WHAT ARE MY RIGHTS WHEN I AM PULLED OVER FOR A SUSPECTED DUI?

What’s your best option if you are stopped while driving and the officer accuses you of driving while intoxicated? The laws governing a DUI stop provide you less rights than you would have in a routine police encounter. The idea behind this abridged due process during a DUI stop is that driving on California highways is a privilege, not a right, and so you are not entitled to all of the Constitution’s protections. However, you retain some rights if you are pulled over on suspicion of DUI.

When you are stopped for suspected drunk driving, you are considered detained and are not permitted to leave. Even if the officer has not yet told you your Miranda rights, which are not necessary until you are arrested, your right to stay silent is invoked throughout the detention. You must present the police with your driver license (and vehicle registration), but you are not required to answer any questions. As with any police detention or arrest, the best course of action is to cooperate respectfully and offer identification, but to inform the officer of your want to remain silent.

The majority of people intuitively feel that if they answer all police questions, they would be handled more leniently, whereas if they refuse to answer, they will be treated harshly. It’s against the law for a police officer to respond in either of these ways. People frequently react to police queries such as have you been drinking by saying yes, but only one glass of wine or two beers, etc., in the hope that this will convince the cop that they are not under the influence. This is an error. It will not persuade the cop and will be used against you in the event that you are caught and charged. Frequently, when you respond to an officer’s questioning, you provide them with additional evidence to use against you, even if you believe your responses are exculpatory.

If the officer believes you are impaired, he or she will request that you undergo a field sobriety test. These tests include touching your nose with your closed eyes, standing on one foot, and walking in a straight line. The officer will not inform you that doing field sobriety tests is entirely voluntary, and the truth is that the majority of individuals are unaware that they are not forced to do so. It is prudent to inform the officer nicely that you do not wish to undergo these examinations. Why? Because if the police suspects you of being under the influence, he or she will almost surely conclude that you failed the field sobriety tests. (After all, who wouldn’t?) Even if you are entirely sober, performing those tasks can be difficult.) Do not believe that you can pass these tests, even if you are not impaired, and then be on your way. The police uses the field sobriety tests solely to enhance their evidence.

The officer’s ultimate purpose is to have you submit to a chemical test, which will most likely be a breath test at the time of the stop. You must submit to a chemical test only if the officer arrests you for driving while intoxicated. However, before the officer may arrest you, he or she must have probable cause to suspect you are driving while impaired. In other words, the officer has to clearly observe objective factors such as slurred speech, the odor of alcohol, and stumbling. If you choose to deny the submission of a chemical test following your arrest, you will face extra penalties, including an automatic one-year suspension of your driver license (on a first-time DUI; harsher on repeating DUIs). You cannot refuse to submit to the chemical test on the grounds that you have a right to an attorney. While you do have the right to an attorney if you are arrested for DUI, that right does not include the ability to delay the chemical test.

If you’ve recently been charged with a DUI, find a DUI attorney near you!

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How Can You Ensure Automatic Disability Benefits Eligibility?

Certain individuals may be immediately eligible for disability benefits. Naturally, this is conditional upon the individual’s medical circumstances and associated constraints and limits.

You will require objective medical evidence to substantiate your claim, as well as verification of your diagnosis. Below gives you a better idea on how you can qualify for disability benefits automatically.

How To Qualify For Disability Benefits Automatically

To qualify for disability benefits automatically, you must have a certified diagnosis of one of the medical conditions covered by the Compassionate Allowances program.

A compassionate allowance claim is accelerated, which implies that the applicant will most likely receive payments within a few weeks rather than months.

Compassionate Allowances are available for serious medical disorders that continue to create issues, as well as terminal illnesses that are predicted to end in the claimant’s death.

The list is updated on a regular basis, and additional ailments may be added, checking to see if your condition is mentioned is recommended.

Which Disabling Conditions Ensure Automatic Disability Benefits Eligibility?

The Compassionate Allowances list includes various conditions. Several advanced stages of cancer, organ transplants, Parkinson’s disease, early onset Alzheimer’s disease, acute leukemia, aplastic anemia, several congenital conditions, being on a heart transplant wait list, Single Ventricle, Stiff Person Syndrome, and a variety of other syndromes and rare medical conditions are among the conditions approved for fast tracking.

What If My Condition Doesn’t Ensure Automatic Disability?

If you are unable to work due to a medical condition that is not included on the Compassionate Allowances list, you may still qualify for disability benefits. Approval of your claim may take a little longer. In general, it takes several months for an average claim to be processed and granted.

The Social Security Administration (SSA) determines eligibility using a medical manual referred known as the Blue Book. There are sections devoted to various body systems, and each segment contains a variety of medical disorders.

Each condition has its own set of requirements that must be completed in order for a claim to be granted. That implies you will require supporting medical documents attesting to the severity of your ailment and the extent to which it restricts you. Certain cases advance to the hearing stage, where they are decided by an administrative law judge (ALJ).

Claims that are not granted through the Blue Book listing process may be approved through a medical vocational allowance, in which your physician completes a residual functional capacity (RFC) form outlining the severity of your medical conditions and defining what you can and cannot accomplish.

Get Your Claim Started

If you are unable to work due to a medical issue, you should file a disability claim. A disability attorney may prove to be a significant asset in your claim. Complete the Free Case Evaluation Form on this page to have your information shared with a disability attorney in your state.

If you’re planning on going to a Social Security Disability Office in person, there are plenty in Dallas, Texas which you can find the closest locations on disability.help

 

What Are The Penalties For Drinking And Driving For Adults and Minors In The State Of Virginia?

The State of Virginia has stringent laws concerning operating a vehicle while under the influence of alcohol. Driving under the influence (DUI) is considered a crime, and if you are convicted of this offense, you will have a criminal record. DUI offenses in Virginia are broken down into three categories for non-commercial drivers. These categories include drivers under the age of 21, those whose blood alcohol level registers at .08 to .14 percent, and those who register at .15 percent and above.

Minors Charged With DUI

If you are under the legal drinking age of 21 and charged with a DUI, you can expect the following penalties if you are convicted:

  • Suspended license for a minimum of one year from your conviction date
  • 50 hours of community service or a $500 fine
  • Possible requirement to enroll in the Alcohol Safety Action Program
  • A restricted license once your driving privileges have been restored

Adults Charged With A DUI

Adults who are charged with a DUI in Virginia can expect to face the following penalties if they are convicted of this offense:

  • Automatic seven-day administrative suspension of their license
  • License revoked for one year upon conviction
  • Up to a $300 fine
  • Possible requirement to enroll in the Alcohol Safety Action Program
  • May be required to use an Ignition Interlock Device at their own expense
  • Court-ordered restitution for any damages

For those who have a blood alcohol level over .15 percent, there is automatic jail time associated with the conviction and higher fines. If a child is present in the car while operating under the influence, additional penalties will be applied.

Being Convicted Of DUI Will Change Your Life

If you are convicted of a DUI, your life will change. You will have a criminal record that you must disclose to your current and future employers, which may inhibit promotions or other chances for advancements. Your cost for transportation will significantly increase, even when your licenses are reinstated because of additional insurance premiums. You will also have all the costs associated with fines, court costs, and penalties.

Because a conviction is such a serious matter, it is imperative to secure a Richmond DUI attorney to represent your case. Your attorney can build a solid defense for your case based on the facts and help you fight the charges against you. While there is never a guarantee that your attorney can have the charges dropped, you will have the best outcome possible from your case with quality legal representation.

Is Lane Splitting Safe For Motorcyclists in California?

When you make the decision to drive a motorcycle, you make the decision to learn a new set of driving skills. You must learn new rules of the road, new defensive techniques, and new ways of driving in which to remain safe and secure while on the road. The laws regarding motorcycle safety are different in every state, and California law requires all motorcyclists and their passengers to wear a helmet while on the road. It’s not an option, and it’s worthy of a ticket if you’re caught on a bike without proper headgear. This is for your safety, and it’s something many people understand. Helmets are important, but it’s lane splitting people want to know more about in California. Is it safe, or is it dangerous?

Is it Safe?

Lane splitting is a hot topic in the State of California. It seems dangerous. It’s dangerous enough to pass a vehicle in a different lane what with so many distracted drivers, so many people not paying attention to their blind spot, and so many people driving recklessly. Now you’re wondering if it’s safe to pass someone while you’re still in the same lane? According to many studies performed by major universities, it’s not dangerous.

California Assembly Bill 51 was legalized as of January 1, 2017. The bill states that motorcycles can legally split lanes if they choose, and it’s not considered a dangerous sport at this point. There are maximum speed laws and other considerations, but the state is still working on the details of this new legality by administering exemptions and exceptions to the rule.

Those who have been involved in a motorcycle accident due to lane splitting should always consult an attorney to possible help secure an injury settlement that you rightfully deserve. Visit the following links below for more information on the lane splitting and personal injury attorneys:

A Substantial Overview of California’s Personal Injury and How It Relates to Car Accidents

The impacts of an auto accident go past property harm. You may endure personal injury. You’re compelled to remove time from work, and you may experience the ill effects of mental anguish identified with the auto accident. Contingent upon the degree of the personal wounds, you may likewise languish the loss of satisfaction over exercises in which you routinely take an interest. Wounds you endure may also influence your life partner. These injuries are compensable, and you’re qualified for cash to make help alleviate any hardships suffered as a result of your accident.

Regularly, the recuperation procedure is difficult. The procedure is challenging in light of the fact that the recuperation is frequently from the dependable party’s insurance agency. Alternately, in the deplorable occasion that the dependable party is uninsured or underinsured, the recuperation will originate from your auto protection, (accepting you are satisfactorily insured).

The initial step is that you have to open a claim with the mindful driver’s vehicle protection. Insurance agencies procure agents and attorneys who are knowledgeable in the particular laws of California that identify with auto accidents and the subsequent personal injuries. While the claim procedure ought to be open and reasonable, the insurance agency agents and attorneys as often as possible promote their organization or customer. Protection agents and attorneys rapidly explore claims and endeavor to settle big publicity claims quick. That implies they attempt to offer you cash from the get-go to resolve the allegation. Much of the time, the money that protection agents and attorneys offer you at an early stage is a lower sum than you are owed. Not exclusively are protection agents and attorneys versed in the particular laws. However they are likewise gifted in rapidly assessing damages and restorative records. Accordingly, they promptly handle claims to limit corporate introduction.

A San Diego California personal injury lawyer can advocate for you. You require an attorney to “even the odds.” You want a personal injury lawyer to guarantee that the claim procedure is reasonable. A personal injury attorney guarantees that you get a sensible settlement for your misery and suffering.

A personal injury attorney is knowledgeable in the particular laws that represent your recuperation. You ought to not explore the claim procedure alone. Insurance agencies get portrayal from agents and lawyers, and you merit portrayal too. Moreover, just a personal injury attorney can enough speak to you in court if necessary. Every now and again, insurance agencies show lacking honesty in reasonably examining and settling claims. At the point when that happens, a claim gets to be distinctly vital.

Contact a professional San Diego car accident lawyer such as Yasmine Djawadian to schedule your free legal consultation where you will learn whether your case qualifies you to earn legal compensation for injuries sustained during a car accident caused by another driver’s negligence.

What To Do If You’ve Been Involved In A Car Accident In Vancouver, Washington

Auto crashes are increasing each year in Washington State. Sidetracked driving, high rates of speed and driving while inebriated are all things that prompt to auto collisions. Many automobile crashes which result in severe harm or death are preventable. The following information is a comprehensive summary of car accident laws in Washington State and how they can impact the individuals who are harmed.

Statute Of Limitations

The individuals who endure serious injury in an auto crash and wish to pursue a personal injury claim must make certain to do as such inside the suitable statute of limitations. Washington State gives car accident victims 3 years after the crash date to submit their case to court. Note that the case just must be filed to court inside the statute of limitations, not entirely settled. The individuals who neglect to meet this due date will in all probability lose the privilege to have their case heard in court.

Comparative Negligence Laws

While most auto collision cases are typically clear and easy to determine, some might be more troublesome. Washington State takes after comparative negligence laws, which implies that blame might be put on more than one driver after an accident. The law permits every individual involved in the crash to be held accountable for a specific percentage of fault. While it may not mean accident victims won’t recoup a settlement in a car accident case, it can influence the measure of the settlement depending upon the percentage of fault they are determined by the court or insurance agency.

What To Do After An Accident

It can be hard to know precisely what to do after a car accident. The individuals who are severely injured in all probability can’t work and have mounting medicinal expenses. Therefore, it is best to talk with an experienced car accident attorney to figure out what your alternatives are under the law.

If you, a loved one, or a friend have fell victim to injuries after a car accident, you may be entitled to earn legal compensation if your injuries were caused by the negligence of another individual. Contact a Vancouver, WA lawyer from the offices of Caron, Colven, Robison & Shafton Law or visit their listing at www.invancouver.org to schedule your free first-time legal consultation where a legal representative will be able to review your case and determine whether you should pursue legal action.

3 Mistakes You Need To Avoid When Constructing Your Personal Injury Case

3 Mistakes to Avoid in Your Personal Injury Case

Nobody ever anticipates being harmed. However, that doesn’t prevent it from happening. Personal injury can occur at work, in the market, out and about any anyplace else you can consider. They can result in a struggle to get back to work and bring home money to feed your family, and additionally recover from your injuries. Despite how your accident happened, you need to ensure that you don’t wind up committing an error that could hurt your own personal injury case.

Neglecting to seek medical attention

In many cases, individuals put off going to a medical professional since they don’t think their injuries are that terrible. While you may believe you are fine, it could simply be that your adrenaline is at an unequaled high. At the point when your adrenaline is high, it can lead you to believe that you aren’t harmed. You have to notice and head to the doctor to get looked at as a health check. It is far better to get a checkup and get to know that you’re fine than it is to discover you’re aren’t and wind up with some kind of injury that could disable you or kill you in the future. Inner bleeding and additional injuries aren’t apparent on our outer body. Getting looked at could be the difference between life and death.

Settling your case too rapidly.

Despite the fact that you may be strapped for money, you would prefer not to settle your accident before you know the full degree of your damages. There is no real way to know to what extent it will take you to recover from your wounds in the first day or two. You have to give yourself some an opportunity to ensure you are receiving the absolute most compensation before you consent to take any settlement. In the event that you settle too early, you could wind up missing out on cash that you legitimately merit.

Trying to settle your case alone

While you may think you can deal with everything yourself, that isn’t precisely to your greatest advantage. You require a prepared legal counselor who knows the intricate details of the law to ensure you get all that you have coming to you. There are plenty of things that you may not understand which is where a personal injury lawyer can help you.

Things like lost wages, doctor’s visit expenses, mileage to medical checkups, specialized equipment purchases and more can be added to your case. This is the reason you have to need to contact a professional personal injury lawyer from the law offices of Caron, Colven, Robison & Shafton P.S. They can ensure you don’t get exploited by the insurance agency and wind up settling for less cash than what you ought to have in any case.

How To Obtain a Monetary Settlement After an Accident in Washington State

Being hurt in an accident is difficult in the best of circumstances. It can be even more problematic when your injuries were caused by the negligence of another. Fortunately, the law provides a way for people hurt in accidents to seek a monetary award from the at-fault party. The following contains information on Washington State personal injury laws and how they can help you obtain money for your injuries.

Types Of Accidents

Personal injury law covers several different types of accidents and injuries. The majority of personal injury cases are:

  • Motorcycle Accidents
  • Slip And Fall Cases
  • Car Accidents
  • Injuries Caused By Commercial Vehicles
  • Bicycle Accidents
  • Pedestrian Accidents
  • Medical Malpractice
  • Wrongful Death
  • Birth Injuries

Not all accidents qualify for personal injury lawsuits. To obtain a settlement after an accident, you must be able to prove negligence. This means that the at-fault party must have acted in a negligent or reckless manner which led to the accident and your injuries.

Proving Who Was At Fault

It is not always easy to prove who is at-fault in an accident. Some things that may prove negligence include:

  • Driving Under The Influence
  • Speeding
  • Road Rage
  • Texting Or Talking While Driving
  • Failing To Yield The Right Of Way
  • Disobeying Traffic Signs And Signals

Damages

There are certain damages that may be awarded in personal injury cases such as:

  • Ambulance Fees
  • Hospital Bills
  • Surgery Costs
  • Doctor Bills
  • Lost Income
  • Future Lost Income If You Are Disabled Due To The Accident
  • Pain And Suffering
  • Emotional Distress

It is imperative to accurately calculate your expenses and damages in a personal injury case. For this reason, it is best to seek the advice of an experienced injury attorney to be sure you obtain a fair settlement.

If you have been hurt in an accident, contact a personal injury attorney for advice. Speaking with an attorney is the best way to learn if you have a valid claim and should proceed with filing a personal injury lawsuit seeking compensation for your accident-related expenses.

Steps To Take After Being Involved in a San Diego Car Accident

The effects of a car accident go beyond property damage. You might suffer personal injury. You’re forced to take time away from work, and you might suffer from mental anguish related to the car accident. Depending on the extent of the personal injuries, you might also suffer the loss of enjoyment for activities in which you regularly participate. Injuries you suffer might also affect your spouse or time with your spouse. These injuries are compensable, and you’re entitled to money to make you whole.

Often, the recovery process is challenging. The process is challenging because the recovery is often from the responsible party’s insurance company. In the unfortunate event that the responsible party is uninsured or underinsured, the recovery will come from your car insurance, (assuming you are adequately insured).

The first step is that you need to open a claim with the responsible driver’s car insurance. Insurance companies hire adjusters and attorneys who are well-versed in the specific laws of California that relate to car accidents and the resultant personal injuries. While the claim process should be open and fair, the insurance company adjusters and attorneys frequently advocate for their company or client. Insurance adjusters and attorneys quickly investigate claims and attempt to settle high exposure claims fast. That means they try to offer you money early on to settle the claim. Frequently, the money that insurance adjusters and attorneys offer you early on is a lower amount than you are owed. Not only are insurance adjusters and attorneys versed in the specific laws, but they are also skilled in quickly evaluating injuries and medical records. As a result, they quickly handle claims to minimize corporate exposure.

A San Diego California personal injury lawyer can advocate for you. You need an attorney to “level the playing field.” You need a personal injury lawyer to ensure that the claim process is fair. A personal injury attorney ensures that you receive a reasonable settlement for your pain and suffering.

Yasmine Djawadian is well-versed in the specific laws that govern your recovery. You should not navigate the claim process alone. Insurance companies get representation from adjusters and lawyers, and you deserve representation as well. Furthermore, only a personal injury attorney can adequately represent you in court if needed. Frequently, insurance companies demonstrate bad faith in fairly analyzing and settling claims. When that happens, a lawsuit becomes necessary.

What Are Compensatory Damages in Orange County Personal Injury Cases?

The majority of Orange County personal injury injuries are called compensatory which means their purpose is to compensate the injured for the hardships they’ve endured as a result of the accident or injury.  The compensatory damages are used to restore the injured from a monetary perspective to a reasonable extent. It is calculating what the consequences of an accident yield to a dollar sign. This is relatively simple when it comes to property damage reimbursement or medical bills, but it can get much more complicated. Placing a monetary value on the hardships suffered and will continually suffer such as physical limitations from lingering accident-related injuries becomes difficult, to say the least. Click here to learn more about how a personal injury in Orange County.

Compensatory damages are further classified into the following categories:

Medical Treatment – A compensatory damage that typically covers medical bills necessary as a result of the accident. Reimbursement for treatment received and compensation for the projected cost of medical care you’ll receive in the future due to the incident.

Income – Compensation for lost wages are classified as income damages, they include lost salary and money you should be earning in the future had the incident not occurred. In technical terms; a damage award characterized as compensation for a victim’s loss of earnings.”

Property loss – Compensation for any vehicle, clothing, or item damage resulted from the accident. The reimbursement compensates based on the fair market value of the property lost or damaged.

Pain and suffering – You can also receive compensation for the pain and extreme discomfort suffered during and after the accident.

Emotional distress – Although typically associated with the most serious cases, emotional distress damages compensate a victim for the psychological influence resulted from the accident such as paranoia, anxiety, and insomnia. Emotional distress is sometimes categorized under pain and suffering damages in certain states to it’s important to know what California declares, visit here to learn more about California law.

Loss of enjoyment – Injuries can result in a loss of enjoyment from daily activities such as hobbies and exercise thus these damages are meant to compensate sufferers.

It’s never recommended to enter a legal court alone, you owe it to yourself to receive professional legal representation in a court where you’re assured there’s someone fighting for your legal rights. Guldjian Law will aggressively fight for your entitled legal compensation, contact Guldjian Law APC today.