Wherever you are in the United States, getting caught drunk driving is one of the biggest mistakes you can make. After all, driving under the influence or DUI is a criminal offense in all states as well as the District of Columbia, and that means its consequences cannot be taken lightly. One of those consequences is jail time, which is something no person looks forward to serving.
All DUI offenses, whether it’s a first-time misdemeanor or a third DUI felony charge, are punishable with jail time of varying lengths. A first DUI conviction in California, for example, carries a penalty of up to six months in jail. A third DUI felony conviction, on the other hand, is punishable with mandatory jail time of up to five years.
However, it is still entirely possible to avoid jail in case you are convicted of a DUI. This is one of the many reasons to hire a DUI defense attorney to represent you in court - you stand a much better chance of staying out of a jail cell despite a conviction.
It’s all in the judge’s hands.
Whether or not a DUI convict—particularly a first-time offender—will spend some time in jail or not will largely depend on the judge handing down the sentence.
A good DUI lawyer can plead with the judge to spare the offender from jail and hand down an alternative sentence instead. The judge will hear your attorney’s presentation and will decide on it based on several factors.
The judge will take into account the type of DUI offense and how severe it is. Judges can be more lenient toward people who have committed a first-time DUI offense, which is typically charged as a misdemeanor. However, if that first-time offender hurt or killed someone, the likelihood of avoiding time in jail is significantly reduced. Judges will also weigh several other factors such as criminal history, if any, of the offender. Whether the DUI convict expresses any remorse will also be considered.
DUI sentencing alternatives
If the judge determines, among other things, that you are sorry for committing a DUI offense and that you are not a danger to the community, then you will likely end up serving probation instead of jail time.
Probation is better than jail, but it is no picnic for the offender either. You may no longer be under police custody and will have the freedom to move around, work, and contribute to society, but you will be supervised closely by a probation officer who will be assigned as soon as you receive your sentence.
If you’re serving probation, you will be required to follow specific rules throughout the probation period, like never driving without a valid license or with any amount of alcohol in your system, not committing any crime, or any other conditions the court may impose. On top of all this, you will also have to pay restitution, court costs, and probation supervision fees.
Violating or failing to complete the conditions of your probation will lead to its revocation, you will serve the maximum sentence that your original criminal DUI offense allows.
2. House arrest
The court that convicts you of a DUI offense can also require house arrest as an alternative to jail time. It also comes with certain inconveniences, but it does beat being in jail.
Then again, house arrest is, in a way, just like being in jail, but without the bars. You will have to confine yourself within your property and will be required to wear a monitoring device around your ankle, which will alert authorities if you leave your home. The monitoring device will most likely be a SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelet, which can detect alcohol in your sweat and measure your alcohol use.
3. Community service
Community service for a DUI offender can come in various forms. If you were convicted under California DUI laws and made to perform community service in lieu of jail, you would likely be made to work for the California Department of Transportation or Caltrans picking up trash on the freeway wearing those orange jumpsuits.
Other forms of community service include doing volunteer work for charities. In some cases, DUI offenders perform community service by speaking about the dangers of drunk driving in front of groups.
4. Alcohol or drug rehab
A DUI offender with an underlying alcohol or drug addiction may also be allowed by the court to spend time in a rehabilitation facility instead of a jail cell.
As mentioned above, you have to convince the court to hand down a sentence that doesn’t involve going behind bars. Only a skilled and experienced defense attorney can help you do that, make sure you hire one if you ever find yourself in DUI trouble.
Fraud claims and breach of contract are very different legal cases. It should be noted, however, that there are various circumstances where a breach of contract can involve fraud. For the most part, fraud claims cannot be filed simultaneous to a breach of contract, when both are based on the same set of facts and issues.
In a case where both claims have been filed at the same time, a court will generally focus on the claim regarding the breach of contract. This will disregard the fraud claim as being duplicative, particularly when the claim restates that facts included in the breach of contract claim.
Breach of Contract Lawsuits in California
When a breach of contract lawsuit has been filed, the claim will generally imply that there has been some degree of misrepresentation that caused at least one party to not perform in the obligations set within the contract. A breach of contract, however, can become a fraud claim.
In California, a contract is a legal agreement made between at least two parties. The parties involved in the contract essentially promise to perform a specific duty. The reason behind having a contract be legally binding is to hold each party responsible in the event of a breach. A contract breach will occur when the agreement is not kept because one of the parties has failed to fulfill the obligations agreed upon.
A breach of contract can occur in the following methods:
When at least one of the parties involved in a contract have met their obligations, they are entitled to legal remedies for the breach of contract.
Contract Fraud Claims
Contract fraud claims occur when at least one party to the contract has presented information that is deceitful, incorrect, or meant to confuse those involved. For example, a contract fraud claim can occur in employment contracts, when employees claim to have certain skills and experience to perform a job duty, when in fact, they do not.
Another example can involve a party, who is lead to believe they are making a purchase for a certain item in a particular condition, but the contract has specified a different product under a different condition.
Consult the Support of a Qualified Law Firm
Claims involving a breach of contract or a fraud claim are very complex as they can sometimes overlap. These claims can be brought separately under specific circumstances. If you believe you have been misled when entering into a contract and are seeking to file a breach of contract or a claim for fraud, seek the legal support of a skilled business law attorney who will defend your interests.
The attorneys at Schwartzberg & Luther, APC understand that in order to file a strong claim for a breach of contract can require extensive legal knowledge and experience. If you have reason to believe you have been harmed as a result of a breach of contract, consult a skilled law firm today.
Understanding Negligence in a Personal Injury Claim
Negligence can occur when another’s actions, or in some cases inactions, fall short of the reasonable standards set to protect another from harm. For instance, drivers in California have a legal duty to the safety of others on the road. Therefore, a driver who chooses to drive behind the wheel while intoxicated is acting negligent in considering the safety of other drivers. In order to win a personal injury claim in California, the victim, also known as a plaintiff, will need to prove that the accused is liable for causing the accident that resulted in his or her injuries.
When it comes to personal injury claims, there are generally four factors that must be demonstrated in a claim in order to prove that the accused party acted negligently:
Consult a Skilled Personal Injury Attorney
Following an accident that left you with injuries, it is critical to your well-being and recovery that you seek monetary compensation for your grievances. In California, however, you only have a small window of time to file the lawsuit. Speak to a skilled personal injury attorney as soon as possible in order to ensure your claim is heard.
The good news is that brake failure is rarely the cause of a car accident. Typically, most vehicles have redundancy and two braking systems to ensure safety, if one fails. However, when brake failure occurs, it is often related to larger vehicles like semi-trucks or larger trucks. If you were involved in a car accident where your brakes failed, it likely was a terrifying event.
Understanding your options after a brake failure and car accident can help you determine your next steps.
*This blog was published by Silverthorne Attorneys located in Ladera Ranch, CA.
If you have been accused of sexual harassment in the workplace, the accusation can have your reputation tarnished and expose you to a financial judgment. Additionally, an accusation can leave yourself and your company in serious legal trouble under state and federal laws. Moreover, the United States Equal Employment Opportunity Commission (EEOC) can issue an administrative charge and begin a formal investigation into the claim for workplace discrimination.
If your business or a colleague is facing workplace sexual harassment allegations, it is important to seek the legal support of a knowledgeable attorney who will fight for your rights. Consider speaking to a qualified attorney who will champion on your behalf.
The Importance of Acting Quickly After an Initial Allegation
Upon hearing of the allegations, it is important to act quickly and begin protecting your interests. Begin making a detailed account of all the interactions you have had with the co-worker.
In the event that the sexual harassment claim has been filed directly with the EEOC or the co-worker has already filed a lawsuit against you, not only is it in your best interest to seek legal support, it is also important to consider all defenses available. In a sexual harassment claim, the burden is typically placed on the accuser, which means that the alleged victim will need to prove specific elements to obtain a judgment. An experienced attorney can assist in defending against such claims.
Potential Sexual Harassment Defenses in California
Depending on the facts of your case, not every legal defense will be available to you. Understanding what legal defenses could be available, however, can help you decide what will be the best course of legal action. The following is a limited list of possible defenses:
Hire the Legal Support of an Experienced Employment Defense Attorney
In every professional work environment, your reputation is the most important thing you need to protect. When a co-worker or employee has accused you of sexual harassment, the claim can affect you for the rest of your career as well as jeopardize your business’ future. After a wrongful allegation has been made against you, it is important to act quickly – consider seeking the legal support of a skilled attorney who can champion on your behalf.
The employment defense attorneys at the Knez Law Group, LLP have many years of dedicated experience protecting the rights of those wrongfully accused. Workplace sexual harassment claims should always be taken seriously and it is important to act quickly. If you need legal assistance in defending against an employment claim, contact the legal support of a qualified attorney.
Car accidents around the US cost more than $800 billion a year. They result in thousands of deaths and millions of injury cases, a lot of which are permanent. Despite the fact that there have been immense advancements on the technological front to improve car safety through equipment like assistive braking and guided cruise control, but the element of human error still remains. This includes negligence and distracted driving among other things.
Individuals have to realize that while on the road they have a moral and civic responsibility towards others as well as themselves. Protecting your life and that of those around you is your legal and ethical requirement while driving. Here are a few things that you should be careful about in this regard.
Tips to Avoid a Car Accident
Stay Attentive to Your Surroundings
There is a common notion that one of the basic assumptions while driving a car is to think you’re the only person who can see. Motorcyclists, pedestrians and other people like skateboarders etc. will come charging into your path creating a risk for massive collisions. This is the reason you have to be extra careful while on the road. Check your rear-view mirrors regularly especially when making a turn or pulling over. Also check for on-coming traffic before opening your car door in the middle of a road. Use turn signals at all times and make sure you’re brake lights are functioning properly.
Negligent driving is one of the most common causes for accidents around the US. Similarly distractions are also a major factor that contributes towards sometimes fatal accidents. Recent increases in usage of social media platforms like SnapChat, Facebook Live YouTube have been misused by people while driving. This is a step up from the traditional texting while driving. However, this has only compounded the risks immensely. The authorities advise you to avoid these practices to make the roads and highways safer for yourself and others.
Follow the Rules
It is said that ignorance of law is now excuse. Ignorance might be not knowing the law or wishfully ignoring it. Both these conditions can result in catastrophic consequences. Running red lights, overtaking out of place, traveling the wrong way or traveling in the wrong lane etc. are just a few examples of law breaking that can detrimental for you and other people as well. Saving a few minutes of your time can leave you in big trouble with more mess to clean up than you expected.
What to Do if You're in a Motor Vehicle Collision
After a car crash, there are a lot of things to keep in mind, but your safety and the safety of others involved in the collision are critical. Here are some actionable things to do after an accident:
Call RM Law Group - Serving San Bernardino and Riverside
While you should be careful about the rights of others and your own while on the road, you also have to keep your car in top shape and ensure you have all the safety features that the law requires. However, if you do get into an accident, make sure you’re prepared. Have a first aid kit on board and contacts for your insurance company and contact the car accident lawyers at RM Law Group, LLP. Our attorneys offer free consultations and can answer your questions & advise you on the best course of action regarding your specific circumstances.
The Sun posted a recent article discussing a Riverside man’s involvement in a hit and run incident. Dustin Michael Garrett was arrested for suspicion of drunk driving and causing bodily injury to multiple victims on a Saturday night at around 9 p.m. Redlands police say that Garret struck 27-year-old Dain Nuu Wells with his vehicle on Colton Avenue near Herald Street, Wells was riding his skateboard when he was struck and thrown onto the hood of Garrett's car as he was speeding down the street. Garrett fled the scene of the incident and collided with three other vehicles in the process. After colliding with the third vehicle, Garrett abandoned his vehicle and fled on foot until he was caught by police at Empire Bowl near Colton and New York Street. He was booked at the West Valley Detention Center in Rancho Cucamonga for DUI and Hit & Run, but was later released.
Fortunately no lives were lost because of this reckless driver’s actions, but that is not always the case when a drunk driving accident occurs. It is very unfortunate to think about but accidents caused by drunk drivers taken lives across this state at a staggering rate. When we send our loved ones out into the world, we always hope they will return home safely but some families are not so fortunate. If you know you will be drinking, please do not get behind the wheel or a vehicle. If you are under the influence, call a sober driver to pick you up so you can be part of the solution and not the problem. Always buckle up while you are in a vehicle and help the streets be a less dangerous and unpredictable place. You can make a difference.
Defending Your Driver's License Against the DMV
When accidents caused by drunk driving occur in California, the DMV’s first reaction against the driver is to suspend or revoke their license. If a suspension action begins, it is the driver’s responsibility to schedule an administrative hearing to fight for the preservation of their driver license. This process can be a difficult and confusing challenge if attempted without guidance. It is wise to do your research and enlist the assistance of a team that can expertly take on your case and ensure you an opportunity to prevail.
California Drivers Advocates is a team of DMV Defense Experts that can help defend California drivers at the DMV when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO of the business. Visit Rob and his team at their website or contact them at 1-888-281-5244. They will be happy to answer any questions you may have at no obligation
On February 2, 2018 at about 11:52 p.m., a two car crash occurred leaving one girl dead and several injured, reported The Press-Enterprise in an online article. Denise Canez was a passenger in a Toyota Sienna that was traveling north on Lyon Avenue and was hit by a Honda Accord that was traveling west on Ramona Boulevard in Rialto, California. The Honda Accord was traveling at high speed and failed to stop at a posted stop sign which caused the two vehicles to collide in the intersection. Alcohol is believed to be a factor in the incident. Denise Canez was only 17-years-old, she was a traveling passenger in the Toyota Sienna that was struck by the presumed intoxicated driver. Canez was pronounced dead at 12:54 a.m. Saturday at Hemet Valley Medical Center. All passengers in both vehicles were injured and taken to hospitals to receive treatment.
Imagine being the family that has to wake up one morning to a call about their daughter passing in a car accident. The heartbreak knowing a life that was so young was lost, that your loved one will never get to laugh or smile again, all because of a drunk driver deciding to be reckless & careless. Driving under the influence is illegal in California, yet so many drivers have been involved in a car accident or have been stop in a DUI checkpoint due to being over the legal limit. When a driver has been drinking and gets into the driver’s seat, they are then putting many lives at risk of injury and even possibly a fatality.
When an unfortunate event like the one described in the article above occurs, the victims have rights to compensation. Negligent parties can be held responsible and victims have options like to file a claim and settle with their insurance companies, or hire an attorney and pursue a larger case or claim to fully protect their rights. Insurance companies will often try to hurry and settle the case and typically at a lesser amount that what may be achieved when fighting the claim, victims can lose out on a lot of money because many factors are overlooked and under compensated. With an attorney, they can file claims or pursue jury trials to recover more compensation for their clients. In a case like the one above, since a life was lost the family can file wrongful death claim for the loss of their daughter and work with the attorney towards receiving compensation. The battle does not simply end because the victim is deceased, the family still has rights.
The family in this case could go after compensation for the loss of their daughter regardless of any criminal charges brought by the County District Attorney’s office against the negligent driver. If you or anyone you may know is in a similar situation, find an attorney who is experienced and has a background and experience. For the case above, an attorney with a background in wrongful death lawsuits could pursued to help fight for the best outcome for the case. Justin H. King is an experienced personal injury attorney that represents victims in Ontario when they have lost someone due to someone else’s negligence. His firm, the Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims.
Criminal laws are like a deep ocean that only legal experts can successfully navigate. There are so many nuances relating to the criminal law that it can cause analysis paralysis and create more confusion for a layman.
Here we try to simplify important legal terms for our readers' knowledge. One important legal principle that we will shed light here is the 'principle of legality'. What does it mean? How does it affect a criminal case? You will find out the answers here in this article.
A Close Look at the Principle of Legality
The principle of legality is one of the most fundamental concepts related to the criminal law in the US. The law offers protection of the legal rights of a person who faces a criminal charge. It is taken from the Latin phrase "llum crimen sine lege, nullapoena sine lege", which simply means no crime without punishment.
The main purpose of the principle of legality is to prevent a person from being wrongly charged with a crime. It ensures that the state or the federal body does not violate the basic human rights. No person no matter what is his or her nationality, race, age, gender, or class can be convicted of a crime without a fair trial.
Another connotation of the principle of legality is that a person cannot be charged with a crime if it does not constitute a criminal offense when the crime was being committed. Also, the person cannot be imposed a heavier penalty if it was imposed after the crime was committed.
The principle of legality implies that the jury cannot issue a verdict against a person if the action was not prohibited when the crime was committed. Also, it disallows a judge to lean in favor of any verdict that has been given without any reasonable or clear justification.
Get Help of a San Bernardino Criminal Defense Attorney
While the principle of legality, in theory, protects a person from being wrongly convicted of a crime, in practice mistakes sometimes happen. A person can be wrongly convicted of a crime if there is no adequate legal representation. That's why it's essential that a person facing a criminal conviction should get the help of an attorney who specializes in criminal cases.
A professional criminal law attorney in San Bernardino will look at all the evidence to ensure the person gets a minimum possible conviction verdict. The legal expert who specializes in criminal law will know when to appeal and when to accept the verdict of the jury. Getting the help of a criminal law attorney will help in getting the minimum possible penalty for an offense.
A recent swimming pool accident had a near-tragic ending for a local USC student. Diving in headfirst, the student underestimated the close proximity of the bottom of the pool causing severe spinal-cord injury. The harrowing incident ultimately left the student quadriplegic. While the young student is slowly regaining movement, his recovery will undeniably be a difficult one.
Fortunately, the student’s life was saved after onlookers noticed he was not resurfacing. Benefactors quickly sprung to action and managed to pull the victim out of the swimming pool. Although the young student’s life was saved, many swimming accident victims do not share similar results. Based on research conducted by the Centers for Disease Control and Prevention, an average of ten people die from unintentional drowning per day. Further, a staggering 50% of all emergency, nonfatal victims suffer long-term implications. These long-term implications can result in the permanent loss of basic body functioning as well having to cope with life-long learning disabilities.
Harboring Safe Swimming Facility Usage
While swimmers can actively practice safe facility procedures, swimming pool injuries and fatalities can nevertheless occur due to a lack of swimming area maintenance. Unkempt swimming areas are at times a direct result to injuries. Many of these dangerous recreational facilities include:
What to Do in the Event of a Swimming Pool Accident
While many accidents can occur without fault or intention of the victim, but knowing what to do in the event of one can be life saving. The following steps could potentially help to ensure your safety and legal protections in the event of an accident.
Contacting a Legal Professional
Preventative measures for swimming pool accidents are abundant. While a user can utilize lifejackets, take swimming classes, and proactively obey all posted signs; accidents can occur without notice or warning. The rates for swimming pool accidents become greater as recreational areas are unkempt and ultimately become accident-harboring areas. Swimming area accidents can quickly result in injuries that could cause the loss of a job, immense surge of medical bills, and personal injury that could have permanent and irreversible damages. When an accident occurs, it is important to consider your rights. Contacting a legal professional who will champion for your rights and oversee your case can be beneficial.
Justin H. King is a personal injury attorney who fights for victims after serious and traumatic injuries occur due to the negligence of someone else. If you or someone you know was recently victim to situations like the ones in this article Justin can help. His firm, The Law Office of Justin H. King helps victims who have suffered spinal cord injuries and other related serious injuries. You can learn more about Justin and his experience and awards on his attorney profile page here, or obtain his contact information for scheduling a no obligation, absolutely free consultation on his contact page.
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