Even though a simple decision to refrain from driving when intoxicated can keep you out of DUI entanglements, a lot of people find themselves wishing they knew more about DUI laws when they are pulled over and arrested for drinking and driving.
Being arrested doesn't necessarily mean you have to be convicted of the crime though. After all, in our justice system, every person is innocent until proven guilty. Unfortunately, you usually only have a couple days after your citation to appeal for a court hearing. If that grace period passed without an appeal, no amount of complaining will get you a trial date or prevent your license from being suspended.
If you do appeal for a hearing in time, the next step is to locate an experienced DUI lawyer. You will want a lawyer on your side not only because they are more familiar with litigation than the average person on the street, but also because they should know DUI laws inside out. And, since those laws can be confusing and different from state to state, that will be a valuable asset.
A DUI lawyer will also know the best ways to create reasonable doubt in the minds of jurors. No matter what kind of evidence is brought against you, a good lawyer should be able to find areas where your defense can be built.
For example, there are four kinds of evidence that prosecutors usually bring to the fore in DUI cases and a lawyer can combat each type of evidence. The four categories of evidence are physical appearance, driving behavior, the alcohol content in your body and your performance on sobriety tests. A DUI lawyer may point out that fatigue, allergies, or exposure to smoke were the factors that created your red-rimmed watery eyes instead of alcohol. Or he might argue that you swerved a little on the road because you were dodging an animal in the road or fiddling with the radio. He may even contend with the results of a breath or blood test by pointing to equipment and human inaccuracies that could have skewed the results.
No matter which method you lawyer chooses to build your defense, he will be a useful resource in a U.S. court. When you are looking for a good DUI lawyer, you should remember that DUI laws are called by several different names across the country. Consequently, a DWI, OUI, and an OWI lawyer is the same thing as a DUI lawyer. They just go by different names.
Wednesday, May 28, 2008
Tuesday, May 27, 2008
Personal Injury Accidents In Supermarkets
Have you been the victim of an accident at a supermarket? Have you been offered a couple hundred pounds for compensation? Or, did they offer you a bunch of flowers and some vouchers to exchange for items in their own store?
This practice is more common than you think. And a lot of the victims are older people of pension age. They are on their pension and usually have no resources to instruct solicitors. Or if they do they are worried that this will deplete their life savings. So they settle for what the insurance company offer to them which in a number of cases amounts to an apology, a bunch of flowers and some vouchers.
These are in most cases loyal customers at the store who have spent thousands of pounds over the years which contributed to the huge profits recorded by some supermarkets. If you are reading this article and you recognize this scenario as happening to you or a relative then you should take steps to prevent this type of victimization.
For a start you are entitled to proper and adequate compensation from the supermarket for your injuries. If they wish to give you roses and apologize then this should be in addition to adequate compensation in the first place.
You are probably being given the run-around following your accident. Make sure full details of the accident are recorded in the 'Accident Book'. Obtain the names and addresses of any other customer to your accident.Write a formal letter of claim to the Manager at the supermarket and keep copies of all your correspondence.
Visit your GP and report your injury so that there are medical records of the nature and extent of your injuries. Take photographs of any bruises which usually show up a few days after the accident. If you receive physiotherapy treatment keep receipts for each session of treatment to reclaim these expenses.
If you visit the hospital keep receipts of travel expenses. As for the amount of compensation to expect for your injuries that will depend on the nature and extent of the injuries you sustained. The level of compensation will increase where there are any fractures. Usually these take some time to heal and sometimes the injury can be very serious such as a hip fracture or fracture of the coccyx. The latter injury can be very painful and occurs in slipping accidents where you fall on your bottom.
Your claim could arise from an accident in the supermarket car park. You will be able to establish liability if there is a tripping hazard such as potholes and if you can establish that there has been a failure to maintain the car park.
However, most accidents will involve slipping on wet floors within the supermarket itself. This usually results from spillages such as water or liquids on the floor. Again, the supermarket should be able to show they have a system of cleaning and maintenance to avoid liability.
Your claim for personal injury compensation should be handled by the supermarket's public liability insurers. You are entitled to obtain details of their insurer to make your claim. Don't settle for flowers and vouchers for your injuries from the supermarket.
If you need more information on how to set-up and progress your personal injury claim you are recommended to take a look at my book "The Personal Injury Claims Guide for DIY Claimants" at www.personalinjuryclaimsguide.com
This practice is more common than you think. And a lot of the victims are older people of pension age. They are on their pension and usually have no resources to instruct solicitors. Or if they do they are worried that this will deplete their life savings. So they settle for what the insurance company offer to them which in a number of cases amounts to an apology, a bunch of flowers and some vouchers.
These are in most cases loyal customers at the store who have spent thousands of pounds over the years which contributed to the huge profits recorded by some supermarkets. If you are reading this article and you recognize this scenario as happening to you or a relative then you should take steps to prevent this type of victimization.
For a start you are entitled to proper and adequate compensation from the supermarket for your injuries. If they wish to give you roses and apologize then this should be in addition to adequate compensation in the first place.
You are probably being given the run-around following your accident. Make sure full details of the accident are recorded in the 'Accident Book'. Obtain the names and addresses of any other customer to your accident.Write a formal letter of claim to the Manager at the supermarket and keep copies of all your correspondence.
Visit your GP and report your injury so that there are medical records of the nature and extent of your injuries. Take photographs of any bruises which usually show up a few days after the accident. If you receive physiotherapy treatment keep receipts for each session of treatment to reclaim these expenses.
If you visit the hospital keep receipts of travel expenses. As for the amount of compensation to expect for your injuries that will depend on the nature and extent of the injuries you sustained. The level of compensation will increase where there are any fractures. Usually these take some time to heal and sometimes the injury can be very serious such as a hip fracture or fracture of the coccyx. The latter injury can be very painful and occurs in slipping accidents where you fall on your bottom.
Your claim could arise from an accident in the supermarket car park. You will be able to establish liability if there is a tripping hazard such as potholes and if you can establish that there has been a failure to maintain the car park.
However, most accidents will involve slipping on wet floors within the supermarket itself. This usually results from spillages such as water or liquids on the floor. Again, the supermarket should be able to show they have a system of cleaning and maintenance to avoid liability.
Your claim for personal injury compensation should be handled by the supermarket's public liability insurers. You are entitled to obtain details of their insurer to make your claim. Don't settle for flowers and vouchers for your injuries from the supermarket.
If you need more information on how to set-up and progress your personal injury claim you are recommended to take a look at my book "The Personal Injury Claims Guide for DIY Claimants" at www.personalinjuryclaimsguide.com
What is a Hate Crime
Our society is truly a melting pot of various people with different ideas, religions, cultures, races,tribes and many unique attributes that makes for a very dynamic society. Some believe that this very diversity is what makes the U.S. great, some believe the opposite. What is true is that this diversity creates many challenges and often great conflict. As result over time laws have been enacted to discourage unreasonable behaviors. California has enacted not only anti discrimination laws, but also hate crime laws. Other others states have done likewise.
During the last few years there has also been a very strong anti immigrant sentiment that often leads to not only discrimination against individuals because of their perceived ethnicity or nationality, but often the strong anti-immigrant sentiment leads to crimes perpetrated against these individuals. These types of crimes are considered to be of a greater magnitude and the punishment is much more severe than punishment for other crimes. Essentially a crime becomes more severe when the victim is a member of protected class. These types of crimes are classified as hate crimes.
A hate crime is defined as a criminal act that is committed because of the perpetrators perceived characteristics in the victim, when the perceived characteristics are from one of the following categories: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation or association with any person or group that any one of these characteristics. It is also a hate crime when the act involves damaging property or using force or threats of violence to interfere with someone else's rights because of the perceived characteristics. It does not matter if the victim actually has the perceived characteristics or not. After 911 for example anyone that dressed in an unusual manner was a target for acts of violence. This included not only Arabs, but also Indians and just about anyone that wears religious attire commonly associated with Muslims. An act of violence perpetrated against someone that is a Muslim is not a hate crime in itself, but perpetrating a crime against a Muslim on the grounds that the person is a Muslim would be a hate crime.
Hate crimes include physical assault, attempted physical assault, and the threat of assault. Crimes motivated by the bias towards a member of the protected class are also considered hate crimes.
Threatening violence and including specific terms that identify the person as a member of the protected class would be sufficient to constitute a hate crime.
The civil penalty for hate crimes may be as much as $25,000 in addition to other personal injury remedies. The perpetrator of a hate crime can be jailed and fined. If the crime is a felony the judge has the discretion to add an additional 2 year sentence to the jail term. The court also has the power to order restitution for actual damages and losses including medical bills.
The victim does not have to let the acts escalate to the point of actual physical harm and has the right to request a restraining order, once there have been threats of injury or property damage that is motivated by the perpetrators bias. The victim does not have to be a member of the protected class for the crime to occur. The perpetrator only has to perceive that the victim is a member of the protected class. If the perpetrator yells slurs of homosexuality to the victim because the perpetrator perceives the victim to be homosexual, but in fact the victim is not homosexual the crime has taken place.
During the last few years there has also been a very strong anti immigrant sentiment that often leads to not only discrimination against individuals because of their perceived ethnicity or nationality, but often the strong anti-immigrant sentiment leads to crimes perpetrated against these individuals. These types of crimes are considered to be of a greater magnitude and the punishment is much more severe than punishment for other crimes. Essentially a crime becomes more severe when the victim is a member of protected class. These types of crimes are classified as hate crimes.
A hate crime is defined as a criminal act that is committed because of the perpetrators perceived characteristics in the victim, when the perceived characteristics are from one of the following categories: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation or association with any person or group that any one of these characteristics. It is also a hate crime when the act involves damaging property or using force or threats of violence to interfere with someone else's rights because of the perceived characteristics. It does not matter if the victim actually has the perceived characteristics or not. After 911 for example anyone that dressed in an unusual manner was a target for acts of violence. This included not only Arabs, but also Indians and just about anyone that wears religious attire commonly associated with Muslims. An act of violence perpetrated against someone that is a Muslim is not a hate crime in itself, but perpetrating a crime against a Muslim on the grounds that the person is a Muslim would be a hate crime.
Hate crimes include physical assault, attempted physical assault, and the threat of assault. Crimes motivated by the bias towards a member of the protected class are also considered hate crimes.
Threatening violence and including specific terms that identify the person as a member of the protected class would be sufficient to constitute a hate crime.
The civil penalty for hate crimes may be as much as $25,000 in addition to other personal injury remedies. The perpetrator of a hate crime can be jailed and fined. If the crime is a felony the judge has the discretion to add an additional 2 year sentence to the jail term. The court also has the power to order restitution for actual damages and losses including medical bills.
The victim does not have to let the acts escalate to the point of actual physical harm and has the right to request a restraining order, once there have been threats of injury or property damage that is motivated by the perpetrators bias. The victim does not have to be a member of the protected class for the crime to occur. The perpetrator only has to perceive that the victim is a member of the protected class. If the perpetrator yells slurs of homosexuality to the victim because the perpetrator perceives the victim to be homosexual, but in fact the victim is not homosexual the crime has taken place.
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