The Law: My First True Love

Two Defenses That May Help You Avoid Being Convicted Of DUI

Defending against a DUI charge can be challenging, especially if the prosecuting attorney has evidence that appears to support his or her case (e.g. breathalyzer readings). However, there are a number of defenses that can be employed to help you avoid being convicted of the crime or that may result in you being convicted of a lesser charge. Here are two DUI defenses that could possibly help your case.

Medical Condition

One defense that could help you avoid a DUI conviction is showing you have a medical condition that either only made it appear you were intoxicated or significantly skewed the results of any tests you were required to take to show how intoxicated you were. For instance, diabetes can cause a person to appear to be drunk due to the effects of low blood sugar levels and has been known to negatively influence breathalyzer readings because the person’s body produces acetone, which the breathalyzer records as alcohol.

Using this defense effectively involves producing medical records showing you were diagnosed with the condition and how it impacts your body. For instance, it can be difficult for people with COPD to blow into the breathalyzer machine properly due to reduced lung function. This can lead to a false reading. Producing a note from your doctor discussing your diagnosis may be enough to get the reading thrown out and the case dismissed, if that was the prosecutor’s strongest piece of evidence.

Extenuating Circumstances

Another possible defense to the DUI charge is to show there were extenuating circumstances in your case that essentially required you to drive while intoxicated. For instance, if you were about to be a victim of a crime and the only way to get out of the situation was to drive a vehicle, then the court may take that into consideration when determining whether to continue with the case or not.

With this type of defense, the circumstances would have to be pretty compelling. Additionally, you may be required to show proof of what occurred that led to you driving intoxicated even though you knew it was illegal. For example, regarding the previous example, you would need to produce a police report supporting your story. Even if you’re not able to avoid a conviction, the court may opt to reduce your sentence based on the nature of the extenuating circumstances.

For more information about possible DUI defenses or assistance with handling a case, contact a criminal law attorney.

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Who Is Liable For Prescription Drug Overdose Deaths?

The word “drug” has developed a negative connotation over the decades. Illegal substances typically leap to mind, but the term “Drug Store” can conjure images of relieving cold medicine and painkillers.

Legal or illegal, any drug can be deadly if taken in excess. When it comes to elicit and illegal drugs, blame is usually easy to assign. When it comes to prescription drugs, however, the question of who is liable becomes difficult to answer.

The Facts

Keep in mind the differences between over-the-counter and prescription drugs. Over-the-counter drugs are drugs that can be purchased like any item in a store, with no license or permission.

The issue with prescription drugs is that they require authorization from a doctor and distribution from a pharmacist. As with anything, the more parties involved, the more complicated things get.

The Issues

Doctors have a duty to protect their patients, which sometimes requires issuing a drug that can be dangerous if abused. There are a number of factors to consider; is the drug consistent with the patient’s medical condition, how much should be given, could the drug be used for illegitimate purposes, and so on.

The question of who is liable could very well depend on individual situations. For example, if a doctor knows that a patient has a history of addiction, yet issues something like OxyContin, the doctor will most likely be found guilty of negligence. However, if that same patient is legitimately suffering from severe pain and, even after consulting the family, the doctor prescribes the drug anyway, liability could shift.

The Truth

Unfortunately, the only certainty is that overdose from prescription drugs is becoming a more pressing issue in America as people drown in prescription drugs and the culprits could very well be Americans themselves. Arguably, this culture has become more and more fixated on having everything instantly, which includes cures.

At times, a patient may want a drug for a problem that was caused by another drug. Blaming big business has grown easy, and there are some who like to blame pharmaceutical companies due to the large kickback they get from sales. As Forbes contends, many blame the pharmaceutical industry for the current heroin epidemic in the United States.

If you or a loved one has suffered from an accident related to prescription drugs, the best thing you can do is consult with a lawyer. When the offender could be anyone from the doctor to the pharmacist to the patient themselves, professional advice is always recommended. Visit http://www.vanblk.com for more information.   

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Proving Your Pooch Did Not Bite Someone

If you received word that your dog is being blamed for biting someone as they walked past your property, and you know for sure that they did not cause this injury, you will undoubtedly want to clear their name from any wrongdoing. The person who had become injured will most likely press charges against you in an attempt to receive compensation to pay for their medical bills. If however, your dog wasn’t the one that had caused this injury you will need to rely on an adept lawyer and some wit to clear your dog’s reputation in a court of law.

Rely On Surveillance To Prove Innocence

If you already have cameras on your property, you will have footage available to show to a court of law proving your dog’s innocence in the entire matter. If however, it is your word against another person’s word, you can try setting up surveillance cameras on your property to show how your dog responds to people when it is alone in your yard.

Taping your dog to show their demeanor when being confronted by both people they know and strangers, can be beneficial in show the response they have in most situations. You can have someone provoke the dog slightly to see if they respond in a defensive way as well. This information can be analyzed by a pet behaviorist to help prove your dog’s personality would not be one likely to end in an attack.

Retain Documentation About Your Dog’s Personality

Having professional opinions regarding your dog’s personality can help prove they are not trained to attack or that they display signs of aggression. Take a trip to your dog’s veterinarian to have a full physical done and have the doctor give you documentation showing they do not display unfavorable patterns in they way they handle situations. Consider bringing your dog to a training program to get a professional opinion on your dog’s behavior from a trainer.

Get accounts from the people your dog sees regularly as well, including those who stop by the home only periodically, as this will show your dog is not spooked by those it comes into contact with only once in a while. Neighbors are also great witnesses and they may have seen something suspicious during the time of the incident that proves they had inflicted the injuries on themselves in some other manner in an attempt to get monetary compensation.

Rely On Your Attorney To Lead You In The Right Direction

Having a reputable attorney to represent you and your dog in a court of law is the best way to ensure a positive outcome. It is difficult to prove whether a dog is at fault without having proper representation. A lawyer, like LeBaron & Jensen, P.C., seasoned in previous dog bite cases will know the specific laws for your state, helping you to come up with a plan of action to use in proving your dog’s innocence. They will use past cases to their advantage in coming up with an angle to prove the charges are unjust, helping you to obtain a cleared name of any wrongdoing as a result.

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Divorce 101: 3 Tips To Prove That Moving Is Worth It

A divorce is often a transition period in life. With it might come new opportunities in other cities or states. Unfortunately, moving with children during a divorce can be tricky. If you cannot work out an agreement with your spouse, you might be required to attend a court hearing.

While this might sound scary, it isn’t necessarily a reason to fret. During this hearing, you’ll just need to prove that the move will benefit both you and your children. So how can do you this? Here are three tips:

1. Better Financial Opportunities

Moving to improve your financial situation is a valid reason. Unfortunately, you will need to prove this to the court. The best way to do this is to gather all information you can about your new position and present it. Ideally, have documents handy that state your new salary. If you have a contract with your new job, you should bring that as well. These documents will prove to the court that moving is beneficial to you, your children, and your family.

2. Improved Support System

Undergoing a divorce without a support system can be devastating. Without a good support system in place, you might wind up missing important moments in your child’s life. You might also struggle to make ends meet. Fortunately, moving to be closer to family is a valid reason that most courts will recognize. While you might have to argue, there are several good points you could bring up such as improved child care, family assistance, and better family relationships.

3. A Fresh Start

Another valid reason to move after a divorce is to get a fresh start. Whether the divorce was messy or you simply have ties to the area you are living, moving to get away and start fresh is a valid reason. However, you will need to prove to the court that the move will be beneficial. There are a number of ways you can do this, but some good reasons include great community activities, better jobs, improved medical facilities, or even better schools. All of these can be used to argue your case that moving will be good for both you and your children.

As you can see, there are several good reasons to move after a divorce. While proving that a move will beneficial can be tough, it’s not impossible. With these tips and a skilled divorce attorney, such as Kenneth J. Molnar Attorney, you can prove to the court—and your spouse—that moving will be good for everyone involved.

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4 Steps To Take After You Slip And Fall In A Convenience Store

A quick trip into a convenience store to pay for gas or purchase a snack can become a disaster if you slip and fall inside the store and are injured. If negligence on the part of the store caused the accident, you may be entitled to a financial settlement to pay for your medical bills and lost wages due to missing work because of your injury. In some situations, you may also be awarded money to compensate for any pain and suffering the injury caused you. But if you want to get the settlement that you deserve, you need to be diligent. Take the following steps after you are injured in a slip and fall accident at a convenience store:

Document the Scene of the Accident

The camera on your cell phone is a great resource after you slip and fall. Take numerous photos of the area, both wide shots and close ups. If you slipped on a floor that had just been mopped but there was no wet floor sign in the area, you want to document that. Same goes for spilled soda or flooring that was in disrepair. The more detailed photos you can get that show what caused your slip, the better. These photos can serve as important evidence to help prove that the convenience store was responsible for your fall. 

Notify the Manager on Duty

After falling in a convenience store, it is important to notify the manager on duty of what happened so he or she can fill out an incidence report. This report will document all of the details of what happened, including the date, time, and what caused your fall. Make sure you do not leave the store without a copy of the incidence report for your own records.

Go See a Doctor

A slip and fall accident can case serious injuries all over your body, so it is important to see your doctor as soon as possible after the accident so you can get treatment. Medical care is very important for your recovery, and your medical records from the visits may also be considered when it is time to discuss your settlement from the convenience store’s insurance company.

Contact a Personal Injury Lawyer

Settling slip and fall accident cases can be quite complicated, since you have to prove that the store was negligent. It is in your best interest to hire an experienced personal injury lawyer if you want to get a fair settlement. Your lawyer will be able to build up a case proving that the store was at fault by using your photos, the incidence report, and video of the fall if it was captured by a surveillance camera. After your lawyer proves fault, he or she will have the skills needed to negotiate on your behalf to secure a good settlement. 

For more information, talk with a personal injury lawyer or visit websites like http://robertkanerlaw.com.

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Types Of Child Custody And What It Means For Each Parent

If you are in the middle of a divorce and children are involved, you and your former spouse are going to have to come up with a custody arrangement that works for both of you. Depending on the living situation of both parties, and the ability of both parents to provide adequate care, a parenting plan will need to be created. If the children are older, their wishes should be taken into consideration as well. Whether you share physical custody and equal parenting time, or you have visitation every other weekend, a parenting plan should address all custody and visitation issues regarding the children.

Shared Legal and Shared Physical Custody

When both parents share physical and legal custody, both parents are responsible for making major decisions for the children. In general, both parents will share equal parenting time with the children, and both parents will be responsible for getting the children to school, to medical appointments, and will provide for their overall well-being. This type of custody arrangement works well when parents share similar ethics when it comes to raising the children, and they are able to make decisions amicably.

Shared Legal and Sole Physical Custody

Shared legal custody means that both parents are legally responsible for the children, but the parent with sole physical custody spends more time parenting the children. This can be a workable arrangement for parents when they want to keep the children in a particular school district, or one parent wants to move. Both parents still share legal responsibility for the children, and the parent without physical custody can have liberal visitation with the children. This type of arrangement is helpful when there are young children, and they are remaining in a family home with one parent. 

Sole Legal and Sole Physical Custody

When a parent is granted sole legal and sole physical custody of the children during a divorce, this is generally due to an inability to parent the children. Whether the parent is incarcerated, missing, or otherwise unavailable, sole legal and physical custody means that the parent with the custody makes all of the decisions regarding the children. The parent with sole physical and legal custody is responsible for the day to day care of the children, and for providing for all of their needs. 

If you are in the middle of a divorce and you are sure what type of custody to pursue, it’s time to sit down with a child custody lawyer to discuss your options.  

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Child Custody And The Best Interest Of The Child

If you and your former spouse cannot agree on what is best for your minor child, the family court will be forced to step in and make the decision for you. While it is always best for parents to get along well enough to work issues like this out before going to court, sometimes a judge’s decision is necessary. Judges use several factors to determine who should get custody, but chief among those factors is the “best interest of the child” guideline. A good understanding of what this means to your child custody case is vital, so read on to learn more and be prepared for the outcome.

Relationships

Even when you and your spouse cannot agree on child custody, the judge takes a careful look at how well you can function together to make any custody agreement work. A key indicator of good parenting is how likely that parent is to foster a good relationship between the child and the non-custodial parent. Parents who resort to name-calling, dramatic emotional outbursts, and manipulation don’t win any points with the judge. Judges are instead looking for a mature, thoughtful, and emotionally well-balanced parent to take physical custody of the child. Judges often gravitate toward the more level-headed parent, assuming that parent will be more likely to take the best interest of the child into consideration.

The Family Home

While it may not seem fair, the parent who retains the family home is often given more consideration over the other parent. Divorces are extremely disruptive to children, and moving from a familiar home and neighborhood only adds to the burden that child must bear. For the parent not awarded the home or if both parents are leaving that home, ensure that the new home is safe and appropriate for your child. While a friend’s offer to let you sleep on their couch may save you some money, it is not very likely to be appropriate for your child.

Age of the Child

In the past, babies and young children were almost always placed with their mothers. Nowadays, however, judges no longer routinely place those children with the mother, since both parents are more likely to work outside the home and gender stereotypes about who makes a better parent have largely disappeared. That said, the statistics still demonstrate a bias against placing children with fathers.

Consult with your divorce attorney for more information about how child custody is decided and to ensure that you understand how using the “best interest of the child” edict can lead to a successful custody bid. Go to sites like this for more information.

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