Online Legal Information

Accidents: 5 Deadly Sins That Could Wreck Your Injury Claim

Issues that Can Sink Your Case

Here are what I consider to be the Five Deadly Sins that can wreck your personal injury claim. These sins are based upon my experience and discussions with many judges and jurors.

1. The Client is Referred by the Lawyer to a Doctor

Local judges call this “service” the kiss of death to a claim. The problem is that jurors are highly suspicious of lawyers and doctors who have a referral relationship. While the client may not know how many of that lawyer’s clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor’s testimony will be when the jury finds out that he treated 50 patients from the same lawyer last year? Are there exceptions to this rule? Yes, there are. You may have a very special need for a doctor with a special expertise. It is perfectly legitimate for the attorney to make a suggestion or recommendation. If every client though, is getting referred to the same chiropractor or the same orthopedist, then that is a huge problem. (So beware of the attorney who has a stack of doctor/chiropractor cards in his office. You need to ask the right questions and fully understand the business relationship, if any, between that attorney and the doctor.)

2. Hiding Past Accidents From Your Lawyer

Once you begin a case, the other side will be interested in knowing how many past accidents you have been in. The reality is that they probably already know the answer or have easy access to that information. All insurance companies subscribe to insurance databases and often the only reason they ask you this question is to test your credibility. If you have been in other accidents, your lawyer can investigate this and make a determination as to whether this is a valid problem in your case or not. If you do not tell your lawyer, however and you misrepresent your accident history to this insurance company, then it is almost guaranteed that you will lose your case.

3. Hiding Other Injuries

It goes without saying that you should be upfront and honest with your attorney about any injuries that occurred before or after this accident. Again, if you saw a doctor or other healthcare provider, then there is a record in existence that the insurance company will find. Your lawyer can deal with this if he knows about it. If you lie about it, and the insurance company finds out, then your case is over.

4. Not Having Accurate Tax Returns

In most cases, a claimant will have lost income. You will only be able to claim that lost income if your past tax returns are pristine. Again, being honest with your attorney is the only way to be, because he or she can deal with the problem if they know about it.

5. Misrepresenting Your Activity Level

Insurance companies routinely hire private investigators to conduct videotape surveillance. If you claim that you cannot run, climb or stoop, and you get caught on videotape, you can forget about your claim. There is no explanation (other than “You got my brother, not me!”) that can overcome the eye of the camera.

Attorney Oginski has been in practice for 16 years as a trial lawyer practicing exclusively in the State of New York. Attorney Oginski decided he could best serve his clients by opening his own office for the practice of law in cases dealing with injured victims of medical malpractice and accident cases. As of September 1, 2002, Attorney Oginski has been a solo practitioner, and the name of his firm is: The Law Office of Gerald M. Oginski, LLC.” Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve. Consultations are always free and totally confidential.

Visit Gerry’s website and read free special reports on malpractice and accident law. Read the answers to 139 questions about injury law. Read actual testimony by real doctors in malpractice cases. Our website has had over 70,000 hits in the last 4 months. I guarantee there’s something there for you. oginski-law.com oginski-law.com

Personal Security - Help! My Wallet Was Just Stolen

Theft can happen anywhere, at anytime. You are out enjoying your day, then go to reach for your wallet to make a purchase and realize it’s just been stolen. After you make absolutely sure it has not been misplaced, what do you do?

Losing the money is not as hard and frustrating as losing your debit, credit, or social security cards not to mention your driver’s license, checkbook, membership cards and/or workplace id’s. Here’s what you do:

File a police report. First retrace your steps and recall as many details as you can about the event in your mind. Next, call the non-emergency number of the police department in the vicinity of your stolen wallet and ask for guidance. Unless you have been physically hurt as well it is best not to call 911, better still visit the local area police department and tell them you would like to file a police report. When finished remember to ask for a copy, this will be very important when trying to replace all your other items. Having a report number will also allow you to drive without your license for a time. If you are out of the country, contact the U.S. Embassy.

Replacing credit cards. Don’t wait take care of this as soon as possible. Make sure whoever lifted your wallet has not decided to go on a shopping spree at your expense. Calling the card companies will shut down your current cards, keep you from being liable for new purchases made and allow the credit card company to issue you a new card. The following are the phone numbers to the top 3 credit card issuers should you need to report a stolen card: American Express (800) 992-3404, MasterCard (800) 622-7747 or (800) 627-8372, Visa (800) 847-2911.

Replacing debit cards and checkbooks. Call your bank immediately, ask for loss and prevention. Emergency numbers should be located on your monthly statements as well as online at the bank’s website. It is advisable to take your police report and a picture ID or birth certificate, if you need to go to the bank to close, stop payments or open another account.

Replacing your driver’s license. In most states all you need to do is take two forms of ID (preferably your social security card and a birth certificate) to your local DMV office to apply for a duplicate license. In some cases you will need your police report, to pass an eye test, take a new photo and pay a fee. For state-by-state requirements just go to www.dmv.org then click on your state. You may even be able to apply for a duplicate online.

Replacing your social security card. Contact the nearest social security office to apply for a replacement card free of charge. However, it will be your responsibility to monitor your credit reports to make sure you don’t fall victim to identity theft. Check your social security records by calling 1-800-772-1213 or visit www.ssa.gov/ssnumber for more information. The best preventative measure is not to carry your social security card in your wallet unless you are applying for a job.

Replacing membership cards. If you lost a Sam’s Club or Costco card or maybe a gym membership or Blockbuster card, etc. in most cases taking your police report and explaining your situation will get you a new card free of charge or for a nominal fee, provided your membership had not already expired.

No one can predict or be responsible for the actions of another. Prevention and personal preparedness can go a long way to making a tedious, heart-breaking experience go as smoothly as possible. At www.ou.edu/oupd/lostwallet.pdf you will find a great Lost/Stolen Wallet Inventory and Emergency Checklist that you can print, fill out and keep in your home files.

So shake off the negativity, regain your personal security and get back to the joy of living your life as soon as you can.

For more thought provoking, informative articles and audios by Priscilla Parham visit => freeiq.com/priscillaparham freeiq.com/priscillaparham. Priscilla coaches on awareness and goal setting for your health, your business and your relationships, motivating others to rebuild from the inside-out.

NOTICE: Copyright 2007 - Priscilla Parham. Article(s) may be republished free of charge to relevant websites, as long as Copyright and Author Resource Box are included; and ALL Hyperlinks REMAIN intact and active.

Nation’s First National Computer Forensics Institute will be Located in Alabama

Computer forensics is becoming more mainstream in litigation and with the amendments to the Federal Rules of Civil Procedure on 12-1-2006, more cases will utilize these rules. With the expected increase in demand for qualified and trained law enforcement professionals, the first computer forensics institute has been announced and will be located in Hoover, Alabama. Construction of the facility is expected to begin by mid-April of 2007, with construction completed by January of 2008. Training is expected to begin in July 2007.

“With the ever-increasing prevalence of cyber crimes such as identity theft, computer hacking and online child pornography, it is absolutely essential that we equip our law enforcement personnel with the best training and equipment available,” said Governor Riley. “This center will make Alabama the nation’s leader in training our local, state and federal law enforcement to combat high-tech crimes. It will become America’s institution of excellence in the fight against cyber crimes.”

The Center is being funded though a cooperative effort by the U.S. Department of Homeland Security, the U.S. Secret Service, and state, county, and local governments. The State of Alabama is contributing approximately $3 million dollars to the Center, to be used for build-up expenses. The U.S. Department of Homeland Security is providing an additional $9 million dollars, and the U.S. Secret Service is providing 18 full-time agents to help staff the Center.

U.S. Secret Service agents will teach computer forensics and digital evidence to national, state and local law enforcement at the Center. These agents are in the field and understand the curriculum from a law enforcement perspective. It will include high-tech classrooms, a computer forensic lab, and public education exhibit space.

The Center is expected to train more than 900 law enforcement professionals each year.

Jason Perry

computerforensicsassociates.com Computer Forensics Associates is available to evaluate your situation. For more information on Computer Forensics Associates service, visit computerforensicsassociates.com computerforensicsassociates.com

Does The Police Department Have Ticket Quotas - Written By A Former Police Officer

I’m a former police officer. If you have not heard, I have written a book called, “Cop Out” ( isbn# 0-595-42543-7). It’s a true story about my life as a former police officer. My book tells it as I saw it. “Cop Out” speaks about a former police officer, who later became a fugitive from law enforcement for 22 years. My life as a fugitive is not a proud event in my life, but it was my life. In my previous article, you would have learned how to avoid traffic tickets when stopped by the police. If any of the readers wondered why I revealed so much information about how police officers operate, read my book.

To those of you who are not privy to my book ( available through amazon, yahoo and and through ordering at barnes&noble ) here is a brief note. I was a rogue police officer. I was a young arrogant cop, seeking power instead of fairness. I am ashamed that I dishonored the trust placed in my hands. But nevertheless, I must make sure that other rogue cops do not violate the citizens as I had done. Call it my gift to the world. Now to the subject at hand. Are there quotas? In all major cities, “No.” The reason is that a police officers’ salary is paid by that city’s tax base. That major city collects taxes from so many sources, all city employees are paid. If it’s a city with under 25,000 people, that is a different story.

In small cities, the tax base is not large. Therefore, there is an unwritten understanding with the chief of police and the city council to increase revenue to the city through traffic tickets and fines. At this point, unlike a large city, the police chief is placed under greater pressure to bring in funds. The chief becomes an instrument of politicians. The chief may not even realize that he is being used. So therefore, as you travel through major cities, don’t worry. But if you travel through a small city or municipality, slow down. Besides, the police officers in these cities have nothing to do but look for out of town drivers. In major cities, they have many more problems to tend to. Slow down, and arrive home safely!

Robert Davis is a former police officer. He is an avid reader of all subjects. His mission in life is to reveal police tactics and procedures to help fellow citizens with rogue cops. He studied at Loyola university. The foreword to his book is written by well known priest Father George Clements of Chicago. Father Clements life was made into a major motion picture title, The Father George Clements Story, starring actors Lou Gossett jr. and Malcolm Jamal Warner.

An Expert’s Escapade, a Cautionary Tale

Call it the case of the Renegade Expert. A federal judge’s 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order.

U.S. District Judge Jack B. Weinstein issued the injunction February 13th after an expert retained by plaintiffs in the litigation against drug manufacturer Eli Lilly & Company leaked documents concerning the anti-psychotic drug to the news media and others.

Despite having agreed in writing to be bound by the protective order, the expert conspired with a lawyer unconnected to the litigation to come up with a scheme for providing the documents to a New York Times reporter and others, Weinstein found.

The expert and the lawyer “deliberately thwarted a federal court’s power to effectively conduct civil litigation under the rule of law,” the judge said, and therefore “should be enjoined to deter further violations of this and other courts’ orders.”

The Alaska Connection

The complex series of events leading up to the order began in October 2006, when the Houston-based Lanier Law Firm, which represents plaintiffs in the litigation, retained Dr. David Egilman to serve as a medical expert.

Earlier, Judge Weinstein, with the consent of the parties, ordered internal Lilly documents sealed in what was designated Case Management Order No. 3, or CMO-3. The order permitted parties to share confidential materials with their expert witnesses, provided the experts agreed in writing to adhere to the order.

At the Lanier firm’s request, Egilman signed the written agreement to adhere to the protective order. Almost immediately, however, he began speaking with New York Times reporter Alex Berenson about how he could provide him with certain protected documents.

At Berenson’s suggestion, Weinstein found, Egilman contacted James Gottstein, a lawyer in Alaska unconnected to the Zyprexa litigation. Agreeing to help Egilman release the documents, Gottstein intervened in an unrelated Alaska case and immediately subpoenaed Egilman to appear for a telephonic deposition and to bring with him all documents in his possession relating to 15 drugs, including Zyprexa.

Egilman notified Lilly of the subpoena but not the Lanier lawyers who retained him. Before Lilly could respond, however, the Alaska lawyer obtained an ex parte order amending the subpoena to direct Egilman to provide the documents in advance of the deposition. Egilman informed neither Lilly nor Lanier of this amended order. (Upon learning of these events, the Lanier firm immediately discharged the expert.)

Plugging the Leak

On December 13th, Egilman began sending the documents to Gottstein electronically. Lilly learned of this two days later, but by then the lawyer had already started to forward them to Berenson and others. Lilly immediately informed the special master overseeing discovery in the Zyprexa litigation. He ordered Gottstein to return the documents. Gottstein replied that he had voluntarily stopped disseminating the documents after having been contacted by Lilly.

On December 17th, a series of articles based on the documents began to appear in the New York Times. Lilly and the Plaintiffs’ Steering Committee jointly petitioned the court for an injunction. After a preliminary injunction was issued on Dec. 29th, Judge Weinstein initiated a hearing on a permanent injunction.

In his order following that hearing, Weinstein made the injunction permanent against Egilman and Gottstein. He declined to enjoin any media outlet or Web site.

Weinstein was particularly harsh in his discussion of the expert. “Here, an expert hired by plaintiffs agreed in writing not to distribute documents sealed by court order,” he wrote. “He was given access to those documents so that he could assist plaintiffs – people suffering from serious disabilities, mental and physical – in pressing their civil suit against defendant, a major pharmaceutical company.”

In violation of his legal obligations, Weinstein wrote, the expert “deliberately violated this court’s protective order and published sealed documents, intending that they be widely distributed.” The judge noted that the expert “took particular pains to deny Lilly an opportunity to prevent the breach” by making the documents public before Lilly could act.

“Even if one believes, as apparently did the conspirators, that their ends justified their means, courts may not ignore such illegal conduct without dangerously attenuating their power to conduct necessary litigation effectively on behalf of all the people,” Weinstein wrote. “Such unprincipled revelation of sealed documents seriously compromises the ability of litigants to speak and reveal information candidly to each other; these illegalities impede private and peaceful resolution of disputes.”

This article was originally published in BullsEye, a newsletter distributed by IMS ExpertServices. IMS ExpertServices is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. We are proud to be the choice of 89 of the AmLaw Top 100. To read this and other legal industry BullsEye publications, please visit IMS ExpertServices’ recent articles.

Call us at 877-838-8464 or visit us at ims-expertservices.com ims-expertservices.com

Franchise Agreements and Refusal to Renew

When the franchisor signs a franchise agreement with a franchisee it is very much like the marriage only it has a specific infinite time period called a term. Upon the end of the franchise agreement period a franchisor and a franchisee may agree to continue their marriage and renew the franchise agreement or one or more parties may decide to go their separate ways. A franchisor may have good reason for not wishing to renew the franchise and franchise law predicts that without a good reason failure to renew could in fact create litigation.

However, if a franchisor states all possible reasons in advance that they were may not renew the franchise agreement with a franchisee in the initial franchise agreement, then the chances of litigation are lessened. Below is a copy of a clause that I used in both our master franchise agreements, as well as our individual franchisee agreements, which stated that conditions in which our company may choose not to renew;

1.3.3 Refusal to Renew

Notwithstanding the foregoing provisions, Franchisor will not be obligated to renew Franchisee’s rights to operate as a Franchisee of Franchisor if Franchisee has failed to satisfactorily comply with Franchisee’s duties, obligations and covenants during the preceding term or is then in default of any provisions of this Agreement. The determination of satisfactory compliance will be within the exclusive discretion of Franchisor in good faith. If Franchisor refuses to renew, Franchisee must continue to perform under this Franchise Agreement until its expiration.

Continuation. If Franchisee is in the process of transferring the Franchised Business at the time of expiration Franchisee may be allowed to continue to operate the Franchise with Franchisor’s express consent, following the expiration or termination of this Agreement. The continuation will be a month-to-month extension of this Franchise Agreement. Otherwise, all provisions of this Agreement will apply while operations continue.

——– ——— ———

Since this is an area of law in the world a franchising, which has been known to create a controversy so, any and all franchisors are well advised to speak to a knowledgeable and an experienced franchise attorney on the subject matter. I hope you’ll take my advice and seek legal and also consider all this in 2006.

“Lance Winslow” - Online WorldThinkTank.net/wttbbs/ Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World; WorldThinkTank.net www.WorldThinkTank.net/

What Are A Mother’s Rights When Her Child Is Taken From Her Care?

The main focus of this article is to determine what a mother’s right’s are when her child is taken from her care by protective services. My daughter was taken from me at the age of six-weeks old. I have not had my daughter in my care for thirteen months now and for a whole year I have been fighting to be reunified with my daughter. It all started in March of 2006. I had a live in boyfriend at the time and he was all the help I had at the time, being that I was a single mother and my daughter’s father didn’t want any responsibilities at the time. My ex-boyfriend was a great deal of help to me and my daughter. I didn’t need anything because he was there for me and my daughter and his mother was also helping us maintain our home. I worked and my ex-boyfriend didn’t work he basically periodically cared for my daughter while I was at work. My ex didn’t show any signs of anger, abusive behavior and any violence. Overall he was a loving man who helped me when I was in need.

It all started in March of 2006 when one day I had to work and I didn’t have anyone to babysit my daughter while I was at work. My ex-boyfriend agreed to care for my daughter until I returned home from work. I arrived at work at 10pm and then I recieved a phone call from home around 4:45pm in the evening. I answered the phone and my ex sounded histerical, he told me that my daugter was gasping for air so he had called the paramedics. I was very frightened being that I couldn’t stand the fact of being away from my newborn baby because I had to work but then something happens and I couldn’t be there to keep an eye on her because I had to work. I instantly left work and tried getting a ride home because the public transportation was too complicated. I lived on the west side of Detroit and I worked on the eastside. I arrived home that night when I finally decided to take public transportation because the person that I had contacted for a ride was did not arrive.

I arrived home around 10:30-11:00pm that night and my daughter was sleeping. I fix my daughter a bottle of formula and fed her. I layed he down to sleep around 12:00am. Thirty minutes later I heard my daughter began to cry so I went to pick her up to comfort her and when I picked her up she instantly vomitted. I paniced and called paramedics. When we arrived to the hospital my daughter weighted at 8 pounds, three ounces. The doctors examined my daughter and they diagnosed her with upper respiratory infection (viral cold) and they told me that my daughter was a little colic. I asked what I could do and the doctor stated just keep her wrapped in a blanket being that she was too young to take any medication. We were discharched from the hospital at 5:00am in the morning and I arrived at home around 6:00pm. I layed my daughter to sleep and she seemed to be not so well for the rest of the evening. I went to my mother’s house around 3:00pm and we stayed there for the rest of the evening. Around 11:45pm my daughter had a seizure I called the paramedics and they didn’t arrive until 20 minutes later. I took my daughter to the St. John Hospital and that is where she had another seizure in the E.R. The Doctors immediately did a CAT Scan of the head and the doctor came back and told me that my daughter had trauma to the head.

After the doctor told me what was wrong with my daughter the immediately took my daughter to the ICU (Intensive Care Unit). From that moment on I no longer had my daughter in my custody. I didn’t see my daughter until three months later and that is when my once a week for one hour supervised visitations were started. It has been 14 months since my daughter was last in my care and I’m still recieving supervised visits for only two hours once a week. My ex-boyfriend is incarcerated he turned himself in to the police in October of 2006 and is currently incarcerated. His release date is in 2008 because he took a plea bargan. I’ve moved into a two bedroon town home and I have nothing but a safe and loving environment for my daugter. I’m complying with my parent treatment plan but at the same time my worked does nothing but commit purgery in the court when she is explaining to the courts that I’m in non-compliance with my treatment plan. I have been fighting to be reunited with my daughter and I also have been fighting for my rights as a mother overall. I have been denied access to my daughter’s medical records, her birth certificate, social security card, medicaid card, I can’t consult with the doctors or get my daugter seen by another doctor for an second opinion. I feel as if the only right I have to my daughter is to see her once a week for only two hours.

I have been trying to find help but unfortunately I don’t have much money. I’m a 21 year old single mother and I work a full-time job that takes care of my bills and my daughter. I don’t have any help neither am I being heard. I’m just asking when a mother’s child has been wrongfully taken from her care what rights does she have as a mother? What can she do pertaining to her own child?

I feel that the court system should be fully looked into to avoid such grief, pain and sufferings that many families all over the world go through and to avoid families being torn apart wrongfully. Hopefully one day a change can come and families will be reunited. I strongly believe in protecting children from harm but I disagree with the system and protective services when it comes down to them wrongfully tearing families apart.

Selecting The Right Hawaii Mediator

As most Hawaii Attorneys know, mediation has become a very effective litigation tool in Hawaii. Although mediation is practiced throughout the United States, the people of Hawaii, with their unique cultural history, seem particularly well-equipped to effectively use mediation. Although I was trained to practice law in New York, I moved to Hawaii in 1993. I have personally observed that Hawaii has a strong preference to mediation and that some of our finest jurists actively participate in this process.

For those unfamiliar with this practice, Mediation is a device in which parties to a dispute agree on an impartial third person who guides the litigants to a settlement using various negotiation and/or communication techniques. Although Mediation may serve several purposes, the overall goal is to assist the parties to find a way to solve their own problems.

The selection of the mediator is critical. Parties should look for the following factors in a mediator:

1. The mediator has no conflict of interest. Obviously, if the mediation is to succeed, the litigants have to be able to rely that the mediator is completely unbiased and is attempting to guide them to a fair resolution of their dispute.

2. The mediator has adequate time to devote to the case. In Honolulu, some of the most talented mediators must be retained months in advance. If the potential mediator does not have time to devote to your case, find another mediator.

3. The mediator should be able to meet the parties’ expectations with regard to timing. Some cases absolutely must be resolved immediately. Counsel should take this into consideration when selecting a mediator.

4. The mediator should be completely candid and honest with all aspects of the process. If the potential mediator neglects to tell you about an important conflict until the mediation has begun, you may need a new mediator.

5. The mediator must be qualified. The goal is to settle the dispute. It does not necessarily aid the process if the mediator is a friend of all of the lawyers. The mediator does not have to be your friend. His or her job is simply to find a way to settle your case.

Finally, the litigants should understand that if a mediation is to be successful, they must be willing to compromise. If you want to “crush” your opponent, you won’t do it in a mediation. If you are not prepared to compromise, you may not be ready to mediate.

Hawaii trial attorney Philip R. Brown has the highest legal ability/ethical rating in Martindale-Hubbell and may be found in the Bar Register of Preeminent Lawyers under the subject matters Civil Trial Practice, Commercial Litigation, and Personal Injury. His website is hawaii-attorney.net hawaii-attorney.net

DUI (Driving Under the Influence) or DWI (Driving While Influenced) Consequences

A DUI/DWI (Driving Under the Influence/Driving While Influenced) is a serious driving violation which can carry hefty financial and long-lasting legal consequences. While the intent of this article is not to provide free legal advice, it will outline the general proceedings and potential consequences of receiving a DUI/DWI ticket or being involved in a DUI/DWI accident.

Legal advice will be state specific and is best sought after by consulting with a lawyer familiar with DUI/DWI cases in your state. An experienced DUI/DWI lawyer might be able to get your case dismissed completely, or get your sentence reduced if you are convicted. A lawyer can determine if your constitutional rights were violated and if the arresting Officer followed protocol.

WHEN YOU GET PULLED OVER BY A POLICE OFFICER FOR DUI

If an Officer has reason to suspect there is a problem, he/she may pull you over to investigate and make sure you are not driving under the influence. In some cases, you may have swerved to avoid a pothole or maybe you took your eyes off the road for half a second to change the radio station and you weaved over the double yellow line. Regardless of the circumstance an Officer is required to pull you over and execute several tests to ensure your safety and the safety of other drivers.

FIELD SOBRIETY DUI TESTS

The first sets of tests, called Field Sobriety Tests, were developed to test your coordination and balance. They are the Horizontal Eye Test, the Walk and Turn test, and the One Leg Stand. Each of these tests is designed so that a sober person will be able to pass without a problem.

While they do not provide the Officer with a specific blood alcohol level, they do allow the Officer to pass judgment on your ability to operate a motor vehicle. Some individuals, such as those with a physical handicap or the elderly, will naturally be unable to perform these tests and an Officer will then rely on the Breathalyzer to make his/her decision to arrest you.

HORIZONTAL EYE TEST BY OFFICER FOR DRINKING AND DRIVING

During the Horizontal Eye Test the Officer will ask you to follow his/her finger using only your eyes and not moving your entire head. A sober person (assuming no physical or age impairments) will have no problem with this exercise, but someone who is intoxicated will display abnormal eye jerking. Based on his/her findings the Officer will shine a light into your eyes and check pupil dilation.

WALK AND TURN DUI TEST

The next test will be the Walk and Turn. There needs to be a flat surface for the Officer to request this test, and you must demonstrate the ability to walk at least nine heel to toe steps before turning around and returning to the Officer. Again, if the road surface is not flat and the Officer cannot draw a straight line on it for you to follow, this test should not be performed because the outcome will be skewed in favor of your arrest.

ONE-LEG STAND DRINKING AND DRIVING TEST

The One-Leg Stand also requires a level surface. You will be asked to stand on one leg for a short period of time with both hands at your side, and then you will have to switch legs. It is important that all these tests are performed since a physical or age impairment may skew one or all of the outcomes.

Once the Officer determines you are intoxicated based on these tests you will be asked to take the Breathalyzer test. You will breathe into the Breathalyzer and it will compute your blood alcohol level. In all states you are considered legally intoxicated if your blood alcohol is 0.08 or higher, and only 0.02 if you are under the age of twenty-one. If you fail the field sobriety tests and the Breathalyzer you will be read your rights and arrested. You must remain in jail until someone posts bail and you receive a court date for sentencing.

LEGAL ORDER OF PROCEEDINGS INVOLVING DUI TICKETS:

1. Preliminary Hearing 2. Arraignment 3. Trial by Jury

After the initial arrest, you will be given a Preliminary Hearing date so that a judge may review your case and determine if there is sufficient evidence for the case against you. Very rarely is there not sufficient evidence against you and the next court date will be for your arraignment. During the arraignment you will hear all the charges against you and be asked to enter a plea of “guilty” or “not guilty”.

SEEK AN EXPERIENCE DUI LAWYER

It is imperative for you to have an experienced DUI lawyer to guide you through the proceedings and help clarify the severity of charges brought against you. Depending on the circumstances of your case, you can request a trial by jury if you believe you are innocent and do not accept the options offered during the arraignment.

Requesting a trial by jury can be very complicated since witnesses and experts will be called upon to testify for and against your case. If you choose to take this route your attorney should have appropriate experience in DUI cases to help reduce your sentence or have your case dismissed altogether.

CONSEQUENCES OF A DRIVING UNDER THE INFLUENCE

There can be serious consequences for being issued a DUI ticket and these consequences will increase in severity depending on how many similar offences you have had and if your violation included a DUI accident. A DUI ticket is considered a misdemeanor and will stay on your permanent driving record forever, while a death resulting from a DUI accident is considered manslaughter and is a felony.

Punishment for driving under the influence is mainly state specific, although the following are generally included in your sentence:

1. Fines: Each state will differ in the dollar amount of your ticket. In Texas, a first-time offender may pay up to $2000 and repeat offenders may face fines up to $4000. In Florida, first time offenders are subject to a maximum $500 fine and repeat offenders may pay up to $1000.

2. Suspended License: Most states will suspend your license for up to one year for the first offense, and states such as Connecticut will revoke your license after the third offence. It may be possible to obtain a Conditional License for commuting to work but this is conditional on your individual case.

3. Adding Points to Your License: This will invariably increase your insurance premium for a period of time determined by the individual companies.

4. Drug Programs/Classes: Most states will require a twelve-hour DUI education course for first-time offenders. Repeat offenders sentenced to parole may also be required to complete a 30-day drug rehabilitation program.

5. Community Service: You may be required to perform community service as part of your sentence. Some states, such as Texas, put a limit on the number of hours required. In addition to the mandatory fifty hours of service, Florida offers the option of paying ten dollars for each additional hour required to satisfy the sentence.

6. Some states are now using an ignition interlock device which require the driver to breathe into the device prior to starting the vehicle. Failing this Breathalyzer will lock the ignition in your car and you will be unable to drive it for a period of twenty-four hours.

In addition to seeking a lawyer with DUI experience, if you have valuable assets such as your house or stocks and bonds then you may also seek professional asset protection for your estate and belongings. An accident caused from drinking and driving may have civil consequences and, consequently, severe financial loss of your personal and family’s estate. For further assistance please seek a qualified attorney and estate planner specializing in asset protection such as Estate Street Partners.

author bio - Rocco Beatrice, CPA, MST, MBA
award-winning estate planning, trust expert
MS - Taxation, Master of Science Taxation
MBA - Management / Taxation
BSBA - Management / Accounting
CPA - Certified Public Accountant
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Why You May Need a Mesothelioma Lawyer and What to Look For If You Do

A mesothelioma lawyer is a lawyer that deals in cases involving clients who have or may get mesothelioma cancer. In case you don’t know mesothelioma cancer is an extremely rare yet fatal form of cancer caused by prolonged exposure to asbestos. Typically most people who develop mesothelioma cancer are those who had jobs in asbestos related fields.

This means that the vast majority of people who have have developed mesothelioma cancer may be entitled to some form of financial compensation. This is where a mesothelioma lawyer comes in. They will be able to determine if and how much money you and your loved ones may be entitled as a result of negligence of certain companies.

Now many people are unsure about hiring a mesothelioma lawyer because they feel it is somehow wrong to seek compensation as a result of a disease. Now I certainly sympathize with this view. Anybody who has had to go through the pain and suffering of mesothelioma cancer or seen a loved go through it knows how painful it can be.

However, the thing is that in the United States some asbestos and a few other companies have put aside billions of dollars to deal with compensation claims that resulted from their negligence. A mesothelioma lawyer will be able to determine if you are entitled to these funds of not. Thus, it is your right to determine how much, if any, compensation you should be getting.

Before choosing a mesothelioma lawyer though I have a few things you should consider. The most important thing should be their background and experience. How many cases such as yours have they dealt with? Did they go to court or were they able to avoid it? These are important thing to consider.

Closely related to this is their track record in terms of winning and financial compensation received. Not only do you want a mesothelioma lawyer who has a proven track record of winning but one that is able to get the maximum amount for you. To cover your medical expenses and other related costs you want to make sure you get every penny you are owed.

Also, you will want to consider the lawyers fees. Some will ask to only get paid if they are successful but that will mean giving up more of your settlement compared to paying an upfront fee. Your situation and state of residence will determine how you pay for your mesothelioma lawyer.

Finally, you want a mesothelioma lawyer who will work with you and will understand your situation. This is a very difficult time for you and your family and you want a lawyer who understands that. Remember, any lawyer promising things that are too good too be true is probably not legitimate. Look instead for someone who can achieve realistic goals and help you through this difficult time.

Ian Wright is not a lawyer but writes about many legal issues on his websites. Moreover, he want people to be properly compensated for their mesothelioma cancer and other related asbestos cancers. For more on this topic please visit his sites: mesothelioma-lawyer-information.com/ Mesothelioma Lawyer and
mesothelioma-lawyer-information.com/Florida-Mesothelioma-Lawyer.html Florida Mesothelioma Lawyer.