Implied Consent In A DUI Charge Explained

Aug 25

When an officer flags you down for suspected DUI, the first thing they will do is have you undergo a breathalyzer test to determine your blood alcohol content (BAC). However, not everyone are willing to subject themselves to such kind of procedures. According to the National Highway Traffic Safety Administration, more than 20 percent of drunk driving suspects in the US refuse to take a breathalyzer test when stopped by a police officer.

According to the website of The Horst Law, refusal to take a chemical test after being placed under arrest subjects you to being charged for violating the law on implied consent. This rule states that if you have been arrested for DUI, you agree to be subjected to blood, urine, or breath tests for the purpose of determining your BAC. The law prohibits you to consult an attorney before the testing and the test should be administered as soon as possible from the time you were driving. The arresting officer chooses the test you will take but you can choose the additional tests administered by a doctor of your choice.

With implied consent, you can still be arrested for DUI even if you are not the driver. As long as you have physical control of the vehicle, it is enough ground for the officer to arrest you. In addition, the law says that you consent to taking a preliminary breath test even if you were not arrested. The result of the test will be used by the officer to determine if there is probable cause that you were indeed driving while intoxicated. While you can refuse to take the test, doing so would not help your cause as the officer may think you had been drinking. The law enforcer can use that reason to still arrest you.

When you are arrested, the officer will remind you that your license will be suspended if you refuse to take a test. For first refusal, the suspension will be valid for one year while succeeding refusals will result to license suspension for three years. The officer will then submit a sworn report to the Secretary of State detailing the reasons for your refusal.

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Wrongful Death

May 13

Five Georgia Southern University students who comprised of Savannah resident Abbie DeLoach, Millen resident Caitlyn Baggett, Leesburg resident Morgan Bass, Alpharetta resident Catherine Mckay Pittman, and Powder Springs resident Emily Clark, died on April 22, 2015 when a tractor trailer rig hit their vehicle as it was sitting in traffic on Interstate 16 in Bryan County.

Attorneys at the website of Ausband & Dumont say that the families of the victims filed a wrongful death lawsuit in May 2015 against U.S. Express Entities, the parent company of Mississipi-based Total Transportation and its subsidiaries, as well as Pooler-based Graywolf Logistics and the truck driver, who is Shreveport, Louisiana resident John Wayne Johnson.

According to investigations made by the Georgia State Patrol, the tractor trailer rig-car collision caused a seven-vehicle pileup.

The lawsuit stated that the truck that Johnson was driving should have contained a collision avoidance system that is designed to provide the driver with visual and auditory warnings that there are objects that are blocking the truck’s path. It claimed that the truck had been traveling at around 70 miles per hour and did not slow when it hit a Toyota Corolla that was occupied by Clark, Pittman, and Baggett and the Ford Escape that was directly in front of the Corolla that was occupied by Bass, Loganville resident Megan Richards, and Reidsville resident Brittany McDaniels. Richards and McDaniels survived the crash.

The lawsuit also said that people involved in the accident saw the “explosion of the fuel tank [that] engulfed the Toyota”. It also claims that there had been no bad weather, and that there had been no possible hindrances to Johnson’s seeing that there was traffic in front of him, noting “because he was drowsy or some other inexplicable reason, Johnson did not slow or stop…never applied brakes, never made any move to avoid a collision, before slamming into the rear of the Toyota at high speed”.

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Distracted Driving

Aug 06

Driving requires you to focus intently on multiple, constantly changing factors at the same time. You have to pay attention to not only your vehicle’s location, speed, and direction, but also the actions and intentions of vehicles, pedestrians, and bikers around you. According to, car accidents are one of the leading causes of injury and death in the US. Distractions increase your chance of being involved in an accident, so it is important to be aware of the different forms of distracted driving in order to keep yourself, your passengers, and the drivers around you safe while on the road.

The first type of distracted driving is cognitive distraction. This is where you might be looking at the road and there does not appear to be any distractions involved, but you are not focused mentally on driving. You could be thinking about what you need at the grocery store, something that happened earlier that day, or even just day dreaming about nothing in particular. If your mind is not focused specifically on the road, you’re distracted.

The second type of distracted driving is visual distraction. This is where your eyes are not focused directly on the road but rather something else. This could be something that is outside of the car such as signs or buildings, but it can also be inside of the car such as rambunctious children or a talkative passenger. Without your eyes focused on the road you will not be aware of sudden changes in the conditions, and an accident could be the result.

The last type of distracted driving is physical distraction. This is when your hands are not actually on the wheel or there is some other physical contact made on you that alters your driving. You could be reaching behind you for something in your purse, handing a drink to someone else in the car, or someone could have bumped your arm or pushed the back of your seat. Physical distraction is the reason why you should never eat, put on your makeup, or do any other activity in the car while driving, or else the distractions can result in a serious collision.

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The Risks of Unnecessary C-Sections

Apr 10

The World Health Organization (WHO) recently pointed out that there has been a huge increase in the rate of Caesarean sections over the last few decades. According to the report dated April 2015, the ideal rate for C-section operations in both developed and developing countries is at 10 to 15 percent. However, the rate of C-sections performed in the United States almost doubles this number. At present, the rate of births via C-sections in the U.S. is at 33 percent. According to a separate set of data from the Centers for Disease Control and Prevention (CDC), that translates to roughly around 1.3 million Caesarean section deliveries.

In their report, WHO emphasizes that these growing numbers is a cause for concern. The huge discrepancy between current C-section rates and the prescribed ideal rate show that millions of unnecessary C-sections are performed all over the world. While C-sections can be extremely beneficial when medically justified, unnecessary surgical births can cause more harm than good. As pointed out in the WHO report, the operation can lead to “significant and sometimes permanent complications, disability or death particularly in settings that lack the facilities and/or capacity to properly conduct safe surgery and treat surgical complications.” It’s crucial that medical professionals prevent such outcomes by resorting to C-sections only when the safety of both mother and baby are threatened by particular complications. One such complications is placenta previa—a condition where the placenta is obstructing the opening of the uterus, preventing the baby to be delivered naturally through the birth canal.

According to the website of the Ausband & Dumont Law Firm, physicians who endanger mothers and babies through a unnecessary C-sections can be held accountable for the carelessness of decisions. This is because doctors are continually held according to high standards accorded by their profession. By pursuing an unnecessary surgical procedure, they could end up causing unintended outcomes. This is particularly true when such redundant procedures lead to birth injuries or even wrongful death. In these scenarios, the aggrieved patient can decide to pursue just compensation through a medical malpractice suit.

If you are dealing with a similar problem caused by an unnecessary C-section, it’s best to consult with experienced legal counsel in your area.

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Birth Defects: Of Zofran and Cleft Lip and Palate

Feb 02

There is still a lot of prevalent prejudice in this world’s society still present today and a lot of that comes from the perception of physical attributes. Many people are criticized if their features are not totally symmetrical or have a culturally acceptable skin color. Ever crueler can people be towards those few unfortunate people who are born with physical defects.

One of these physical defects is being born with a cleft lip and palate. If the palate is not involved, then it is only called a cleft lip. This is commonly a birth defect and can be corrected via surgery. Should the medical procedure be a success, the child in question would not even bear the scar of this affliction upon growing up. However, this is a medical procedure that has been known to be costly and many families, already burdened financially, cannot bear the expense that this procedure will cost.

Though there are cases wherein the defect is due to a genetic anomaly, there has been newfound evidence that links the fetuses’ exposure to certain medications that cause this unfortunate situation for the child. According to the website of Williams Kherkher, Zofran is one of these drugs.

Zofran is popularly prescribed to people who experience nausea due to some illness or due to the fact that it is a side effect of some medical treatment or some other medication. Cancer patients, for example, often experience nausea after chemotherapy or radiation and are therefore prescribed this drug in order to steady their food intake.

Pregnant women are also people who experience constant nausea and often resort to this medication as it is quite effective and works quickly. However, there have been some cases linking some birth defects as a result of consumption of the drug with ondansetron hydrochloride during the early development stages of the fetuses. Some of these defects include cleft lip and palate, as well as potentially lethal defects such as that of congenital heart defect.

If you or someone you know is currently suffering from a similar situation, it is recommended to look for specialized legal assistance immediately in order to know what are the rights owed to you for having to suffer this kind of consequence from this medication.

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Criminal Defenses: The Woes of Juvenile Offense

Jan 27

Many of today’s youth have been under the impression that that they are invincible. It is imperative that children are given the proper guidance and tools in order to become assets to society as a whole when they grow up. However, with this devil-may-care attitude can come some serious legal consequences of which they are not aware. There may be some times in a child’s life when this ignorance brings forth legal consequences that could merit legal action known as juvenile offense.

In most parts of the world, including the United States of America, anyone under the age of 18 is considered a minor – a child. This means that these children are not to be held completely liable for their action, lest they are legally emancipated from their parents or legal guardians. This is a difficult case to defend due to the fact that there are many subtle intricacies that could shift the case, making the child get treated and convicted as an adult. A Collin County criminal attorney can tell you that if the defense of the child is not aggressively sought out, the child could be withheld rights and privileges as well as be limited in terms of educational and professional opportunities. After all, this kind of record cannot be expunged and a conviction will taint that child’s reputation and life forever.

Some criminal charges that a minor can be convicted for are drug possession, sexual assault, traffic violations, public intoxication, drug offenses, et cetera. For these crimes to be on record for any one person can be damaging, much more to a child; a case of this magnitude requires only the very best expert, specialized help in criminal defense.

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Medical Malpractice Cases and Settlements

Oct 17

Medical malpractice claims in the state of Oklahoma proceed the same way as personal injury claims do, although there are certain difference such as the statute of limitations. If the medical malpractice claim is directed towards a health care provider, then you have to file the claim within two years after the date of the injury. If the victim is a minor under the age of 12, the parent or guardian will have legal right to file for the medical malpractice claim; and if the victim is a minor but over the age of 12 years old, they have a year after they have turned 18 to file for a medical malpractice lawsuit but are prohibited to file a suit less than two years after the date of the accident.

Just as with many states, there is a cap on the amount of compensation given on a medical malpractice claim. Those who file for medical malpractice claims can be awarded both economic damages and non-economic damages. Economic damages refer to payments that would cover for tangible expenses (past and future medical expenses, lost income and lost earning ability, and other damages directly caused by the medical malpractice), while non-economic damages are “subjective” and would pay for pain and suffering, mental and emotional trauma, and loss of quality of life. An Oklahoma personal injury lawyer can help you put a dollar amount on non-economic damages, but every case is different. It is important to evaluate the extent of the injuries first before agreeing on a non-economic damages award.

As stated in the Oklahoma Statutes 23-61.2, non economic damages are the only ones that have caps on them. The maximum amount that a plaintiff can receive for non-economic damages in the state of Oklahoma is $350,000. The amount can only exceed the cap only in the event of a wrongful death claim following a medical malpractice with the court having convincing and clear evidence of actions of gross negligence, fraudulent intent, reckless disregard of the rights of others, or intent or malice to cause harm. The cap for non-economic damages does not affect the economic damages.

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Waiting Period Expunction in Texas

Sep 18

Chapter 55 of the Code of Criminal Procedure contains statutes concerned with expunction eligibility and procedures. According to the website of Ian Inglis Attorney at Law, if a person is charged but not convicted of a crime (acquittal), the record may be expunged at the petition of the record holder. It follows that those arrested but not even charged with the crime may be automatically eligible for expunction, but it is not as simple as that.

All arrests made by law enforcement become part of the official record, so a person who is arrested is said to have an arrest record. Under normal circumstances, if a person is arrested but not charged, the record of the arrest can be expunged when the case is over or the statute of limitations runs out. is However, there are cases that take years to be closed, if ever, and some offenses have no statute of limitations, such as murder.

Prior to the 2011 reform, individuals that have been arrested but not charged in the latter situation may not receive an expunction order, which can really put a crimp in one’s day. The 82nd Legislature made some significant changes in Chapter 55 back in 2011 which may provide some relief for those arrested but never charged with a crime.

The lawmakers came up with what is referred to as “waiting period” expunctions (Article 55.01(a)(2)(A)). This provision kicks in when after a certain length of time has passed between an arrest and a charge, the arrest record can be petitioned for expunction. For Class C misdemeanors, for example, the waiting period is 180 days up to three years for felonies. The petitioner should be able to prove that the case against him or her is no longer pending, meaning that there is no active investigation directed toward the petitioner.

If you have been arrested but never charged for an ongoing case and want to have the record erased, you should contact an expunction lawyer in your area to determine your eligibility. Petitioning for an expunction can be a complicated matter so it would be better to let the professional handle it.

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Xarelto Studies Designed to Expand Market

Sep 04

Despite thrice being rejected by the Food and Drug Administration (FDA), Johnson & Johnson and Bayer AG are pushing through with clinical trials to make a renewed bid to get approval for its anticoagulant product Xarelto (rivaroxaban) for acute coronary syndrome (ACS). The drug is already approved for ACS treatment in 40 countries outside the US, but the FDA is proceeding with caution with this one.

Perhaps this is because there is a rising tide of discontent against the drug with American patients; the first lawsuits have already been filed claiming that it posed unacceptable levels of danger to patients for its approved uses, primarily for management of atrial fibrillation, deep vein thrombosis, and clot prevention following hip or knee replacement surgery. According to the website of law firm Williams Kherkher, however, the exclusion of ACS as an approved condition for prescription is not limited to Xarelto but for all drugs in the same class, namely direct factor Xa inhibitors or xabans. This could partly be due to the fact that there is no approved reversal agent for this class of drug in case of serious adverse effects, such as uncontrollable bleeding.

The latest attempt by J&J and Bayer to get approval for ACS in March 2014 ran into trouble when the clinical trials presented to the FDA contained inconsistencies in the data that failed to clarify the extent of the benefits and risks of the drug, and the application was denied. Undaunted, J&J and Bayer came up with a different clinical trial design using one antiplatelet drug in conjunction with Xarelto instead of two which is thought will reduce the risk of blooding and will hopefully pass muster in the future. Aside from ACS, the two companies are also hoping to get approval for Xarelto for stroke and peripheral artery disease.

If the FDA issues approval for all pending applications for Xarelto, this would bring the total of all approved conditions for prescription for the drug to 12. That is a potentially huge market; Xarelto is already outpacing its competition for its approved uses. Whether it gets approved for more conditions, Xarelto is already taking a significant slice of the market. Not surprisingly, there are also a growing number of lawsuits being filed against the two companies because of the serious harm the drug has inflicted on some patients. If you have been seriously harmed from using Xarelto, consult with a Xarelto lawyer at once to find out what can be done to compensate you for your medical expenses and losses.

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How To Choose The Best Personal Injury Lawyer

Aug 25

It is important that you know many things when getting ready to take a personal injury case to court. You might feel at a loss and overwhelmed at the moment. However, this article is going to provide you with some helpful advice concerning personal injury law, and you need to keep reading.

Getting along with your lawyer is key, but there is something more you have to look for. According to the website of Pohl & Berk, you should choose an attorney who truly listens to what you say. If they ever appear to not be listening, don’t choose that lawyer. While they may think they know it all, typically people with that belief are those who know the least.

If you end up disliking your lawyer, remember you can fire him or her at any time! You should never feel stuck with a lawyer. If the job isn’t getting done, simply look for a replacement and move on. Your peace of mind is well worth the hassle of looking for a new one.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

One reason why getting to your trial quickly is beneficial to your case is that you will be able to get the money to pay your medical bills as they come due. Obviously, you can’t be in court if you’re still laid up in the hospital, but as soon as you can get there, you should get it over with.

You will now have a much better chance of making your case for a win with these tips. Remember what has been discussed, and think about those things as you meet with lawyers to determine your choice and win your case. It is time to get started now so you’re prepared.

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