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DUI, Wet Reckless, Dry Reckless

By
Stephen Levine
0

Every state has a law against driving while under the influence of alcohol. However, the specifics of each states’ laws vary. For instance, in California, driving under the influence (DUI) and driving while intoxicated (DWI) is the same thing, but the law only uses the term DUI. This is different from other states where DWI’s might be a more serious charge and indicate a higher blood alcohol level.

If you have been charged with a DUI in California, another term you might have heard of is a “wet reckless.” No one can actually be stopped for or charged with a wet reckless. Instead, California has created this charge specifically to encourage people charged with a DUI to agree to a plea bargain rather than fighting their case in court. You might also have heard of a “dry reckless.” Each of these charges offers benefits over being convicted of a DUI.

In some cases, a person might benefit from pleading guilty to one of these charges. Whether you can lower your charges to a wet or dry reckless will depend on the specifics of your case.

What is the benefit of pleading to a “wet reckless” rather than a DUI?

Being convicted of a DUI will result in a mandatory suspension of your driver’s license, fees, probation, and potentially jail time. Pleading down to a wet reckless means you will not face a mandatory license suspension. A wet reckless indicates that the driver was driving recklessly, and that alcohol was involved. This does not necessarily mean you will avoid a license suspension since this decision is ultimately that of the Department of Motor Vehicles (DMV), but it does make it possible to avoid the suspension. Other benefits include decreased probation and jail time. While you can still a face jail time or probation, you can cut months from your jail time, and years from your probation by taking the plea.

There are limits to how much a wet reckless will benefit a person. For one thing, if you get another DUI, your wet reckless will be treated like a DUI for the purposes of imposing a harsher sentence for the repeat offenses. Additionally, your car insurance might not treat the wet reckless any differently than they would treat a DUI.

What is a “dry reckless?”

A dry reckless is similar to a wet reckless in that it is a lesser charge than a DUI, and that it does not involve a mandatory license suspension and can reduce fines, jail time and the length of a person’s probation. A dry reckless is preferable though because it is not an offense that increases in penalties if the person is a repeat offender. Also, insurance companies tend to treat dry reckless charges less harshly.

How can I plead down to one of these charges?

A wet reckless plea might be granted in cases where the BAC is near the legal limit of .08%, or where the case against you is not that strong. You are less likely to be able to plead down if you are a repeat offender. A prosecutor is less likely to accept a plea of a dry reckless. You might be able to plead down to a dry reckless if your BAC was not particularly high, and if the prosecution’s case is less than perfect. Your defense attorney will try to negotiate the best deal on your behalf. If you have been charged with a DUI, contact Milligan, Beswick, Levine & Knox LLP today at 909-798-3300 for a free consultation.

What to Do If You’re Involved in a Pedestrian Accident

By
Jessica Whitton
0

You are crossing the street, and out of the blue, you hear screaming brakes, and you hear a thud. Your body is flung forward, and you land with a painful crunch. At that moment your mind is racing.

Your body has released a flood of adrenaline into your system, and you are simultaneously furious and terrified. You’re not sure if the driver was drunk or just not paying attention. You feel confused, overwhelmed, and unsteady. You manage to sit up and thankfully, you are not seriously injured. So, what do you do next? In the article below, a pedestrian accident seattle attorney reveals the 5 crucial steps you’ll need to take.

Remain Calm

Immediately after impact, most people get into a fit of rage against the driver of the vehicle. They may start shouting at them and perhaps even crying at the same time. This commotion creates confusion and can escalate into a brawl, both of which will not help the situation.

Although your emotions will be on edge and you will be fighting feelings of anger and fear, try and remain calm. Examine yourself to make sure you can move and move out of the street and onto the sidewalk. Make sure to ask the driver to remain in place as well if they have not fled the scene of the accident.

Call the Police

Once you are off the street, call 911. In pedestrian accidents, a police report is the only evidence that will give you a persuasive case. Even if you feel okay, do not leave until the police arrive. If you do, the accident will become inadmissible to the police, and you will lose your chance at a compelling case.

Once the police arrive, give them your statement as slowly and calmly as possible. Try not to get emotional and shout as this may result in mistakes in the police statement. If possible, ask the police officer to go over the statement with you after you finish giving it.

Document as Much as You Can

Before leaving the scene, try and document the details of the accident. Take pictures of the car that hit you, your bike (if you were cycling), traffic signs, the street condition, etc. Although most of this “evidence” will not be used, some of it may prove useful when filing a claim with the insurance company.

Get Medical Attention

In such a situation, adrenaline and other hormones may blunt pain, and you may feel okay. Once you finish giving your police statement, immediately go for a medical checkup. Things like bone fractures may not be easy to identify and may need an X-ray.

Once it is clear you have no physical injuries, consider seeing a psychologist for a mental evaluation. Most motor accident victims get PTSD (Post Traumatic Stress Disorder), so it is important to get treatment for this if present.

Call a Pedestrian Accident Lawyer

Finally, seek the help of a pedestrian accident Seattle lawyer. While you can file a claim yourself and you will possibly get a payout, chances are you will get less than if a lawyer represents you. The reason is simple.

When you file the claim yourself, the insurance company, which has a massive legal team and other resources, will employ all these tools to pay you as little as possible. Having legal representation on your side can help balance this out.

Getting into an accident can be a life-altering event. If you are fortunate and do not get seriously injured, you can move on with your life relatively quickly. If you were badly injured, you would need substantial financial compensation to help adjust to the new state of your life. Following the steps laid out here can help make sure you do not come out of the situation empty-handed.

Who’s on my side when I’m in a car accident?

By
Brent Handel
0

After an injury, most people wonder who is on their side in a car accident. When you are in a car accident and dealing with various professionals you have never dealt with before, it is good instincts to ask this question.

When you are in a car accident, in addition to your personal injuries or bodily injuries which must be dealt with, there is also the matter of fixing your motor vehicle. If you are the innocent victim of a motor vehicle collision, then the insurance company for the other vehicle that was at fault must pay for your vehicle repairs as well as your personal injury claim.

You will often first deal with the “property damage” insurance adjuster on your vehicle and very often they will be very friendly and reasonable in dealing with your property damage claim which makes you think they are in fact acting on your side and in your interests. The reality could not be further from the truth. The reality is the insurance company for the party at fault acts against you. The role of the Insurance Adjuster is to minimize payment of any claim to you especially for your personal injuries in order to maximize the profits to the shareholders of the insurance company. If you are in a jurisdiction where the insurance companies are not private, the same principles still apply as the Insurance adjuster is trying to minimize payouts in order to minimize costs of the insurance company if it is a government insurance company.

Therefore, you need to be aware that even though the Insurance Adjuster will often try to be very friendly and make you think they are acting for you or on your side, they are not on your side, they are acting against you in trying to minimize the claim.

Once you understand this dynamic, then many of the frustrations involved in a property damage claim and a personal injury claim become readily explainable. Often when people phone us they are very confused and upset because they felt like they were negotiating in good faith with the insurance company and yet when the negotiations became intense it began clear that the insurance company was not acting for them, but they were still puzzled by this because all along they thought the insurance company was going to be fair with them, but in the end, they were not!

The only way you can be certain that a professional is acting solely in your interest is if you hire a professional to act solely for you. Therefore, in a personal injury claim, you must go out and hire a personal injury lawyer who is acting for you and only you and then you will be assured and certain that the personal injury lawyer will have your best interest as his or her priority.

In many jurisdictions when you hire a personal injury lawyer, the lawyer is hired on a contingency fee basis which means:

1) the fee is contingent upon them being successful and thus they are motivated to succeed or else they won’t get paid;

2) the contingency fee means they are not paid until there is a settlement;

3) Then when there is a settlement the contingency fee is a percentage of the settlement.

The percentage aspect works in your favour as well because if you think about it since the lawyer is being paid a percentage of the settlement amount, the larger settlement the lawyer can achieve for you means that lawyer on a percentage basis will then also have a larger fee. Thus, you can rest assured that the lawyer is acting in your best interest as your interest and the lawyer’s interest are aligned in order to achieve the best possible settlement for your claim.

In the end, follow your instincts – you know something is not right with the way the negotiation has been going between you and the insurance company. Listen to your instincts and do the smart thing and hire a personal injury lawyer who acts for you, and only you, and therefore will make sure you get the best possible settlement.

Importance of Maternity Leave

By
Jack Nichols
0

According to a report published in the American Journal of Public Health, approximately 273,000 women in the US took maternity leave every month, on average, between 1994 and 2015. What is rather interesting to see is that this trend has remained stagnant for the past 22 years, and has shown no downward or upward move during this time, said CBS News in January 2017. The bonding time between a mother and her child during pregnancy and at birth is irreplaceable.

The report also stated that 47.5% women who took maternity leave in 2015 in America were compensated for, representing a 0.26% increase year over year.

Interestingly, the number of men who have started to take paternity leave has drastically increased. In comparison with 5,800 US men in 1994, 22,000 men per month took paternity leave in 2015.

The reason not many women are considering maternity leave is that they fear that even if they take leave under the Family Medical Leave Act (FMLA), they could face retaliation, where an employer could harasses and create a hostile work environment for them, based on the employee’s pregnancy, childbirth, or medical condition.

According to leading attorneys in Austin of The Law Offices of Quentin Nichols, a leading firm of employment lawyers & discrimination attorneys in Austin and Houston, Texas (TX), the Pregnancy Discrimination Act (PDA) protects female employees and applicants from discrimination due to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth, which gives a woman every right to enjoy this beautiful phase of her life.

Family Medical Leave Act (FMLA)?

The federal government passed the Family and Medical Leave Act in 1993. The act provides eligible employees 12 weeks of unpaid time off during the first 12 months after the birth of a child to care for the new born, or for specified family and medical reasons like an injury during birth, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Why Maternity Leave is Important

Maternity leave is important because women need time off for their child. Needless it say, it is the most exhausting time, but childbirth is also the most precious experience in a woman’s life. Spending time with the newborn is equally beneficial for the parents and the child.

Various studies have shown that when the mother takes out time to bond with her infant, it improves the physical and mental health of the mother as well. It encourages breastfeeding, reduces the risk of caesarean deliveries and can even save the infant’s life.

Taking time off work for pregnancy and child birth becomes more than important, since during this time, most women are sleep deprived, due to the unexpected sleeping and feeding patterns of the newborn. This leads to postpartum depression in more than 10% of the women. When a sleep deprived mother decides to go to work in the morning, she adds to the existing stress and anxiety levels. The added work load can lead to other health conditions like fatigue, headaches, chest pain, inability to breastfeed and relationship issues.

This restricts the woman from effectively bonding with her child, which is highly crucial for their child’s overall development.

If you or any of your female colleagues has faced Family Medical Leave Act (FMLA) retaliation at the workplace, it is advisable to consult an FMLA retaliation attorney or an employment lawyer, such as those in Austin and Houston, Texas (TX).

Birth-Related Injuries and the Cost These Injuries Leave Behind

By
Justin King, Esq.
0

Birth-related injuries could occur through a variety of ways. At times, these injuries are genetic or can occur through other natural causes. Birth-related injuries, however, are avoidable when a medical professional has been negligent or has otherwise acted carelessly in the birthing process. The following are some of the most common examples in which a mother or infant can experience being injured by a medical specialist as well as the cost that these types of injuries leave behind.

Different Forms of Birth-Related Injuries Caused By Medical Negligence

The birth of a newborn is a difficult medical procedure that requires delicate care and attention on behalf of the medical specialist handling the baby’s delivery. During this procedure, both the infant as well as the mother require of special attention. According to a study conducted by the Centers for Disease Control and Prevention, there are an average of 5 infant deaths for every 1000 live births. While an infant’s death can be the result of many different things, being under the care of a specific medical specialist should never be. The following list highlights some of the most devastating medical injuries a newborn can undergo during birth

  • Folic Acid
    • While folic acid can be a vital nutrient that could help a newborn’s wellbeing, overdosing on folic acid can be dangerous. When a mother is prescribed the incorrect dose of folic acid during her pregnancy, this can have serious consequences.
    • Some of the most serious consequences that can happen from an overdose of folic acid can include, but are not limited to: a baby’s neural tube disorder, a premature birth, and even a miscarriage.
  • Reduction of Blood Flow
    • The birthing process is a medical procedure that requires attentiveness and care. A reduction of a baby’s blood flow can have serious consequences. In just a few minutes, a baby can suffer a tremendous loss of brain cells.
    • A few of the main causes of a reduction of blood flow include a mother’s overmedication as well as infections.
  • Intellectual Disabilities
    • A baby can suffer with lifelong intellectual disabilities if he or she suffered trauma before or during the birthing process.
    • The most common way for a baby to suffer from intellectual disabilities, beside genetic causes, is through suffering from a lack of oxygen to the brain.
  • C-Section Risk
    • A mother’s risk to injury becomes greater when she undergoes a C-Section delivery. Another vital moment in which a medical doctor should be cautious of during delivery is ensuring that there is no abnormal bleeding post-delivery and in the event that there is, making sure that the proper and reasonable steps are taken to ensure the mother’s wellbeing.
  • Wrongful Death
    • Both a baby and a mother can be injured during the delivery process, which can lead to the death of either patient.
    • A competent medical specialist can greatly help to reduce the mother’s and infant’s risk of death.

The Cost of a Birth-Related Medical Malpractice Injury

Both infants and mothers are susceptible to injuries caused by a negligent medical specialist and or other hospital staff. Their injuries can transpire both before and during the infant’s birth. Due to the sensitive nature of a pregnancy, many injuries can have permanent consequences. An infant’s injury can quickly result, but is not limited to, the following burdens:

  • Lifelong medical care
  • Inability to perform normal body functions
  • Physical disabilities such as the inability to see, walk, or speak
  • Mental disabilities
  • High medical costs
  • Costs related to other forms of specialized treatment
  • The inability to pertain to a normal standard of living

Mothers run similar risks when undergoing treatment at a medical facility. With the lack of reasonable care, a mother can face many life-changing disabilities or in a worst-case scenario, the mother runs the risk of infertility.

The Bottom Line

If you have suffered injuries during a pregnancy or delivery due to the negligence of the overseeing medical specialist, consult a qualified medical malpractice attorney. It is important to note that many states have imposed time restrictions that limit the window of opportunity to file a claim. These time restrictions are known as statute of limitations. Consult with a qualified attorney who can guide you through the process of filing for a birth injury medical malpractice claim.

Attorney Justin H. King has extensive litigation experience in the field of birth-related injury claims. If you were injured in the course of a pregnancy or through the delivery process, you may be entitled for compensation. The injuries sustained from a birth injury can leave you or the baby with lifelong consequences. It is vital to obtain the support of a qualified attorney who can champion for your rights. Attorney H. King has extensive experience in dealing with birth-related injuries. Birth-related injury claims are time sensitive; contact the support of a professional attorney as soon as possible.

The Implications of Having a Criminal Record

By
Joel Smith
0

Many people go through adolescence making mistakes severe enough that implicate a criminal charge. Unfortunately as teenagers, many fail to recognize the severity an action will have on the rest of their lives. Bing charged with a crime or convicted of one can have lifelong repercussions. The following are some of the most common burdens individuals could face for having a criminal charge or a conviction.

  1. Federal Student Aid

Unbeknownst to many adolescents, the U.S. Department of Education’s Federal Student Aid, limits student aid to those students who have a criminal record. While a student may or may not receive aid, the amount of aid he or she receives will be extremely limited. Further, there are particular grants and scholarships that an individual with a criminal record will not be able to qualify for, even with stellar grades. Lastly, in the event that the student with a criminal background opts to attend a private institution, he or she will not be able to apply for student loans, which could help pay for those college costs. 

  1. Federal Welfare

There are many restrictions an individual with a criminal background will face. While many of these restrictions vary by state, anyone who has been charged or convicted of a crime faces fewer aid opportunities than someone without a criminal record.

  1. Employment

Having a criminal record unfortunately leaves many people unemployed. Many individuals who have a criminal record will find themselves unable to obtain a job; even they have great resources, interview flawlessly, and have a great personality. While, every job applicant’s case will be different, countless of employers will refuse to hire an individual who has a criminal background.

Nearly all employers will use some sort of third-party vendor in order to obtain a jobseeker’s criminal history. The record the employer obtains will vary depending on what vendor they used. With a background check, an employer can discover an applicant’s arrest records, credit history, and even the individual’s general reputation. 

The Benefits of an Expungement

Expunging a criminal record or conviction is not for everyone and not everyone will qualify for one. Having a criminal record expunged, however, can offer many benefits to those who are seeking employment.

An expungement does not indicate that a criminal record will be completely erased from a person’s criminal history. In simple terms, an expungement will be shielded from public view, which includes most employers searching a person’s criminal history.

If you or someone you know seeks to petition for a criminal record expungement, one of the best resources to obtain is that of a qualified and experienced attorney. An attorney who has experience in criminal background expungements will be able to determine if the record can be expunged, the time restrictions to file for an expungement, and lastly, will be able to file the expungement for you. Further, in many states you may have the option to use the service of a “paralegal” or Legal Document Assistant for helping complete the paperwork and filing.

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