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Can I Get A DUI If I Wasn’t Over The Legal Limit?

DUI charges can be a real pain. More often than not, we find ourselves in situations where we are tempted to drive even though we are intoxicated. ‘DUI’ refers to driving under the influence. Usually, one is charged with a DUI when the police catch them driving under the influence. It is considered a serious offense nowadays due to the possible ramifications of driving under the influence. DUI is a major cause of road accidents. Alcohol tends to make people overconfident, and they usually do not hesitate to jump behind the wheel in an intoxicated state. It can not only put your own life in harm’s way but also the lives of others. However, we are all humans, and sometimes, we do make mistakes. Fighting DUI charges can be a draining process. Moreover, the seriousness of DUI charges can vary from city to city or state to state. For instance, fighting DUI charges in Seattle will be a completely different experience from fighting the same in Washington DC. The consequences of a DUI charge vary according to the laws in that particular state and the context of the charge.


Consequences of a DUI charge


A DUI charge that sticks can have short-term consequences as well as long-term consequences. Short-term consequences involve suspension of driving license, community service, mandatory participation in DUI awareness programs, and even short periods of jail time. However, a DUI charge can also have serious long-term consequences that can ruin lives. To begin with, if you do get jail time, it will go on your permanent record and will show up in background checks. Your work can take a backseat due to all the hassles involved in fighting a DUI charge. Jail time, community service, court dates, etc. can have quite a negative effect on your employment status. It may also become a cause for your employer to give you the pink slip. Thus, it is better than a DUI charge, which is to be avoided at all costs. If you’re already stuck with one, it’s best to lawyer up quickly and face it head-on.


Can I get a DUI if I wasn’t over the legal limit?


The spirit of law regarding DUI guidelines revolves around a single purpose – to prevent accidents due to people driving while not in a condition to drive. Even if you’re under the legal BAC limit, you can be charged and face the consequences such as community service, jail time, or fines. It all depends on whether the legal system deems you to be impaired or not. If the officers who stop you argue in court that your behavior was characteristic of someone under the influence, and you were not fit to drive at that particular time, DUI charges can stick. However, the chances of police officers arresting you even if you’re well under the legal limit are low. Yet, that does not mean it cannot happen.


To avoid being stuck with a DUI charge, it is better that you opt for ignition interlock devices that prevent the engine from igniting if you do not pass the breathalyzer test. If you decide to get drunk, it’s better to have a friend or family member pick you up, or book an Uber. It’s better to not take a chance.

What Documents Do I Need To Provide Prior To Filing?

When you are in a financially bad position and have no other option, a bankruptcy filing may be the next line of action for you. Consulting lawyers for bankruptcy may initially seem like a hard choice to make, however, when you consider the harassment calls and collection efforts mounted by your creditors, you may have a change of heart. If you have decided on bankruptcy filing to help in discharging your debt, some documents are essential for finalizing the process. Having an idea of the needed documents can help you to plan better for what is to come.


Document Checklist For Your Bankruptcy Filing


For your bankruptcy filing, below are the needed documents you will be required to produce;


– Basic personal information

– Tax returns

– Income documentation

– Real estate information and documents

– Detailed and updated bank statements

– Vehicle titles and records

– Credit or debit records

– Alimony and/or child support verification

– Proof of credit counseling, and

– List of assets


How Bankruptcy Lawyers Help


Pursuing a bankruptcy process on your own can be complex and complicated. Having an attorney in your corner can help you to simplify the process while also guiding you through the potential legal minefield. Your bankruptcy attorney will help to determine which of the bankruptcy options is best for you as well as how to process the petition such that it is free from mistakes that can cost you time and money. With bankruptcy being a difficult process, your attorney can help to speed up the process such that it is completed in a matter of months.


Basic Personal Information


Documenting who you are is an important part of seeking bankruptcy. Providing correct information will help with the processing stage. You will be required to provide information like your full name, age, social security number, and others. You will also be required to show proof of identification when you meet with the trustee.


Income Documentation

Whether you are filing for chapter 7 or chapter 13 bankruptcy, you will be required to provide documentation of your income. This documentation will be used to categorize whether the petitioner falls below or at the median income level. People who earn above the median income may be unable to file for a chapter 7 bankruptcy except in a few cases. Petitioners will be required to provide pay stubs for the last six months prior to filing for bankruptcy. The petitioner will also be required to provide their last two w-2 forms. For self-employed persons, a copy of their profit and loss statement for the last six months prior to bankruptcy filing will be required. Those with other types of income including disability, social security, or investment income will also be required to provide detailed information about their earnings and from those income sources.


Tax Returns


In most cases, at least two years of tax returns are requested by bankruptcy trustees. Some applicants may be required to provide more as tax returns can be used to verify the petitioner’s income.


Real Estate


Depending on the state’s laws, you may be able to exempt certain properties or part of your housing equity from the process. However, to be sure, you should speak to a bankruptcy attorney in your state.

When To Hire An Elder Law Attorney

Attorneys for elder law from Farmington have a legal obligation to help clients, especially senior citizens through the complex legal processes involved in handling some issues they are faced with. In general, an elder law attorney is trained to handle several kinds of legal matters that pose a problem to the elderly community. They offer help with the legal aspect of their health, Medicare and Medicaid programs, guardianship, as well as in social security matters. As opposed to the popular belief that an elder law attorney only handles estate planning matters and other important financial details, they are also in charge of taking care of the legal aspect of issues that affect the quality of their elderly client’s life. Some other areas where an elder law attorney offers help include transitioning into an assisted living facility or nursing home as well as life planning.


When Do I Need To Hire An Elder Law Attorney?


Senior citizens will come to need the services and legal help of an elder law attorney at one point or another. However, the common pointers that indicate the need to contact, consult, and work with an elder law attorney include;


– When a senior is transitioning into an assisted living facility or nursing home for long-term care and wishes to set certain directives that ensure the security of their family and/or spouse’s future.


– When seniors need help with navigating the complex process of filing a Medicare or Medicaid claim or when they need help with a social and disability claim.


– When an elder is has been discriminated against in the workplace and wishes to file an age discrimination claim


– When an elder needs to put an estate plan in place to protect theirs and their loved one’s future.


– When seniors have been abused in their nursing home and wishes to seek a redressal


– When seniors need legal help, especially with housing issues like discrimination and home equity conversions.


What An Elder Law Attorney Does To Help


Elder law attorneys have the legal mandate to protect the rights and interests of their clients. In the discharge of their duties as an elder law attorney, clients can enjoy the following services.


Help With Understanding And Establishment Of Key Priorities


An elder law attorney can help clients to identify and establish their key priorities which will guide them in the further decision-making process. Clients who wish to plan their legacy will also get the needed help and advice from their elder law attorney to better understand how to tie their assets and wealth around their legacy.


Assist With Challenging Family Situations


Elders sometimes find themselves in challenging family situations. An elder law attorney offers help in cases where the elder has a mentally or physically incapacitated loved one and wants to be sure that they are provided for in their absence. Elder law attorneys also help clients with high-value estate or substantially wealthy clients to handle their retirement accounts and set up a plan that protects their family and loved ones. They can also help when the client decides to create a family care contract after moving in with one of their adult children or help curb access in the case of a child with a spending problem.

What Is The Difference Between A Felony And A Misdemeanor?

Most states in the United States classify crime into one of two categories, a misdemeanor or felony. Where a crime is classified depends on the seriousness of the offense that has been committed. Also, this classification can help a defendant to know what to expect in terms of the severity of punishment to be meted out on them if convicted for the crime. Understanding the difference between a misdemeanor and a felony can help defendants to better understand the severity of the charges against them.


What are Misdemeanors?


Misdemeanors, according to lawyers for criminal defense, are offenses that are considered less serious. Offenses like driving under the influence (DUI), shoplifting, domestic violence, possession of fewer than 20 grams of marijuana, indecent exposure, vandalism, and others are classified as a misdemeanor offense.


In some states, there are different classes of misdemeanor offenses and this is aimed at separating the severity of each offense committed. In such states where there are classes of misdemeanor offenses, first-degree misdemeanors are regarded as the most severe misdemeanor offenses while the second and third-degree misdemeanors are less serious respectively. Misdemeanor offenses are usually punishable by jail time and/or fines. For misdemeanor offenses, jail terms are most often served in a local or county jail not far away from friends and family.


Although some misdemeanor proceedings may be rushed, in most cases, they follow the usual trial process similar to any other case where the defendant has access to a legal counsel to present their case before a court. Defendants who are unable to hire private attorneys may be appointed a public defender who will take on their case and try their possible best to defend against a conviction.


What are Felonies?


Felonies, although classified by the degree of severity, are the most serious types of criminal offenses committed. A first-degree felony is more serious compared to a second and third-degree felony, however, irrespective of the degree, the consequences of a conviction are dire. Common felony offenses include sexual battery, murder or homicide, carjacking, grand theft, robbery, embezzlement, kidnapping, rape, and more. In many states, although not always necessary, a prosecutor is required to obtain an indictment from a grand jury before the defendant is charged with a felony. Convictions in a felony case often attract heavy fines and lengthy prison sentences.


Unlike in misdemeanor convictions where the convict is sentenced to county or local jail to serve their time, most felony convictions end in state or federal correctional centers. Inmates sentenced for felony offenses to prisons or penitentiaries are often shuffled around and transferred from one prison to another to accommodate for new laws or the demands of the prison system.


Conviction in such a case as this brings a wide range of consequences both in the present and in the future for the offender. In many states across the United States, persons who have been convicted of felonies are barred from purchasing or possessing firearms, practicing in certain professional capacities including as a lawyer, in the military, or as a teacher, and also barred from serving on juries. A felony conviction can also close doors to many employment opportunities that may otherwise have been juicy.


It is important to note that whether you are faced with felony or misdemeanor charges, the consequences are dire, and hiring an attorney is one of the best decisions towards getting a favorable outcome.


What Will I Be Able To Recover Compensation For?

If you have sustained injuries or losses because of someone else’s irresponsible behavior, it is necessary to file a claim in court to cover your damages. If you have lost your family’s bread earner, it can affect your financial and mental health terribly. There are several kinds of damages but not every damage can be compensated for. 

When it comes to getting your claims approved, it is never an easy job, and you always need a highly qualified lawyer to fight the case for you. If you are fighting for the loss of consortium case in Chicago, it can be challenging to get you the covering costs you deserve. It is essential to know what kinds of damages are eligible for compensation before filing a claim. Below are some of the major damages that can be covered through insurance or by the defendant. 


  • General Damages 


General damages are one of the most commonly fought for claims in the USA. These cases mostly involve intangible damages such as pain, loss of consortium, degraded quality of living. Most of the general damages cannot be calculated or have a precise amount to be covered. The law decides the compensation amounts of general damages after understanding the pain and suffering of the victim or the loved ones who have been affected. These cases can be more complex to resolve as there is no concrete proof of your loss, and it is recommended to hire an expert lawyer to get the best results.


  • Compensatory Damages


If you or your loved one has suffered a tremendous loss, suffering, or pain, you can easily file a compensatory claim and get the best possible compensation from the defendant. Compensatory damage is also known as “actual damage.” It is intended to compensate the plaintiff for loss of property or money due to the defendant’s actions. To cover your loss, the only things you need to have are proof of the accident and a great lawyer presenting the facts appropriately. With proper litigation, you can quickly get the compensation required. It is necessary to have a dependable and experienced lawyer. He will easily be able to identify your damage costs and present your case in court with the best techniques and tactics. 


  • Punitive Damages


Punitive damages are a monetary amount awarded to a plaintiff to deter the defendant and others from engaging in such conduct in the future. When you or your loved ones get injured or sustain life-long damage due to someone’s irresponsible behavior, the court can order the defendant to pay the extra costs. This way, the plaintiff can be fully compensated, and the defendant gets extra punishment for their misconduct so that they do not repeat the same thing in the future. While the exact limit varies from state to state, the court can only award a relatively reasonable and proportionate amount.

If you are looking for an experienced lawyer who can help you get your claim approved, contact the Phillips Law Offices experts today. 

Can Personal Injury Protection Be Applied Toward Automobile Passengers?

It’s common for individuals to get into an accident and to struggle with paying for medical bills, lost wages, and all the other costs that result from the injuries. Serious accidents are often a serious inconvenience, and it only takes one accident to transform the life of an individual. That’s why it makes sense to have personal injury protection insurance, also known as PIP. This insurance can help protect you after an accident and reduce the impact that major injuries have on your life overall. 


What is Personal Injury Protection?


Personal injury protection is a type of insurance coverage that gives you money to go toward your medical costs, your lost wages, and the other expenses that result from a serious accident. This protection is available to the policy-holder for most circumstances that result in a serious injury, but normally it’s part of an auto insurance policy. That means you’ll be protected if you get into a car accident. 


How Personal Injury Protection Works After An Accident


After you’ve been in a qualifying accident, you can make a claim on your insurance to help you pay for your medical expenses, your lost wages, and many other expenses that you’re stuck with after you’ve been injured. These policies come with a per-person limit for their coverage, but they still help with costs in a major way. 


This Insurance Protects Passengers and the Driver


Not only does this coverage protect the driver from unexpected costs, but it also covers the passengers in the vehicle as well for a certain amount. The coverage amount per person varies depending on the exact insurance policy, but everyone in the vehicle will be protected in the event of an accident. Most policies offer substantial coverage for everyone in your vehicle, but its important to look at the specifics of your policy and to discuss it with your insurance company to ensure that you end up with something that will adequately protect you and your passengers. 


Why You Should Still Hire An Attorney Even with Protection


Even if you have an excellent insurance policy, it’s still a good idea to hire a skilled personal injury attorney if you’ve been in an accident because of drivers in a different vehicle. If you’ve been injured because of someone else, a skilled attorney can help you build an injury case and lead you to a settlement. Consider the Bryce Angell Profile for a look at a well-known personal injury attorney that can help you successfully build an injury case that gets you a settlement. 


It’s a good idea to invest in personal injury protection, and having a policy will help keep your life running smoothly if you’re ever seriously injured, but that doesn’t mean you don’t need an attorney too. By having a skilled attorney and top-quality insurance coverage, you can achieve better results and safeguard your quality of life in the event that you get into a serious accident. Cover your bases, and you’ll be relieved that you did if you ever get into a serious accident. 

What are additional workers’ compensation benefits and how do I obtain them?

If you get injured in your workplace in most states, it is counted as a personal injury case and you’re eligible for some compensation benefits. However, you must note that the statute of limitations for personal injury cases in FL is about four years for most cases like this except for a few outliers like medical malpractice which must be reported within two years. Hence, you should report any workplace injury as soon as you can if you wish to benefit from insurance help and packages. In light of this, we intend to go through the various categories of additional benefit that awaits you in this regard.


As a start, every state has a distinct rule in cases like this but most places give four categories of benefits for workplace injury victims. The first is medical care. The insurance firm or company pays for all medical expenses related to workplace injury. It covers outpatient visits, operations, and drugs. If your situation requires the purchase of an implant, aid, or special equipment, your workplace benefit will also carry it. In some places, palliative care is also included in the package. Usually, the company will choose the doctor that will attend to you except in rare cases like emergencies where you’re permitted to go to any nearby physician. 


If you practice self-care or experimental therapy, you might not get compensated. If you do not like the doctor assigned to you, you can initiate a one-time change plea which must be granted within five days. If not granted, you can move on to another physician of your choice with full rights for compensation. The second category of workplace benefit is rehabilitation. This involves helping you shoulder the expenses incurred from physiotherapy and other similar treatment geared towards helping you recover perfectly. It also included extracurricular rehabilitation and assessment if you can’t continue with your former job. Hence, the firm pays for experts to get you prepped for a new and befitting job.


Disability is another benefit category. It involves compensating you for the time loss you incurred not working. Hence, your wages are paid as a result of your unavoidable absence from work. Temporary disability benefits are those that you get pending the time you will be fully fit. In simpler terms, you’re only getting paid for the times you can’t work according to the doctor’s recommendations. As soon as the doctor clears you for work, the compensation ends. As for the permanent package, it involves payment for a disability that wouldn’t get resolved based on time. This covers all injuries that impairs your ability to work but the cover is not forever. Most states have a limit.


Most states will pay you two-thirds of your normal wage as a disability benefit. You also will be exempted from income tax duties. The last category is the death benefit. This is compensation for the family members of a person that died from a workplace injury. The amount is based on the person’s salary while alive and funeral expenses are also covered. 

Is there a Time Limit When Filing a Lawsuit?

If you’re considering filing a lawsuit for a traffic accident, a personal injury, or something else, you might be wondering how long you have to file before the statute of limitations clocks out. The answer to that question is that it depends. There is a time limit for how long after an incident, known as the “date of harm,” you can file a lawsuit. This time limit is different, depending on the issue. Some lawsuit types are good for far longer than others. The time limit changes depending on the type of lawsuit you wish to file, and it’s important to be aware of the specific time limit that you’re working on within your state and county. 


What is a Statute of Limitations?

A statute of limitations is a period of time in which you can legally file a lawsuit for a crime or file charges for something. This term is different depending on the type of charges you plan on filing, but it’s generally a year or longer. If you’ve been injured recently and you’re planning on filing a lawsuit, be careful to file within the statute of limitations, so you don’t miss out on your opportunity for remuneration. It’s generally better to file as soon as you can, but don’t rush the process so much that you don’t have a case prepared with sufficient evidence for you to win. 


Do You Need a Lawyer to File a Lawsuit?

No, you don’t need a lawyer in order to file charges against another party. You can file all the paperwork yourself in order to file a lawsuit. It can be difficult filling out the necessary paperwork, though, and many people struggle with completing all the necessary paperwork properly in order to legally file charges against someone else. If you’re working with limited time, or you want the best possible chances for winning your case and receiving compensation, you should consider hiring an attorney to help. If you still aren’t sure whether hiring an attorney makes sense or not, consider this information. 


Is it Worth Hiring a Lawyer to Help with Filing Your Lawsuit?

Now that you understand how the statute of limitations works for different lawsuits, it should be easier to see why you would want to work with an attorney to help you file sooner. If you’re still wondering, why hire a law firm after an injury?” or you aren’t sure if hiring an attorney is worth the money, consider what would happen if you miss your filing window. You would completely miss out on the chance to file a lawsuit and to potentially get paid back for any damages you’ve suffered. 


In most cases, it’s worth spending the extra money to hire an experienced attorney to help you file a lawsuit. With expert help, you’ll be able to file sooner and have a better outcome overall compared to filing yourself and trying to win the case on your own. 

What is FINRA Arbitration?

Financial Industry Regulatory Authority is the body in charge of maintaining order over security firms and experts. They preside over thousands of branches and establishments in the United States. Usually, investors do have several claims against security experts and establishments. These claims are not settled in conventional courts; rather, they go through the FINRA arbitration process. The reason is that investors must sign as part of their contracts with these firms that any irregularities must be settled through FINRA arbitration. Although, this is not compulsory for unwritten contracts. Hence, these codes are used over all forms of arbitrations, just as the conventional court presides over most criminal cases. You can get in touch with FINRA Lawyer – Lisa Bragança for all cases of this type and expect adequate representation.


The maximum period you can file an arbitration claim is usually within six years from the occurrence date. If the arbitration board does not attend to a claim due to failed timing, the investor can proceed to a civil court. However, you must be conversant with the time frame for cases in your state as it varies from place to place. Usually, a judge or a set of jury decides the case in a conventional court. This is not the case for FINRA as the case is decided by a panel that is set up after a claim has been filed. Suppose the claim is over a hundred thousand dollars. In that case, there must be at least two public arbitrators with no expertise in the firm and a private arbitrator connected to the security niche in the panel. The private arbitrator must be armed with adequate knowledge about the security firm’s values and work ethics.


For claims less than a hundred thousand dollars, the panel will have one public arbitrator. If the claim is in the range of twenty-five thousand dollars or less, a hearing will only happen if the investor asks for one. The process of filing a claim starts with the investor getting a statement across to a FINRA branch. The officials there will communicate the claim to the concerned quarters. This claim must contain all important facts and recommended solutions. In addition to the claim, the investor must submit the agreement they signed with the firm and a token charged by the arbitrators. 


After this, the security firm against which a claim has been filed must give a response within a month and fifteen days. If they do not give one, it will be on record that they didn’t provide one and can’t present any at the hearing. The response must contain detailed facts, figures, and counterclaims. They can also involve external parties in the response as appropriate.


After a response has been gotten, a panel according to the claim’s amount will be set up. To ensure fairness, the arbitrators will send thirty random panel members to each parties’ counsel. The representatives can then remove and rank the names. The three top-ranked names will be selected. No party involved in the case can get in touch with the arbitrator without all parties’ presence. The last step is for the selected panel to bring a ruling. 

Can I Appeal a Misdemeanor Conviction in General District Court?

A misdemeanor conviction can feel like a severe blow, and it’s common for many individuals to accept their fate and move on at that point. This isn’t the only option available to you, though. If your case is tried in the General District Court, you have an opportunity for a completely new trial in the Circuit Court and another chance at being proven innocent. If you believe your case could be fought differently, or there are things you could change to improve your chances, it isn’t a bad idea to appeal the ruling and get it sent to the Circuit Court. There are some steps you’ll have to go through if you decide to proceed in this way, so it’s important to understand what you’re doing. 


File the Paperwork Quick

After the judge rules on your case initially, you only have ten days in order to file the paperwork for an appeal. This can be difficult for you to do on your own, but it will be easy to get all the necessary paperwork sent in with access to a lawyer for criminal charges in Roanoke. With a good lawyer on your team, you can get all the necessary paperwork in and pay the fees and bonds in order to move on to the Circuit Court. 


The fees for appealing your case are generally small and shouldn’t prevent you from appealing your case and trying again. Most courts charge less than $100 in fees, but you will have to check with your local court before paying anything to make sure you have the amounts right. 


Build a Better Case

If your original case at the General District Court wasn’t good enough to prove your innocence, you’d need a better case in Circuit Court. That means hiring a good lawyer and working closely with them to create a powerful case proving you are innocent. If you relied on a public defender before or you represented yourself, now is the time to bring in a private lawyer to defend you. Hire a proven trial lawyer that can build a solid case for you, and you could end up winning your case. 


When you go from the General District Court to the Circuit Court, you get to build a completely different case. This is one of the few situations that allows you to start over from scratch, and it’s a significant benefit that could change the final outcome of your case. The main thing to remember is that you need to build a strong case for yourself, and you should really work with a skilled attorney that will improve your chances. 


While you might feel like a misdemeanor charge is the end of the road for you, there are options available to you, and you can appeal the conviction. Don’t give up just yet; work with an experienced lawyer and find out how good your chances are and what options are available to you.