods of winter weather in many states. In states where the natural accumulation rule is in effect, it can be difficult to hold a property owner liable for injuries caused by winter weather hazards that are typical to a given region at a given time of year.

This rule assumes that a certain level of snow/ice accumulation should be expected in certain regions, and that members of the public need to respond accordingly to keep themselves safe. 

While the natural accumulation rule protects property owners from liability in cases where snow/ice accumulation is typical of a given region, it does not free them of the responsibility of ensuring the safety of their premises in cases of extreme winter weather. In cases of exceptional winter weather hazards, property owners are expected to make efforts to keep their properties safe.

Determining liability

Because standards regarding winter weather hazard liabilities can vary by state, determining whether a property owner is liable for an injury caused by adverse winter conditions is not always easy. However, it is generally assumed that any time a property owner knew of a significant and abnormally severe hazard on his or her premises and did nothing to remedy the situation, he or she can be held liable for any resulting injuries. 

The following circumstances of a hazardous situation can have a bearing on any court decisions regarding liability:

  • Probability of injury
  • Potential severity of injuries caused by a given situation
  • Exertion required to remove the hazard(s) in question
  • Foot traffic in area in question

Liability of a snow removal company

Often, property owners hire outside snow removal companies to attend to any hazards caused by severe winter weather. An injured individual could be compensated by a snow removal company if it is determined that the company did not fulfill its responsibilities in ridding the premises of a significant hazard. 

Visit a site like http://www.putnamlieb.com to learn more about slip and fall cases and what you can do in your specific situation.

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