Posts Tagged ‘DUI’

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Copyright Protects

November 11th, 2010

People that create things such as artists, inventors, and writers get their work protected under copyright laws. Copyright laws are designed to keep people’s work from being copied and used by anyone else, for sale or otherwise, so that once people distribute their product other people cannot just take it and make it their own.

It is becoming even more serious of an issue because of the wide availability of content available on the Internet, and it is very important for people with all kinds of sites to make sure they do not break these laws. As more and more people are working freelance it is becoming very important for everyone to know and understand who actually owns the copyright to work that is produced, so everyone needs to be aware of the different parts of the law and how it relates to them. Specifically, people need to understand how the work they created for, or on, the Internet is protected by the copyright laws.

As the results of not possessing the appropriate rights can be a real disaster, the consideration of copyright has turned into an enormous debate for both vendors and purchasers at each stage along the chain of production, thanks to the rise of a market for freelancers. In this piece, we examine just what a copyright really is, and the ways that it is relevant for the creation of content on the Internet.

Granting a creator the legal right to modify or utilize, either in part or the total work, and claim it as their own property, copyright is an artificial construct which protects the originator of the work. A creator owns his original copyright for the work under consideration and also possesses the ability to give this to another party whenever he wants, typically in exchange for payment; although the general concept proves to be the same, it does have slightly differing interpretations in various jurisdictions.

Where a creator is working on commission, copyright is designed to act as a lien in his favor, meaning that if he creates and passes on but does not receive payment, he can withhold copyright and sue for breach where applicable. Of course, he would also have remedies under the ordinary law of contract, but the grasp of copyright is a very powerful tool, which can even be used against the third party buyer from the original commissioner.

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Begin The Work Immediately

November 10th, 2010

New lawyers sometimes are too excited to accept cases that they run the risk of being called the “Ambulance Chasers.” The following pointers are adapted from Jay G. Foonbergs book How to Start and Build Law Practice:

As you conduct an initial consultation with a potential client or their family members, encourage them to utilize your services as frequently and as quickly as they can. It is important to get an early start on your representation of their interests, and you should make clear to them the critical nature of your early involvement in their matter. Reinforce with them that they should never talk about factual details or potential fault or negligence concerning their case with anyone other than the police until they have discussed things with you.

Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.

Any ancillary or disinterested witnesses need to be interviewed as soon as practicable. Accident sites need to be visited and documented photographically before any changes, repairs, or distortions occur. Be sure that the client understands not to allow damaged, dirty or blood-stained clothing or evidence to be discarded by medical responders. Any outward evidence of injuries, including bruises, scratches and the like, must be chronicled in photographs right away. The injured person must be reminded that insurance company’s primary concern is to defend a claim for damages rather than getting any funds for the insured for personal injury. The defendant must be told that the letter of claim begins a timetable and acknowledgement of receipt of letter must be within 21 days. The letter of claim must be sent in duplicate and the defendant requested to send a copy to the insurance company. Ensure that the medical records are accurate and has been fully reviewed by your client. Allocate enough time for the review of medical records.

Keep in mind that insurance companies pay much more attention to a report that comes from a doctor rather than from a nonphysician.

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Engage Your Client As Soon As Possible

November 9th, 2010

New lawyers sometimes are too excited to accept cases that they run the risk of being called the “Ambulance Chasers.” The following pointers are adapted from Jay G. Foonbergs book How to Start and Build Law Practice:

Advise your prospective clients to engage you as soon as possible and often when you are meeting with the potential client and / or their family initially. In order to verify that there is need for representation and to protect a client’s interest, work will need to begin as immediately as possible. You should also instruct your client to consult with you before discussing the case with anyone regarding facts and possible fault, with the possible exception of police officers.

Your potential client must be made to understand the importance for the investigator to photograph every evidence before they get cleaned or repaired.
Every prospective client needs to grasp the need for investigating authorities to obtain photographic evidence of all tangible things relating to the case before they are damaged, destroyed or repaired. Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.

The injured person must be reminded that insurance company’s primary concern is to defend a claim for damages rather than getting any funds for the insured for personal injury. The defendant must be told that the letter of claim begins a timetable and acknowledgement of receipt of letter must be within 21 days. The letter of claim must be sent in duplicate and the defendant requested to send a copy to the insurance company. Ensure that the medical records are accurate and has been fully reviewed by your client. Allocate enough time for the review of medical records. Keep in mind that insurance companies pay much more attention to a report that comes from a doctor rather than from a nonphysician.

Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person’s injuries, and the potential client should understand that this is the insurance company’s first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness.

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The Price Of Impaired Driving And Leaving The Scene Of An Accident

November 4th, 2010

Many people get in their cars and drive without giving a second thought to what their mental condition is like. This can be a huge mistake for those who are not aware of how their judgement can be altered. Impaired Driving and leaving the scene of an accident can happen to the best of people, because they are reacting to fear. However, a decision like this may also have repercussions that could last a lifetime.

Many people do not realize that the law in each state may vary, but not by much. Being impaired is not just limited to alcohol, but also to drugs, including prescription medications. Anything that is alcohol or drug related, even over the counter medications can affect our judgement. It’s important to know how these things are making you feel and if they are altering your judgement.

There are millions of people on prescription medications in this country at any given time. Those people need to also be aware of how they are feeling, and how these medications are affecting them. It is a misconception that prescribed medications do not impair your judgement. All kinds of medications alter our moods, minds and emotions.

Always be aware of what your medications can do to your judgement. Read the warning on the bottles and talk to your pharmacist about any side effects that may happen. Read the paperwork that comes with the prescription so that everything is clear to what could happen while taking that medication.

Every state has their own laws on the alcohol level a person can be at to still legally drive. It is important to know what the level is in the state you are in. Even if someone is under the legal level, if there is an accident the driver can still find himself in trouble. The law often views this as a person under the influence because at some point, the slightest of impairment could have been responsible for the accident.

If an accident occurs and the driver does not stay, they will certainly be looking at some serious legal issues. Besides the legal charges, if someone dies in that collision, the extreme guilt and remorse will be almost impossible to deal with. No matter why an accident happens, it is very important to remain there until the police arrive.

Every state has different laws so it could depend on the severity of the charges as to where the accident took place. If you left the scene, your legal charges will be even steeper as well as the fines that will have to be paid. There are also attorney fees to consider, which could drain most people. People are surprised with how much it can cost to retain an attorney.

With the busy lives that we all lead, no one gets up in the morning hoping that they will be in a collision. That is why it is called an accident. It is how you handle it when it happens that matters. Impaired driving and leaving the scene of an accident can not only ruin the life of another person, it can devastate your own.

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Canadian Law: About Offences Act Appeals

November 2nd, 2010

The Canadian justice system has a specific judicial process when it comes to prosecuting and appealing criminal offences. Summary offences are referred to as summary conviction offences. Summary conviction offences are not as severe as offences that require a criminal indictment. The punishment for summary offences typically involves smaller fines and prison sentences that are not as long as criminal indictments. Both summary conviction offences and indictment conviction offences appear under the jurisdictions of both the provincial and federal courts. Under federal jurisdiction, summary conviction offences will normally involve a fine that can be up to $5000.00 and a prison sentence that can be up to 6 months. They can also include both a prison sentence and a fine. As well, Section 786 of the Canadian Criminal Code has a statute that states that the trial for a summary conviction offence must take place 6 months or less after the offence was committed. However, the defendant and prosecutor have the ability to agree to forgo the statue.

Summary conviction offences do not require an arrest warrant and the person who has been charged with the offence will not have to submit his or her fingerprints. Appeals of summary conviction offences will first be heard directly at the highest trial court within the jurisdiction such as a Provincial Superior Court of Appeal. Then, the appeal can go to the Supreme Court of Canada. Most summary conviction appeals never reach the Supreme Court of Canada. For indictable offences, the time for charging the accused is not limited. Police are not required to have an arrest warrant for an indictable offence. As well, the accused does have to submit fingerprints. Indictable Offences Appeals will first be heard the Provincial Court of Appeal, and then it can go to the Supreme Court of Canada.

In Canada, the appeals court does not hear the trial again so there is no evidence or witnesses presented. However, there are rare cases where the appeals court may consider significant new evidence. After the transcripts of the trial are available and an application for an appeal has been made, the court of appeal will book a date to hear the appeal. The role of the appeals court is to make sure the trial was conducted fairly and properly. The appeals court may also look at what happened during the trial to see if the evidence presented during the trial supports the conviction. As well, they will look at such aspects as: the type of crime committed, the impact of the crime on the victim, the background of the offender, and the previous sentences imposed in the same type of cases. The length of time varies with each case.

Upon conclusion of the appeals hearing, the judge will consider the arguments and render a decision that can be either: dismissal of the appeal, order a new trial, substitute a verdict of guilt, order an acquittal, or either increase or lower the conviction sentence, or remove or add penalties. In Canada, when charged with an offence, it is important for the accused to have a criminal lawyer Toronto who understands the legal process to ensure the trial and appeal is fair and just.

There are many criminal lawyers available in the market, make sure you find the right one that fits your cause.

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Legal Non-Violent Minor Offences And The Offenders

November 2nd, 2010

Legal Non-Violent Minor Offences are those offences that are against the law and yet they are not often deemed serious enough to take to court, should it only occur once or twice. For this reason the culprit is not always charged but this is at the discretion of the police.

Because of the fact that these offences are often not harmful to the public or the perpetrator, they are thought of as against the law but on a slightly more superficial level. Often these crimes are committed by normally law abiding citizens who do not continue with their life of crime.

There are various types of offences which are deemed non violent and minor. Should a person with no drug related history be caught carrying a small amount of marijuana which is thought to be too small to sell then the person might be given an official warning due to the nature of the offence.

Should this person be caught under the influence of Marijuana but with no intent to sell then they might also be given a simple warning. All of this depends on the fact that the person has no record that states he or she has previously been caught taking or selling the drug.

A person who steals from a shop is another example. Someone who steals a toothbrush, for example, and who had no previous record might not be thought of as a risk to society and might not be charged with the offence. This also depends on the amount stolen from the shop.

Although this crime might be minor, it is still up to the discretion of the shop owner to press charges or not. If the shop owner does not press charges then the offender might be let off with a warning that further action will be taken if he or she continues to commit the offence.

If the person admits to the minor offence and the police believe that it might not happen again then the police might only give the offender an official warning which will be kept on file should it occur again. The person will not be officially charged but only on certain conditions.

Young offenders have a more likely chance of being let off lightly if their record is clean and the offence is minor. This is because of many reasons including the hesitation of police to expose youngsters to the justice system.

Punishments that are given when a traffic ticket Toronto Markham offender is charged with a non violent minor offence include community service. The offender is ordered to complete a certain amount of time doing community service in order to avoid more serious punishment.

Community service might involve activities such as cleaning little off the roads or working for a community service project such as a soup kitchen for an allotted amount of time. Normally it is something that will benefit the community and punish the person with the traffic ticket Toronto East at the same time.

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DUI Lawyers: Look For Common Defenses

October 22nd, 2010

DUI lawyers can help those who are looking at conviction for driving while under the influence of alcohol. DUI is a serious charge. Police officers today are expected to pull over anyone who gives the slightest indication of driving drunk. The driver who weaves in and out of traffic, or fails to put on his lights at night, or does not respond quickly to a green or red light, is a prime target for law enforcement.

The ironic fact is that people who have been drinking lose their judgment. People actually think they can drive safely when they are intoxicated because their judgment of what is safe and unsafe has been impaired. This is why many people choose to drive after a few drinks rather than calling a taxi to take them home or sleeping at a friend’s home until the alcohol wears off.

People, before drinking, should arrange to have a designated driver, arrange alternate transportation home, or arrange to stay at the place they are drinking until they are sober. For those however, who have been charged with driving while intoxicated, the terrible ordeal has just begun. A conviction of drunk driving will result in a suspended driver’s license, increased insurance premium, and a heavy fine.

Because of the complications involved, one who has been charged with DUI should hire an attorney to represent him throughout the process. The lawyer will help the client throughout the legal proceeding and will help the defendant decide if he should ask for a jury trial or plead no contest to the charge.

There are many defenses to a DUI charge. Not all people who are arrested are guilty. The field sobriety test could have been given in a faulty manner. The person who blows into a alcohol measuring device is not always above the legal limit simply because the device reads a certain number.

The field sobriety test should not be assumed to always be certain proof of a person’s ability to drive safely. If the test was administered late at night when the driver was usually in bed, the defendant might have failed the test out of fatigue and not because he was intoxicated. If the area the driver was asked to perform the physical movements such as walking a straight line was an uneven surface or full of obstacles such as holes, then the test might be thrown out of court.

The alcohol measuring device could register an incorrect reading. If the device has not been calibrated, then the read cannot be used as evidence. The attorney will investigate the circumstances related to his client’s arrest.

If the police pulled over the driver based only on the report from a call from a member of the public, then the case may have to be thrown out. The police must observe someone driving under the influence. The police cannot rely simply on a report from a third party. These are only some of the many defenses the DUI lawyers will raise.

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A DUI Attorney In Ventura County Will Help People Who Have Been Charged With Drunken Driving

October 21st, 2010

The person who has been charged with DUI should meet with a DUI attorney in Ventura County as soon as possible because there are deadlines that have to be met. The DMV requires that the person who has been charged with drunken driving to request a hearing ten days from the date of arrest. If the hearing is not requested the DMV will automatically suspend the driver’s license of the accused for thirty days.

The DMV will suspend the driver’s license of the accused whether that person is guilty or not of the charge. In fact, if a hearing is not requested within ten days of the charge, the DMV automatically suspends the license of the person charged with DUI. This is why it is important to hire a lawyer as soon as possible who will request a DMV hearing.

The lawyer will represent his client at the hearing and explain all factors and reasons why the accused needs to drive his or her vehicle. The person accused perhaps is taking care of a person who needs regular medical care and has to drive a car or truck in order to take care of someone. Whatever the reason the accused needs to be able to drive, the lawyer will show that a full suspension of the driver’s license will result in undue hardship for the accused.

The criminal part of the drunken driving charge is a serious matter. The person who is found guilty of the charge could face jail time depending if this is the second or third conviction. If there are injuries due to an accident caused by someone who is charged with drunken driving then the charge will be a felony.

The felony conviction will include jail time for the convicted. Even if the charge is less serious than a felony the penalty could include community service, electronic monitoring, and the installation of an ignition interlock device. The person who is convicted of DUI can expect to pay substantially more for auto insurance because insurance companies consider a person with a DUI conviction to be a high risk driver. These are some of the reasons why the person who is charged with DUI needs to consult with an experienced lawyer as soon as possible after the charge has been filed.

An experienced DUI lawyer can build a defense to the drunken driving charge based on many aspects of the charge. For instance, the lawyer can challenge the field sobriety test. The lawyer can challenge the accuracy of the alcohol blood level measuring devices.

The lawyer can contest the probable cause that the officer relied on to pull over the driver he or she suspected of driving under the influence of alcohol. Many officers rely on reports from other drivers who call the police to report a driver they suspect is driving while under the influence. If the officer relied only on a report of drunk driving and did not actually witness the person driving under the influence he did not have proper probable cause.

These are only some of the arguments that the DUI attorney in Ventura County can make on behalf of her client. The charge of drunken driving is a serious matter. The person who has been charged with DUI should meet with a lawyer as soon as possible.

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Retaining A DUI Lawyer In California Is A Smart Way To Protect Yourself

October 21st, 2010

With nearly every accident report we hear on the radio or television, we are primed for the answer to the automatic question of whether any of the participants were drunk. It says something about the state of our society that we are at once aware of the cost of driving after drinking, yet have not found a good way to prevent it. Still if you are involved in any situation where you are arrested for the offense be sure you have a DUI lawyer in California or you could have a much harsher time than necessary.

Anyone who has been in an accident understands the confusion and sense of vulnerability that washes over you. It is a natural instinct to feel responsible in some way, but if you expect empathy from observers you will be sadly disappointed if the idea of alcohol even comes up as a consideration. Due to the huge number of extreme tragedies that have resulted from those who are driving impaired, the notion of innocent until proven guilty is tenuous at best once the spectre has been raised.

Our fervor to punish those who are driving after drinking is so intense that a person who is the victim of a sober individual who drove carelessly is more likely to be cited at the scene. It is not that officers of the law are intentionally unfair, only that their training and the political and popular climate is so impaired driver averse that they are quick to judge.

It is easy in hindsight to point to an individual that is arrested for drunk driving and conclude they made a bad decision for which they must now be punished. Looked at from an objective viewpoint however, we do not make it easy for an individuals to make the right decision, save the adage that if you have even one drink you should not drive. There is no objective way for a person leaving a restaurant or bar to assess the level of blood alcohol they have, so all they can do is ask themselves if they feel okay to drive.

In addition to the number of times this self determination has been proven an inaccurate methodology, there is also the very real circumstance that each of us react to levels of alcohol in our bloodstream differently. Further complicating this dilemma is the idea that the same person will have different affects on different days. Given these variations plus the notion that the determination is really up to the arresting officer who can make the call even if you are below the so called legal alcohol limit, and you begin to seethe precarious situation the suspected driver is in.

While no reasonable person will contest the prudence of all of us as a society taking every step possible to removing impaired drivers from our streets and highways, the means to protect those who are falsely accused must be as solid as our drive for safety. There are a number of medical conditions that would leave an individual in a position in which their sobriety would be challenged when they have consumed no alcohol whatsoever.

We have seen this rare mistaken event play out sensationally over the media when a women is subjected to force by an office who believes she is inebriated only to discover she is dangerously hypoglycemic. While the mistake is understandable and can even be justified, the resulting citation will place the unfortunate driver in the position of facing the laws formulated for an entirely different purpose.

Without regard to guilt or innocence, the inflammatory nature of a citation for drunk driving means that such a case will be pursued with vigor under the law. An individual who means well and tries to handle the situation by themselves is likely doing themselves a tremendous disservice. It has been said that he who represents himself has a fool for a lawyer, and that is definitely true in these situations. If you get arrested retain a DUI lawyer in California and give yourself an even chance.

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If You Have Been Caught Driving Under The Influence Of Alcohol, Contact An Orange County DUI Attorney

October 20th, 2010

If you have been charged with driving under the influence of alcohol, you will probably need to hire an Orange County DUI attorney. A DUI offense is very serious and if you are proved to be guilty, the aftermath can have a negative impact on your entire life. It can affect your job, your personal freedom, and your future.

An Orange County lawyer who specializes in DUI cases is fully conversant with the laws in the state of California. As such, he or she knows the legal process and court procedures relating to DUI charges. Therefore, this could have a major impact on the success or failure of your case.

After the charge has been laid, it is advisable to seek out a lawyer as quickly as possible. This is even more critical if injuries were sustained in the incident. If this is the case, you might need to find the best DUI attorney that money can buy. There are some important factors to keep in mind when choosing a lawyer.

Firstly, how much can you afford? An experienced DUI attorney who has a history of successful cases does not come cheaply. This does not imply that a less expensive attorney would be less effective. Some excellent attorneys are able to offer lower fees because they operate on their own and do not incur high monthly overheads.

A good way to make contact with a lawyer is through word of mouth. Speak to family members, colleagues and friends who have recently used an attorney. They may recommend one who has no DUI experience but this person can put you in contact with others. You could also get hold of the local bar association for a list of specialist lawyers.

Then, of course, there’s the internet. There is a big database of DUI attorneys who operate in Orange County. Visit a number of websites, read reviews and ratings, then make a short-list of potential lawyers. The next step is to call each of their offices and book a consultation.

This is a great way to gauge how you and the attorney interact with each other. It is very important to get along and that you feel confident with his or her abilities. Some law firms offer the first consultation free for this purpose. Discuss the circumstances of your charge and ask how the lawyer intends to formulate your defense.

Don’t make any decisions until you have consulted with all the possible candidates. This will enable you to keep an open mind until the time comes to make a choice. Weigh up what each had to say about your case, and take into account their fees, experience, qualifications and their success rate. Don’t ignore your gut instinct when making your decision. Remember that this is the person who is going to fight on your behalf.

In any circumstances, driving under the influence of alcohol is a grave offense. However, with help from an Orange County DUI attorney, there may be mitigating factors that will come into play. Your lawyer can focus on these and plead for a lighter fine or even for the charge to be dropped.

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