Defenses Against Speeding Tickets

Driving above the speed limit is not only illegal—it’s also dangerous. Speed limits are not just there to make your life inconvenient; they have been carefully determined by road safety experts to ensure the safety of all road users, including pedestrians, cyclists, motorcyclists, and drivers. When you drive above the speed limit, you will not only be putting yourself in danger; you will also be endangering the lives of other road users. That is why the law is often strict about punishing lawbreakers.

When you get a speeding ticket and decide to pay the fine, points will be added to your driving record. This can make your auto insurance premiums more expensive, as the insurer will consider you a risky and irresponsible driver. If you commit another traffic offense, the speeding ticket on your record will get you a stiffer penalty. As you rack up more points, you risk losing your license temporarily or permanently. That’s why you need to fight the speeding ticket. Below are the most common defenses against speeding tickets:

i) Question the Character of the Officer

In a traffic incident, the best way to put a dent in the case against you is to challenge the character of the main witness, the officer who wrote the ticket. If the officer has a tainted past—and nobody is perfect—you can put a dent in the case. You can be more assured of winning the speeding ticket case if you appear to be more believable than the officer. Fortunately, you can easily access the file of the officer in question, as this is your legal right.

ii) Question the Determination of Speed

Officers can use speed guns or pacing to determine whether a driver was driving above the speed limit. Fortunately, each of these options has flaws and can be challenged. For instance, the speed gun might not have been aimed properly. The maintenance and storage of this highly sensitive device might not have been done according to manufacturer recommendations. If the equipment has not been recalibrated in the recent times, as recommended by the manufacturer, you can win the case easily.

iii) Lack of a Speed Sign

If you were driving at a reasonable speed, which was higher than the speed limit for that section of the road, you can claim that the speed sign was either poorly visible or nonexistent. This will be easy for you to prove. By hiring a speeding ticket lawyer on Long Island, you can successfully fight a speeding ticket.

Who Can Help Me with My Drunk Driving Charge?

Driving a motor vehicle while intoxicated is ill-advised. It is dangerous, irresponsible, and illegal. You may end up hurting yourself or other road users. In fact, you may cause a fatality if you cause a collision due to your drunk driving. Imagine having to live with yourself knowing that your spouse, child, friend, or parent died as a result of your drunk driving. In some cases, accidents caused by drunk drinking often lead to paralysis or maiming, which is why the law is strict on drink driving. If you are caught driving while under the influence, you can expect to be charged with DUI.

DUI Charges

It is important to note that while all drunk driving is ill-advised, some drivers might have had a bottle or two of light beer or a glass of wine, while another driver might have had a bottle or two of hard liquor. Obviously, the latter is much more drunk than the former. While both drivers may be charged with the same offense, the latter will get a more severe penalty.

Common DUI Penalties

The most common DUI penalty, whether you are a first, second, or third offender, is a huge fine. Secondly, you will be required to install an ignition interlock device. Thirdly, you will have to spend a mandatory two or three days in jail after getting arresting. Depending on the nature of the charge, your license may be suspended temporarily for a few months. In some cases, the license may be suspended for a few years. In the most severe cases of drunk driving, the driving license of the suspect may be revoked.

When you have been arrested while driving under the influence with a minor inside the vehicle, you will be charged with a DUI felony. If you caused an accident that led to an injury or fatality, you will be charged with a felony DUI. Similarly, if you have more than two DUI convictions on your record, you can be charged with a DUI felony. This is a crime that comes with several years of imprisonment.

Who Can Help Me with My Drunk Driving Charge?

When you have been charged with a drunk driving offense, the first thing you should do is sober up before you ask for your one phone call. That call should go to Chicago Trusted Attorneys. Your lawyer will offer legal counsel during questioning, if need be, and represent you during the arraignment. After which, your lawyer will petition the court to release you on bond.

If the evidence to sustain the DUI or DWI charge is overwhelming, your lawyer will negotiate a convenient plea deal with the prosecution to ensure you get a lesser sentence.

Common DUI Defenses

One of the most effective DUI defenses your attorney can use is claiming the stop was illegal. By claiming an illegal stop, your attorney will be able to have the case thrown out of court. After all, if the arresting officer did not have any good reason to stop you, they basically harassed you, and police harassment is a more serious crime than suspected drunk driving.

Your attorney can question the method used by the arresting officer to determine whether you were intoxicated. This might have been a field sobriety test or a breathalyzer test. Whatever the case, a competent lawyer can poke holes into the evidence adduced by the prosecution.

There are many other DUI defenses that can be used by a lawyer to defend you. What is important is hiring a competent lawyer to defend you against the charges. Chicago Trusted Attorneys are always ready to help clients mount a potent legal defense to ensure they get a fair outcome.

What Qualities Make a Great Attorney?

If you are working with an attorney, you want the best possible representation and outcome, meaning that it’s important to work with the best attorney you can find. A good attorney has a good track record when it comes to successful cases, has knowledge of the legal system in your state, and is experienced in their particular practice area—whether family law, criminal law, or another legal area. A successful attorney keeps up to date with changing rules and guidelines.  But of course, there are several other qualities that make a good lawyer, although not everyone has these traits.

You may be working closely with your lawyer for weeks or months, and they may be representing you in court, and for that reason, it’s important to work with someone that you feel comfortable with. It’s a good idea to take advantage of the initial free consultation that almost every attorney offers; not only is it a chance to find out their experience, qualifications, and background, but also to find out whether they are someone you feel you can confide in and work with for the duration of your case. An attorney’s office can also give you some idea of how organized they appear to be, and how they present themselves to clients.

A successful attorney comes across as being competent and professional, but at the same time can put their clients at ease and make them feel comfortable. Another good quality is the ability to explain things clearly, without confusing or overwhelming the person they’re are talking to; it’s all too easy to baffle clients with legalese or jargon. Just as important is the ability to listen to clients and convince them that their case really is important and that it will be treated seriously.

If your case goes to court, you’ll want to have an attorney with courtroom experience, as well as one who is persuasive, confident, and comfortable in that environment. Good writing skills are important too; most attorneys spend much of their time writing; being able to write clearly and succinctly to get an important point across is an obvious advantage.

Good communication is also an important quality when it comes to choosing a good lawyer. As the client, you will probably have questions during the process, and it’s important that your questions and concerns are addressed accurately and promptly. Nobody wants an attorney who just doesn’t return phone calls or reply to emails. Just as important is the ability to keep clients informed every step of the way, to request paperwork or information from clients in plenty of time. If you are looking for a good attorney, look no further than Crain Lewis Brogdon, LLP.

Types of Bone Fractures

Bones are made to create a skeleton that anchors other body tissues. Despite the bone being fundamentally strong, it can still undergo wear and tear and trauma. Fractures happen when bones break, often due to a significant force-delivering impact. The physical force being exerted should be stronger compared to the bone for a fracture to happen.  

What is a Bone Fracture?

Bone fractures are medical conditions where the bone’s continuity ceases to exist. The bone need not completely break for it to be called a fracture. Even cracks are referred to as fractures. The bone could be partially fractured or completely fractured in different ways (lengthwise, crosswise, in multiple pieces).

Fractures are not rare. Your fracture risk depends on your age. A broken bone is quite common during childhood, though children’s fractures are less complicated in nature compared to fractures in adults. With age, your bones lose integrity and the chances of suffering fractures from falls increase.

Types of Fractures

There are different types of bone fractures. The most common ones are described below.

Transverse Fracture

A transverse fracture happens when the bone breaks perpendicularly to the bone’s long axis. Typically, this happens when a blow transfers a significant amount of impact that’s ninety degrees in angle to the bone. These fractures need treatment from an orthopedic trauma surgeon.

Oblique Fracture

Oblique fractures are characterized by a curved or diagonal break. These fractures are relatively common and vary in severity, based on the specific bone that’s affected and the fracture size. They tend to happen on longer bones, such as the tibia or femur. A sharp blow coming from an angle could cause oblique fractures.

Comminuted Fracture

A comminuted fracture is essentially a splinter or break of the bone in three or more fragments. Since significant energy and force is needed for fragmenting the bone, fractures of such kind happen post high-impact trauma, usually synonymous with vehicular accidents. The fracture could be quite serious, with bones in the feet or hand being the most susceptible.

Greenstick Fracture

Greenstick fractures are usually seen in kids whose bones have not developed fully yet. The soft bones of a child could break when they encounter a significant force, which could lead to bone-bending. At times, the bone’s outer side breaks while the remainder of the bone stay unbroken.

Stress Fracture

At times, athletes suffer from stress fractures that could seriously hinder athletic performance. These fractures are hairline cracks that may lead to major discomfort. Such fractures are usually caused by repeated mechanical stress and not a sudden blow or impact.

Pathologic Fracture

Pathologic fractures are caused by diseases that weaken bones significantly—osteoporosis being a leading cause. Osteoporosis patients have weak or brittle bones that make them more vulnerable to cracks or breaks than healthy bones.

Contact a Brooklyn broken bone attorney if you think your bone fracture was courtesy an accident.

Injured by a Government Worker? You Might Be Able to Sue

Sometimes, you can file a lawsuit against the federal government if you suffer injuries caused by the carelessness of an employee. Certain limitations, exceptions, and procedures apply, compared to if you filed a lawsuit against a non-government entity. An injury attorney in Richmond, VA can examine your case details and advise you on what course of action to follow, as well as the likelihood of you winning the case.

Sovereign immunity is a legal concept that often prevents people from suing federal government employees. Essentially, this concept rules that the sovereign government is exempt from responsibility and cannot be found liable in court. Nonetheless, a common way for people to circumvent this doctrine is to follow the Federal Tort Claims Act (FTCA) that exists in many states. Typically, the FTCA is meant to offer financial compensation for property loss, injuries, or fatalities resulting from the negligence of any government employees, but this act is constrained by a lot of conditions.

The careless act needs to have been carried out during the accused’s employment duties, and only employees of the federal government can be tried through the FTCA, not third-party, independent contractors. The claim must reflect the state laws where the incident happened. Typically, only negligence claims are permitted, rather than claims relating to deliberate misconduct (although deliberate misconduct claims can be made against some federal police officers).

Despite these restrictions governing FTCA lawsuits, millions of dollars are still paid out every year by the federal government to victims of such negligence. Therefore, if you believe your claim might be valid, it could be worth pursuing.

If a government employee fails to observe an acceptable duty of care, the accuser must demonstrate that they were performing their normal job role when the lapse occurred. If they were partaking in a leisure activity or doing something that did not fall within their official role, you might have to file a lawsuit against the accused person directly. Nonetheless, if they were carrying out a duty that is specified in their job description, you have fulfilled this criterion.

In addition, you must demonstrate that the employee’s carelessness resulted in your injury. This is known as demonstrating causation. If you have been injured due to something aside from the employee’s carelessness, you cannot expect the government to compensate you. Notwithstanding, if your injuries have arisen from the employee’s failure to do their duty, you are entitled to sue the government for damages.

Often, there are stringent time limits imposed for bringing injury lawsuits against the local or state government. In some jurisdictions, you must file your lawsuit within one month of your injuries. In other jurisdictions though, you might be granted two, three, or four months to make such a claim. In lots of states, the time limits for claims against towns or cities differ from those used for claims against states or state agencies.

What Is the Purpose of the Iowa Workers Comp System?

In Iowa, almost every employer is required to have workers compensation insurance for all their employees. Only a small group of employers are exempted from this requirement. Any employer who is required to have work comp insurance for their employees but fails to provide coverage can expect to face both criminal and civil penalties that can paralyze their business.

What Is Work Comp Insurance?

This is a type of state-mandated insurance that every employer is required to purchase on behalf of their employees to cover the cost of treating work-related injuries and related costs, such as missed wages and others. This policy provides a wide range of benefits, including medical benefits, temporary disability benefits, permanent disability benefits and death benefits. When an employee gets injured at the workplace or while working for their employer, they can expect to get guaranteed medical benefits to cover the cost of essential medical treatment for the injuries they sustained at work. If an employee needs time to recuperate, their employer will notify the state and the work comp insurer by filing a work comp claim on behalf of the injured worker. After processing and approval, the insurance company will pay the medical and disability benefits.

What Is the Purpose of the Iowa Workers Comp System?

Workers compensation insurance was developed with a number of reasons in mind. However, the system was primarily developed with the safety and wellbeing of the worker in mind. The first goal is to ensure workers who are injured at the workplace get proper medical treatment without having to worry about the cost. The second goal of the work comp insurance system in Iowa is to ensure work-related accidents do not recur, so employers are required to properly investigate accidents and take measures to ensure similar accidents do not recur in the future. The end goal is to improve worker safety.

One of the most important goals of the Iowa workers comp system is helping to ensure injured workers do not lose their job when they spend weeks or months recuperating. Before the system was developed, employers had to let employees go after they got injured. With the Iowa workers comp system, however, it is illegal for employers to fire injured workers or to retaliate against them.

Since injuries can lead to permanent disability, the work comp system ensures that workers who have been seriously injured and permanently disabled can live a meaningful life after sustaining serious injuries that have led to permanent disability. After all, the work comp system offers long-term disability benefits to injured workers.

Getting Work Comp Benefits

As you can see, there are many benefits and goals of work comp insurance. To get benefits after getting injured, you have to report the injury within 30 days. You also have to seek medical attention at a medical facility that has been selected by your employer. You must show that the injury is work-related to get benefits. Due to the complexities of the Iowa workers comp system, consider hiring a workman’s comp lawyer in Iowa to help you get the benefits you are entitled to.

How to Beat a Public Intoxication Charge in Texas

Public intoxication is also referred to as drunk and disorderly or public drunkenness. It can also be defined as intoxicated in public or drunk in a public place. This is monitored by both local law and state law. While public intoxication laws differ slightly from state to state, if an individual is found in a public place, and willingly becomes or appears to be literally intoxicated and is acting in a way that endangers himself or those around him, it’s generally enough to be charged with public intoxication.

Doing things such as blocking public walkways, while clearly intoxicated, can also provoke the exact same charge. While in some areas, simply being annoying to other individuals while intoxicated is grounds for a public intoxication charge.

These charges are not limited to individuals under the influence of alcohol, but also those under the influence of drugs or prescription medication including over-the-counter medication also be charged with public intoxication.

Unlike a DUI charge, this one does not require you to have specific levels of intoxication in order to attain a conviction. Simply appearing to be visibly intoxicated is enough to charge you. However, if you are arrested for public intoxication, you can fight the charge by using several public intoxication defenses.

The first one is the voluntariness of intoxication or in other words in order to be convicted of this crime, you must have ingested the alcohol or drugs willfully or voluntarily. However, if you claim to have been unknowingly drugged or otherwise involuntarily ingested drugs or alcohol, this is a complete defense to the charge of public intoxication.

While laws may vary from one state to the other, simply being found drunk in a public place is not illegal. Lots of adults have alcoholic beverages and tend to get drunk in restaurants, clubs, and bars. However, in order to be charged for this, they need to prove that you are putting yourself or someone else at risk or in danger.

Alternatively, if you are infringing on someone else’s rights, then this is grounds to be charged. If you can prove that your behavior did not meet the necessary level to be arrested for public intoxication, you can use this as a defense. If you are still wondering how to beat a public intoxication charge in Texas, you could benefit from hiring a Tarrant County criminal defense attorney to represent you.

Does Bankruptcy Resolve Tax Debt?

If you have outstanding debts that you cannot pay, then you might need to declare bankruptcy to stop the bleeding and start fresh. This will generally result in debt forgiveness, although the creditors can still get some amount in payments from your liquidated assets. Once the process is complete, the debtor will be free from all obligations. This is a simple free pass, however, as there are some undesirable consequences, such as a huge plunge in credit rating, a bad social stigma, and the aforementioned liquidation of assets. There are some debts that are excluded from this process as well, so you may be wondering, does bankruptcy resolve tax debt?

Tax Requirements for a Chapter 7 Bankruptcy

The short answer is: it depends. Some forms of bankruptcy have a bigger effect on taxes than others. There are also certain types of taxes that cannot be wiped out with this process. For Chapter 7 bankruptcies, federal income tax debts can be discharged only if you did not evade payments or commit fraud. The debts must be at least three years past their due dates and you must have filed a tax return for those debts for a minimum of two years before filing for the bankruptcy. This debt should have undergone assessment by the IRS 240 days or more prior to the bankruptcy petition. Note that federal tax liens cannot be discharged. You will have to pay them off before you can sell the properties.

Tax Requirements for Chapter 13 Bankruptcy

If you are planning to file this type of petition, make sure that you understand all the requirements. This will only be granted if you were able to file all tax returns until four years ago. While serving the bankruptcy process, you will have to continue filing every required return. If you cannot do this, then at least get an extension. Throughout the bankruptcy case, you will be expected to pay current taxes as they get to their due date. If you do not file returns or pay the current taxes during this period, then the case could be headed for dismissal.

Options for Resolving Past-Due Federal Taxes

The IRS provides people with other options for resolving issues with federal taxes. One is getting a payment plan which allows a person to pay the amount owed within an extended period. This can be requested by those who think that they can settle everything within the new time frame. Short-term payment plans can last 120 days or less. This does not require any setup fees, but interest and penalties will accrue until the balance is fully paid. Long-term payment plans last more than 120 days, and they may be paid via direct debit, credit card, money order, or check. Interest and penalties will also accrue. Existing payment plans can be restructured or reinstated.

Another option is called “offer in compromise”. This could be a better choice for those who cannot pay their tax debts in full. The compromise agreement will allow partial payment depending on the circumstances of the debtor. Among the factors that will be studied are the individual’s income, expenses, asset equity, and ability to pay. This method requires a person to be current for all payments and filings. Those who are engaged in an open bankruptcy proceeding are not eligible. Debtors must submit their offer along with the proper forms and fees. This offer will be accepted if the amount is deemed reasonable based on current circumstances.

If you wish to resolve your tax debt, then consult a tax lawyer for a thorough study of possible solutions.