Everything You Need to Know About Prescription & Over-the-Counter Medication DUIs

Everything You Need to Know About Prescription & Over-the-Counter Medication DUIs

Alcohol isn’t the only substance that can affect your driving and get you in trouble with the police. A DUI, for most people, refers to a charge of drunk driving. In reality, however, you can be charged with a DUI for driving under the influence of any drug or chemical that negatively impacts your driving. It doesn’t have to be illegal drugs or chemicals, either.

Most people are aware of the dangers of drinking alcohol and driving, but many people might not think twice before taking medicine and getting on the road. A DUI for driving after taking prescription or over-the-counter medication is still a DUI, and it will have a lasting and negative effect on your future.  Consult with a prescription medication DUI attorney to see how you may be able to defend yourself against these charges. You don’t want this on your record.

Even if you can avoid a conviction, however, the fact that you were arrested and charged with a DUI will be with you forever if you don’t get it removed from your record. Potential employers might not care that it was an accidental DUI because you were taking cold medicine. A DUI is a DUI.

Per Se and Impairment DUIs

Specific laws on DUIs vary from state to state, but generally speaking, all states make a distinction between a “per se” DUI charge and an “impairment” DUI charge. When people think about DUIs, they often think about per se DUIs first.

A per se charge means there is evidence that the driver was beyond the legally-allowed level of intoxication. You can be convicted if you were shown to have a blood alcohol concentration of .08% or more.

An impairment DUI is not based on an actual measurement of the drugs in your system but on the observed effects that the drugs or alcohol have on your driving. This is generally where prescription drug and OTC medicine DUIs come in.

A law enforcement officer must observe that a drug or medication has a substantial impairing effect on your driving to qualify for an impairment DUI.

Finding Probable Cause

Because of the more ambiguous and subjective nature of impairment DUIs, it comes down to the police officer’s perception of your behavior. Regardless of what medications you do or don’t have in your system, the officer must have a reasonable suspicion that you are committing a crime or infraction to be able to pull you over.

They may see you driving erratically, weaving, or jerking back-and-forth, and they’ll decide to pull you over. While officers can assess alcohol levels on the spot with a breathalyzer, that’s not the case for other drugs and medications.

To arrest and charge you, they must find probable cause to think that you are under the influence of drugs. They can see the probable cause through your behavior, your words, or by the presence of the medications or anything else in your car.

Even if you get a zero on the breathalyzer, you may fail other sobriety tests, and those will be used as evidence against you.

If they arrest you on suspicion of impairment, they will likely follow up with a test of your urine or blood to try to establish the presence of an impairing substance. All states have an “implied consent” law that states that drivers have consented to potential testing by getting a license and driving on the roads.

You can refuse to be tested, but you will face other legal consequences as a result, and they may end up securing a warrant to be able to test you against your will.

Criminal Penalties

The excellent news about medicine-related DUIs, as opposed to alcohol-related DUIs, is that there’s less of a chance that your license will be suspended or that you will suffer other directly driving-related consequences through the DMV.

On the criminal side of things, you will still face the same possible legal consequences from the judge, however. If this is your first DUI, you will probably have to pay a fine of between $200 and $2,000, and you might spend up to a year in jail, depending on the circumstances of the case and your judge. Check the specific laws in your state to see how penalties may vary.

By far the most significant penalty for a drug-related DUI is probably the mark on your record. After you’ve paid the fines and done any jail time or community service, you will still have to carry that criminal history with you.

If you’re a repeat offender or you brought harm to a lot of people with your driving, your DUI might be escalated to a felony, which is a very serious criminal charge. In that case, a conviction will be more detrimental to your future career prospects and even your ability to vote in some states.

Defending Yourself

When the stakes are so high like this, it’s always worth it to explore your options and speak with an attorney to see what defense you might have against a conviction. If you took medicine without knowing it, or if there were no way you could have been aware of the effects the drugs would have on you, you might be able to contest the charge.

A drug-related DUI charge also relies on the evidence. If there is no concrete evidence of specific medication-use or you otherwise have no record of wrongdoing, you might be able to fight back against the charge or at least have it reduced from a DUI to a charge of reckless driving. The lesser charge includes less severe criminal penalties and doesn’t carry the same stigma as a DUI.

Educate Yourself

It’s not worth going through this solely for convenience or to give yourself some relief from your allergies. Before you take any medication, whether prescribed or over-the-counter, check the side effects, and consider if you’re going to need to drive — many medications advise not to operate a vehicle while taking the medication.

It may impair your driving if the possible side effects include nausea, blurred vision, drowsiness, lack of focus, dizziness or fainting, even if it doesn’t specifically mention that you should not operate heavy machinery.

Although a medication’s side effects may not include anything that affects your driving, it may interact unpredictably with other drugs you take. Talk to your doctor and pharmacist about all the medicines that you take and discuss your driving obligations.

They can tell you what is or isn’t safe. With their help, you can make a plan by either changing your driving habits or adjusting your medication schedule to ensure you drive safely and avoid breaking the law.

Divorce Process: Pros and Cons

Divorce Process: Pros and Cons

Everything looks fine when a couple starts dating. They sincerely care about each other, value the opinion of their partner, respect their preferences and personal space. If everything goes well, the couple gets married.

Not in all cases, but it happens that soon after marriage, disagreements start to arise between the husband and wife. Due to frequent quarrel, they ultimately file for divorce. It may sound astonishing, but it’s 100% true. These days, the number of divorces is growing at an incredible progression. More than 50% of all registered marriages in Russia fall apart.

Country Divorce Rate
Luxemburg 87%
Spain 65%
France 55%
Russia 51%
America 46%
Germany 44%
England 42%
New Zealand 42%
Australia 38%
Canada 38%
Iran 22%
Turkey 22%
Brazil 21%
Egypt 17%
South Africa 17%
Kenya 15%
Mexico 15%
Colombia 9%
Chile 3%
India 1%

In society, divorce is perceived as a forbidden, tragic and shameful. Still, married couples break the relationship. Is divorce really helpful? Let’s consider its pros and cons now.

Pros:

  • Waiting for Mental Peace & Happiness
    After a divorce, emotional breakdown, depression, and feelings of loneliness occur most often. But all these are temporary. Always keep in mind that time heals everything. Soon people begin to feel happier and more comfortable than ever.It doesn’t matter what type of pain you suffered in your marriage, a divorce may be a point of relief and start the healing process sooner or later. The real happiness after a divorce takes some time to come by.
  • Good for Your Health
    Being a married couple, you always think about family, kids, relatives and their well-being at all times.Divorce is a great opportunity to think about yourself, take care of your health and have proper rest. A carefree life saves you from nervous stress and unnecessary experiences.
  • Good for Kids
    All those spouses who live together for the sake of children do not understand how unhealthy relationships between both of them can negatively affect their children. Even if the outside relationship seems beautiful, children are smart enough to understand everything. Living in a troubled family will not make the child happy in any way.Children of divorced parents are more pleased and prosperous despite the fact that parents do not live together. Divorce is a great opportunity to pay more attention to your child and take care of his/her needs very well.If in a family, a person has to divide his attention between a spouse and children and is very difficult to strike a healthy balance.
  • More Possibilities for Personal Growth
    As divorced people become independent, they can easily deal with the pressures of everyday life. After a divorce, people can develop personal skills that can help them to improve the quality of life for themselves and their children sooner or later.Always keep in mind that marriage is associated with multiple responsibilities. So, you don’t spend enough time on yourself. After a divorce, you have lots of time for yourself. You can take a rest and revitalise yourself for a new life.
  • Freedom
    When was the last time you went out to have a drink with friends/relatives/co-workers or visit the spa? Even if you thought about it, you did not do it to save money or simply the lack of free time. Divorce gives you complete freedom unnecessary responsibilities
    No one is going to restrict your movement. You can do whether you want, like going to a gym, meeting friends, touring a foreign country, etc.
    Sometimes you could not always afford to meet with friends and due to that not able to share your problems. Even, your text messages considered of a set of banal phrases. So, with regards to regain your identity and open your heart to communicate, you need freedom.

Cons:

  • Financial Problems
    Financial problems are one of the most negative consequences of divorce. As per rules, you have to pay a fixed monthly compensation amount to females. Plus, she can ask for a ½ share in each and every shared valuables and property.
    This can make your financial condition fragile and affect your savings greatly if you live on a fixed monthly paycheck and you have lots of responsibilities to shoulder.
  • Physiological problems for Teenagers
    Parental divorce has a negative effect on both pre-schoolers and teenagers. Sooner or later after the divorce, they start to feel its impact. Due to the absence of a father or mother, the baby can often change his/her mood and become obstinate.
    The worst thing for children after divorce is mom and dad can’t make contact with each. They can’t compromise between two quarrelling parties.

    Many fathers would like to meet their children once a week and maybe even more often, but there are quite a few mothers who allow this. Some mothers consider such meetings undesirable and counterproductive. Needless to say, such parental behaviour can have a bad effect on the personal and mental development of kids.
    Children from an incomplete family are often under moral and psychological pressure from children from complete families and this often leads to the development of their feelings of self-doubt and even bitterness and aggressiveness.

Final Words

Divorce is difficult and unpleasant under whatever circumstances it happens. These are some pros and cons of divorce. You do not need to ruin your life after a divorce. Start your life afresh and rush towards new goals. Happy Life!

 

Author Bio:
Alyssa Smith is a lawyer in Clarkson working for Frost And Associates – One of the best law firms. She is a part of the law team for handling all the family-related cases. In her free time, she loves to share her experiences about legal bits of advice & services.

Just What Do Criminal Defense Attorneys Do Exactly?

Just What Do Criminal Defense Attorneys Do Exactly?

The function of criminal defense attorneys and lawyers is the representation of anyone charged in court with a crime.

These crimes can range in their severity from misdemeanors up to felonies. Punishments also vary in their severity from community service and cash fines up to years spent in prison or even being sentenced to death.

It’s crucial that anyone charged with having committed a crime have representation during their criminal proceedings. As a matter of fact, the United States Constitution holds within it the promise that every citizen who is charged with a crime is to be provided representation. If you’re looking to retain the services of a criminal defense attorney or you already have, then you should know what kinds of services they might be able to perform on your behalf.

Expert Examples

Once a criminal defense attorney like Marriett Legal has had a chance to meet their client personally, then they need to try and get just as many details regarding the case as they possibly can. They can learn the case’s strengths and weaknesses by asking specific questions. This interview with the defendant needs to be both careful and thorough, as the answers and information provided will lead to potential defenses.

On top of asking pointed and direct questions to the criminal defendant regarding their case, the defense attorney needs to also investigate the case further in order to find any other potential means of getting their defendant acquitted. That often means questioning the police involved in the case about any procedures they used as related to the investigation they did. It might even include talking to any witnesses that have information regarding the case and even collecting their own information. All of this is added up to hopefully build a robust defense. If an expert witness is going to be used for this case, the criminal defense lawyer might conduct an interview with them regarding the testimony they might provide regarding the evidence that gets presented in the case.

Case Review

Criminal defense attorneys have the right to do a review of the prosecution’s case before it gets submitted to the assigned jury. That lets them find or poke holes in the prosecution’s case, as well as try to find any evidence that might refute the case of the prosecution, like hiring independent experts or labs in order to test the case evidence.

A defense attorney will need to study the theories and facts of the case carefully in order to properly analyze any evidence presented against the criminal defendant. They might choose to have evidence tested independently. Also, they might examine evidence to see if there happen to be legal theories working against a potential conviction of their client.

Defense attorneys need to stay in continual contact with their clients in order to explain developments to the case that arise or just keep them informed. The lawyer needs to ensure that all conversations with their client are kept confidential. Lawyers need to not only make sure that they are communicating case information to their clients but are doing so in a way that their clients understand the potential consequences and ramifications.

Jury Selection

Defense lawyers in criminal trials also handle the jury selection process. They might try to have certain jurors removed for cause if there is a belief they could have a bias against a defendant or even when they might just have a bad feeling about any potential juror.

Criminal defense attorneys have the responsibility about talking with their client and even the prosecutor about the status of the case at any given time. Negotiations with the prosecutor can happen in regards to a certain plea bargain. Criminal defense lawyers can sometimes help their clients secure deals that are more favorable because they would result in reduced charges or even less potential punishment.

Having said that, defense attorneys fight for their clients during an actual trial. Plea bargains might forego a trial, but they can also happen during a trial based on how each side is doing. A defense lawyer examines witnesses, handles cross-examination of the witnesses of the state, and attempts to convince the jury of the fact that the prosecution didn’t meet their burden of proof.

Plea Bargains

If any criminal defendant winds up getting sentenced for their crime, it’s either because they took a plea bargain agreement, or they were convicted by the jury or judge. In either case, the criminal defense attorney can still represent their defendant during the actual sentencing phase. The lawyer might discuss various factors which help the jury or judge to be convinced to put a limit on how much time the defendant will have to serve. They might even discuss potential alternatives to having to go through incarceration.

These aren’t all the functions or roles that criminal defense lawyers and attorneys provide their clients, but it covers most of them.

Legal Rights & Resources for Veterans

Legal Rights & Resources for Veterans

As a veteran, you are proud to let the whole world know that you served your country. Unfortunately, the effects of your service can sometimes take their toll on you.

Old war injuries can linger and make it difficult for you. Of course, there are many legal rights and resources you have that you may not be aware of.

As Veterans law legal representatives, we serve you because you first served us, and we want to alert you to some of the legal representation we can offer you.

First of all, it is important to note that our veteran disability advocate professionals are going to work to help you to receive some potential benefits possibly.

These would include such possibilities as Total Disability Individual Unemployability (TDIU).

As a disability advocate lawyer, we realize there is nothing more critical to the status of your claim than obtaining an evaluation that is favorable to your case.

Unfortunately, the VA has some physicians at their disposal, and to say they are biased against veterans and that they play favorites for the government would be an understatement. We have seen many reasonable veteran claims for benefits denied.

However, as VA disability lawyers, we are experienced in “leveling the playing field” and have won countless appeals for the veterans we represent.

For a veteran, it is essential to understand the ramifications of a favorable determination of eligibility for this benefit.

This means that he or she is entitled to 100% of the TDIU benefit if they can conclusively determine their disability was service-connected and prevents them from obtaining and maintaining substantially gainful employment.

This often means $3,000 per month or even more if the veteran has dependent children.

VA disability lawyers also exist to help veterans clear up any misconceptions they might have about obtaining benefits.

For example, many veterans believe that they must meet a certain disability percent threshold of 60% before they are eligible to receive benefits. This is not the case.

There is also a misconception that exists among veterans that if they are currently working, they are not eligible.

Again, this isn’t necessarily the case. It all depends on whether their employment meets the VA threshold of “substantial gainful employment.” If the veteran’s job does not rise above the federal poverty line, then more often than not he or she is still eligible.

Moreover, there are even some cases where a veteran could be working above the poverty and still be eligible as long as they are in “sheltered” employment.

This is a job where the veteran works for a business, is self-employed or is in a position where they cannot be fired.

Of course, the best way to sum it up is that if the veteran has a disability incurred from their service and it prevents them from getting or keeping a job, then chances are they are entitled to the TDIU benefit.

As you can tell, the VA does not make it easy for veterans to get this benefit. This is why we as VA advocates exist. We love the privilege of fighting for our veterans to have a better life.

Call us today for a consultation on your case!

How to Estimate an Injury Settlement

How to Estimate an Injury Settlement

In our previous article we covered factors that determine burden of proof during an auto accident injury suit. In this article we would like to pick up from right where we stopped and this primarily entails how settlements are determined in such suits.

We are therefore going to look at 5 factors that will be considered when estimating the dollar amount in an injury settlement.

1 Costs spent by the claimant on medical bills

This is a rather straight forward calculation because the claimant will be expected to furnish the court with documents such as receipts or invoices showing how much they spent on medical expenses following the accident.

2 The cost of future medical bills

In the event the claimant suffered from injuries that will require them to undergo medical care for an extended period of time, the cost of this medical care is calculated and a dollar amount determined.

3 Damages incurred to property

Following the auto accident, the claimant will need to furnish the court with invoices from either their insurer or a registered mechanic indicating how much damage their vehicle sustained and what it will cost or what it cost to repair these damages.

4 The loss of income

If the claimant was injured to a point that they were not in a position to work for a couple of days, weeks or months they will be required to tabulate and come up with a dollar amount for this lost income and present it to the court.

5 The loss of future income

In the event the claimant suffers injuries that will render it impossible for them to resume the work they were doing even after they are fully recovered then they have the option of making a claim for loss of future income. Just as in the loss of income scenario, a dollar value will be determined for this loss.

Once all this has been tabulated and calculated, should the claimant be successful in proving their case, they will be awarded their claim and the accused ordered to pay up in addition to other punitive measures such as jail time.

What You Must Prove in an Auto Accident Injury Suit

What You Must Prove in an Auto Accident Injury Suit

When you have been involved in an auto accident and sustained significant injuries, from a legal stand point, it’s the person who caused the accident who will be held responsible and they are required to compensate you for any damages to your body as well as your car.

It’s however noteworthy that these suits are usually not open and shut cases because the burden of proof will mostly fall on the victim. This essentially means that it’s upon you to prove that the other driver was negligent and caused the accident as a result.

We are therefore going to briefly look at what you must prove in an auto accident injury suit.

You must prove that it was the driver’s duty to be cautious

Reason dictates that once you are behind the wheel, it becomes your responsibility to ensure that you don’t endanger other road users be they motorists or pedestrians. Legally speaking however, it must be demonstrated in a court of law that the person behind the wheel actually had the responsibility of safeguarding other motorists.

You must demonstrate negligence

Once you have been able to convince the court that the responsibility to be cautious indeed fell on the driver, you must now prove that it was through their negligence that they caused the accident. This will require providing evidence such as pictures, video or witness statements showing the driver ignoring traffic lights, a stop sign, a speed limit sign and so on.

You must demonstrate that your injuries were a direct result of the accident

The court will not just take your word that the injuries you sustained were a direct result of the accident, you must produce evidence to demonstrate this. Such evidence will include photos or video from the scene as well as the doctor’s statement.

Once you have been able to prove all these in front of court the next step will be for you to demonstrate to the court the monetary value of these injuries so that it can be determined what you are actually owed.

Law – 4 Ways to Protect Your Claim When in an Auto Accident

Law – 4 Ways to Protect Your Claim When in an Auto Accident

Anytime you are involved in an auto accident that was the result of negligence by another motorist and the accident results in either injuries or damage to your property, you must act very fast to ensure that you protect your claim. This is because the defendant will do everything within their power not to pay up.

There is a couple of ways you can protect your claim and in this article, we are going to look at 4 ways you can do it.

1 Ensure that the police is involved

It’s advisable that if ever you are involved in an auto accident ensure that you immediately call the police to the scene. This is mainly for documentation purposes because the police will record and even investigate the incident and this becomes evidence you can produce in court.

2 Document the accident scene

If you are fortunate enough not to suffer very serious injuries, you must ensure that you document the accident scene through taking photos, videos and even contact info of potential witnesses. If you are not in a position to do this on your own, you can request the people at the scene to do it for you and ensure you have their contact info.

3 Seek the services of a personal injuries lawyer

Personal injuries lawyers are lawyers who have specialized in injury claims and they will therefore guide you through the process of filing your suite and arguing your case on your behalf in court. They are very experienced in such matters therefore you should always follow their advice.

4 Your claims must be reasonable

It’s unwise for you to try and make exaggerated claims because they will make you come off as disingenuous and this may negatively affect your entire case. Restrict yourself to making claims for damages and injuries that you actually incurred and that you can prove.

If you take all these measures diligently, you will have taken great strides towards positioning yourself for a successful legal battle.