What causes police to begin a DUI investigation during a traffic stop in Florida?

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Fort Myers, FL – After someone has been stopped for a traffic infraction, they may be investigated for drunk driving as well. Police receive training regarding how intoxicated drivers appear and behave, and noticing these signs will give probable cause to contact a DUI certified officer and begin an investigation. 

Indicators of impairment

When police notice certain behaviors that may lead them to believe that the driver is under the influence of alcohol or drugs, they call these indicators of impairment. Under Florida law, they will generally look for at least three different signs before asking the suspect to step out of their vehicle. These indicators can include bloodshot eyes, the smell of alcohol, the driving pattern before the stop, slurred or mumbled speech, the presence of open containers or drug paraphernalia in the vehicle, and admissions regarding where the person was driving away from. 

After suspecting a driver of being intoxicated

The officer usually orders the suspect to secure their vehicle and step out of the car. They are asked to complete field sobriety exercises on the scene to test their physical abilities to follow instructions and complete certain movements. Based on their performance on the exercises and their behavior and demeanor, the officer may choose to make an arrest. In Florida, there is no chemical test for the presence of drugs or alcohol until the person is already under arrest and transported to a police station that has the proper equipment for a test of breath, blood, or urine. 

Problems with this kind of investigation

Over the years, defense lawyers have found a number of problems with these procedures for finding and prosecuting intoxicated drivers. There may be innocent explanations for a person’s appearance, such as being tired or working around chemicals with certain smells that are similar to alcohol. Field sobriety exercises are often conducted on a poorly lit roadside with little room for the suspect to move around freely and without obstructions. Some individuals may not even have the athletic ability to complete the exercises even if they are totally sober. There have also been situations where innocent individuals have been arrested because there is no chemical test until after the arrest, and the suspect is not released even if their chemical test shows no alcohol or drugs in their body.  

Preparing a defense against DUI charges in Florida

Michael Raheb is an experienced DUI defense attorney who practices in Fort Myers. After an arrest, a driver who is facing criminal charges can contact the firm to learn more about how his office can help with plea negotiations or representation at trial. 

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

What are truck drivers required to do after an accident in Baton Rouge?

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Baton Rouge, LA – Truck collisions can be very dangerous because of the possibility of serious or fatal injuries to anyone involved. Because of this possibility and the potential for related problems, truck drivers need to receive special types of training to be able to operate their vehicles legally on the nation’s roads. The procedures that must be followed immediately after an accident can be a crucial factor in getting help to injured people at the accident scene.

Checking the area after a crash

Truck drivers are instructed to check the scene and the area to see if anyone requires medical attention. If there are any injuries or apparent serious damage to any vehicles, they should contact the police or emergency services through 911 immediately. Most drivers have some kind of first aid training, and they should check to see if anyone needs to be brought to safety. However, in some situations, improperly moving an injured accident victim around can cause greater harm or even paralysis. Whether the driver followed these procedures or not can be an important piece of evidence if there is a truck accident lawsuit. 

Damage to the cargo

Semi trucks can carry enough cargo at once that there are large dollar amounts to be lost in cases of damage or improper handling. There is also the possibility that hazardous cargo can cause serious issues if it is released onto an open road and infects the local environment. The driver may need to place signs or road flares near the truck and any spilled cargo to alert oncoming drivers of the obstacles. These actions are supplemented by the police after arrival, as they will normally be able to divert traffic away from the crash area. 

Contacting the trucking business

Once the area is secured, the driver will need to contact both their employer and the relevant insurance provider to report the collision and any other potential losses such as damage to the truck itself or the cargo. Many businesses choose to send another truck out to pick up the cargo and transport the driver away from the area. 

Lawsuits against the trucking company

If there are injured drivers, it is likely that the trucking company will be attached as a defendant in a civil lawsuit. The victims will try to receive compensation for their medical bills, lost income, and other losses that were due to the collision.  

Getting in touch with a lawyer after a truck crash

Miller, Hampton, and Hilgendorf handle lawsuits for clients who need to receive compensation after their accidents in the Baton Rouge area. An initial meeting is the best way for new clients to learn about the value of their case and other related matters.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Being Accused  Of A Hit and Run in White Plains New York

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If you have been accused of a hit and run in New York, you are in a serious predicament, and you need expert legal assistance. Depending on the type of hit and run you are accused of, you may face years in jail or hefty fines. You may also lose other rights and freedoms that will affect you for the rest of your life. 

 

If you’ve been accused of a hit and run in White Plains New York, get in contact with Darren DeUrso, Attorney at Law today. Darren has been defending the rights of those accused of crimes for decades and knows how to get results for clients. Having Darren on your side is a huge asset to minimize legal repercussions against you and avoid being taken advantage of by the legal system. 

 

What are the different types of hit and runs? 

 

These are the four main types of hit and run classifications you might be facing: 

 

  • Traffic violation: This is when the hit and run only involves property damage, and instead of getting out and exchanging information, you drive away. You can also be charged with a hit and run for purposely exchanging the wrong information.
  • Misdemeanor: This is when the hit and run involves an injury, and you drive away and/or if you exchange the wrong information. 
  • Class E Felony: This when you drive away from an accident that involved serious injury
  • Class D Felony: This is the worst possible type of hit and run. It’s when you leave the scene of an accident that caused someone to die. 

 

Leaving the scene of an accident usually results in higher damages sought by the plaintiff because someone getting hurt and then left alone means that it takes longer for them to receive medical attention, and therefore potentially exacerbating their injuries. 

 

What are the potential punishments? 

 

The courts will look at a variety of different things, including your criminal record, driving record, whether or not you were intoxicated, and the severity of damages. For leaving the scene of an accident where there is minor property damage, you could be looking at up to $250 in fines and potentially 15 days in jail. If you left the scene of an accident that caused fatalities, you may be looking at $5000 in fines and up to 7 years in jail. 

 

If the accident was caused by extreme negligence on your part, then you may be looking at a vehicular manslaughter charge which carries up to $5000 in fines and 15 years in jail. 

 

Do you need help defending yourself from a hit-and-run charge? 

 

Get in contact with Darren DeUrso today to see what your options are. 

 

Darren DeUrso, Attorney at Law

 

188 East Post Road, Suite 300

 

White Plains, NY 10601

 

Phone: (914) 772-8614

How are illnesses contracted in nursing homes in Iowa?

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Iowa City, IA – A serious issue for nursing home patients is the possibility of an infection or disease that quickly spreads among them. Because many of these people are already elderly and in poor health, complications from a sickness can be severe or even fatal if not treated quickly. Anyone who has been hurt or developed a serious illness in a nursing home has the right to file a civil lawsuit against the facility and its administration. The victim and their family can receive compensation for costs tied to additional medical treatment, relocation, and other losses. 

Environments that are dangerous

A nursing home is actually a dangerous environment in some ways because there are many people with weak immune systems living together in close quarters. There are also workers who interact with the general population, then have to work directly with elderly people, increasing the possibility of infection. Poor hygiene among residents and workers is another factor that increases chances that multiple people will be sick. Nursing homes are required to be cleaned at regular intervals, but sometimes mistakes are made or workers miss certain areas that can remain dirty for days. Formal inspections from government agencies happen at regular intervals, but an inspection every few months is usually not enough to catch these issues.  

Most likely types of infections

Digestive and gastrointestinal issues happen mostly due to contaminated food or unsanitary dining areas. Elderly people can become dehydrated or malnourished if they have constant vomiting or diarrhea. These illnesses also spread more easily among the elderly because their digestive systems do not produce as much stomach acid that kills bacteria as younger people. 

Sexually transmitted diseases are also a common problem in nursing homes that does not receive much public attention. The complications of these kinds of diseases are worse in elderly populations, and many people working and staying in nursing homes tend to falsely assume that STDs are not possible. The lack of potential pregnancies means that protection is generally not used either.  

Respiratory issues along with pneumonia are also a very common cause of mortality in nursing homes. Something as simple as a bad cold or flu can have disastrous consequences for a person with compromised immunity and a weak body. These diseases are also extremely contagious because they spread through the air or on surfaces, and are difficult to control once a few people in a facility get infected. 

Nursing home lawsuits in Iowa

Eells and Tronvold Law Offices is a trusted local accident firm in Iowa. People who have questions about the possibility of a lawsuit after any kind of injury can schedule a meeting to discuss their situation with a lawyer. 

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

Which roads are the most dangerous in the West Palm Beach area?

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West Palm Beach, FL – There are various road conditions that can increase the likelihood of an accident. These include traffic, bad weather, lack of a police presence, large intersections, construction work, intoxicated drivers, and high speeds. Certain types of roads are more prone to collisions than others because these conditions tend to be present regularly.   

Highways and interstates

All of Florida’s highways are known to be dangerous due to large amounts of high speed traffic, which can include huge semi trucks, motorcycles, and even pedestrians walking along these roads illegally. If a driver involved in a highway crash was speeding, it is much more likely that there will be fatalities or life changing injuries. Interstate 95 and the Florida Turnpike are known to have accidents regularly. 

Busy intersections

Some large intersections can have confusing traffic patterns, sudden stops at red lights, and cars turning against traffic going in the opposite direction. Palm Beach County has a number of different areas where crashes regularly happen due to congestion, backups, and visibility issues.  

Rural areas

Despite the general trend of accidents happening in places where there is a lot of traffic, rural roads are actually some of the most dangerous and likely to experience fatal crashes in the United States according to the federal government. Highway safety experts have attributed these problems in rural areas due to higher speeds on open roads, wildlife crossing rural roadways, less seatbelt use, and more drunk drivers. 

Palm Beach County has roads that go through rural areas in the western part of the county near the Everglades. 

Lawsuits that help accident victims

When someone is injured in a car crash, the legal process can help. All drivers can first contact their insurance company and make a claim. This will usually pay for property damage and some medical bills, but serious accidents often require the services of a lawyer as well. The personal injury attorney who represents the victim can ask for an amount from the defendant that covers medical treatment and recovery, lost wages and income, property damage, and non-economic losses due to pain and suffering. If the defendant was clearly at fault for the accident, the case may possibly end quickly with a settlement agreement. More specific information about dollar amounts and the duration of a lawsuit requires advice from a local attorney.  

Local injury attorneys in Florida

Smith and Vanture represent accident victims in the West Palm Beach area during the course of a personal injury lawsuit. Local clients can schedule a meeting with the firm to discuss their situation and determine if a civil case against the person responsible for a collision is necessary. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com

Sexual Harassment In Missouri Government Agencies

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Despite representing the will of the people, public offices can and do become lawless environments on occasion. In 2018, Missouri Governor Eric Greitens was forced to step down from the top position in the state because of troubling accusations. Among other things, he was accused of photographing a woman nude without her knowledge. He then allegedly used the photograph as blackmail, forcing her into keeping an extramarital affair secret. 

 

The woman in question was able to bring her story to the public forefront, forcing Governor Greitens to leave Jefferson City’s capitol building. Greitens has since announced his intentions to run again for public office, but the scandal is badly hurting his chances of reelection. 

 

If you were the victim of sexual harassment from someone serving in public office, get in touch with an experienced Missouri-based sexual harassment lawyer. Public servants are not exempt from the law and you may be entitled to compensation. 

 

Does Missouri have laws on sexual harassment? 

 

The Missouri Human Rights Act (MHRA) prohibits employment practices that discriminate against applicants or employees on the basis of sex. It applies to all employers in both the public and private sectors with 6 or more employees. Under the MHRA, sexual harassment is considered a form of discrimination. 

 

Additionally, Missouri is subject to federal laws prohibiting sexual harassment. Title VII of the Civil Rights Act of 1964 contains statutes that prohibit employment discrimination based on race, color, religion, sex, and national origin. This act applies to all employers, both public and private, with 15 or more employees. 

 

In order to invoke Title VII, one must file a claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of their last experience of sexual harassment. This can be a confusing or slow process, but an experienced lawyer in the field can make it much easier. Though the EEOC allows for 300 days, it’s advisable to file a claim as soon as possible to give credibility to your story. 

 

What qualifies as sexual harassment? 

 

According to the EEOC, sexual harassment can be defined as:

 

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical

conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual’s employment, or

  •  Submission to or rejection of such conduct by an individual is used as a basis

for employment decisions affecting such individual, or

  •  Such conduct has the purpose or effect of unreasonably interfering with an

individual’s work performance or creating an intimidating, hostile, or

offensive working environment.”

 

If those terms are confusing, you can think of sexual harassment as either “quid pro quo,” or “hostile work environment.” The former is when a superior in an organization tries to bribe someone with a promotion or pay raise in exchange for sexual favors, while the latter is misconduct like unwanted touching, rude comments, stalking, or sexual assault. 

 

Do you need legal assistance with a sexual harassment lawsuit? 

 

Connect with seasoned Missouri sexual harassment attorneys today to see what your options are. 

Sexual harassment lawsuits in Mississippi

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Victims of sexual harassment face unique obstacles in the state of Mississippi. Unlike most other states, Mississippi doesn’t have an explicit state-level law that prohibits sexual harassment. 

 

This means that anyone wishing to file a lawsuit for sexual harassment in our state usually has to invoke federal laws rather than citing any sort of state-level legislation.

 

What are the federal level laws on sexual harassment? 

 

The main law cited in most sexual harassment lawsuits is Title VII of the Civil Rights Act of 1964. 

 

The law protects “employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment.” 

 

Under Title VII, sexual harassment is considered a form of discrimination based on sex, and is treated as such.

 

What exactly is sexual harassment? How do I know if someone has done something illegal to me? 

 

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

 

Since this can be a subjective set of terms and definitions, we can simplify sexual harassment lawsuits by breaking them up into two categories. These are: 

 

  • Quid pro quo, and 
  • Hostile work environment

 

Quid pro quo is when a superior at work asks for sexual favors from someone else in exchange for some kind of job benefit like a promotion, pay raise, or bonus. Hostile work environment sexual harassment is when someone is subject to some type of sexual misconduct like unwanted sexual advances, touching, stalking, or even rude and lewd comments. 

 

With hostile work environment sexual harassment lawsuits, sometimes plaintiffs lose credibility in their claims when it is revealed that they were in a long-term, consensual relationship with the defendant. Usually, in order to establish that a crime took place, the plaintiff has to have made the defendant aware that their advances were unwanted. This is how courts discern between harassment, and simple relationships or “hookups.” 

 

Things that are usually not considered sexual harassment are: 

 

  • Asking someone on a date
  • Non-sexual compliments
  • Suggestive eye contact
  • Giving gifts

 

How do I begin the legal process? 

 

In order to begin the legal process of a sexual harassment claim, you must first file with the EEOC within 300 days of the last experience you had. Filing with the EEOC immediately helps to build credibility, so it’s not advisable to procrastinate. Act quickly and call a lawyer if you need help navigating the bureaucracy. 

 

Compensation can come in the form of: 

 

  • Front pay
  • Back pay
  • Punitive Damages
  • Being rehired, reinstated, or promoted

 

Do you need help with a sexual harassment lawsuit in Mississippi? 

 

Qualified Mississippi sexual harassment lawyers are waiting to assist you, all over the state including Jackson, Clinton, and Gulfport. 

How to File A Sexual Harassment Lawsuit In Minnesota

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Sexual harassment is not something we should ever tolerate. This crime can leave lasting effects on one’s emotional and mental stability for a lifetime, and it can drastically alter the way they go about our lives. A large portion of incidents of sexual harassment go unreported due to the victims feeling afraid or embarrassed. 

 

The tide is slowly starting to turn, and as more victims speak out, others are starting to feel comfortable talking about their experiences as well. This is causing a chain reaction across the US. If you’ve experienced sexual harassment, you may be entitled to compensation under the law. Get in touch with an experienced Minnesota sexual harassment lawyer today to explore your legal options. 

 

Are there laws on sexual harassment? 

 

At the federal level, all people in the workplace are protected by Title VII of the Civil Rights Act of 1964, which considers sexual harassment a form of gender-based discrimination. Title VII more broadly prohibits “employment discrimination based on race, color, religion, sex and national origin.” 

 

The Act applies to all companies in both the public and private sector with 15 or more employees. 

 

To add an extra layer of protection against sexual harassment, most states have since created their own state-level laws that also pertain to the crime. 

 

In Minnesota, the Minnesota Human Rights Act prohibits discrimination in employment based on “sexual orientation (including gender identity), marital status, familial status, sex (including pregnancy, childbirth, and related medical conditions), and sexual harassment.” 

 

This state-level law protects everyone in all companies, regardless of size. 

 

What are the two main types of sexual harassment? 

 

Generally speaking, most incidents of sexual harassment in the workplace get broken up into two categories: 

 

  • Quid pro quo
  • Hostile work environment

 

Quid pro quo sexual harassment is when someone in a company or organization, usually someone higher in the ranks, tries to exchange a job benefit with someone in the lower rankings for sex or sexual favors. An example would be a CEO telling his secretary that he’ll promote her or give her a pay raise in exchange for her sleeping with him. 

Hostile work environment sexual harassment is when someone is victim to some type of behavior or act that puts them in a hostile work environment. This can occur in countless ways, but a few common ones are: 

 

  • Unwanted sexual advances, touching, hugging, kisses, groping, etc.
  • Stalking
  • Rude or lewd comments
  • Unsolicited pornography or nude photos
  • Spying on people getting changed 

 

How do I begin the legal process? 

 

Anyone wishing to file a complaint of sexual harassment must file a claim to the Equal Employment Opportunity Commission (EEOC) within 300 days, and may be asked to participate in an investigation. Whether you’re in the city centers, or out in Balsam, experienced attorneys are waiting to assist you in the process and put you on the road to compensation.

Do Florida couples have to attend mediation sessions before their divorce?

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St. Petersburg, FL – Various different methods of making divorces more efficient have been developed over the years by family law professionals. Mediation is a way of avoiding court formalities and allowing couples to resolve their disputes in a manner that tends to be quicker and easier than traditional court based divorces. Because of the effectiveness of this process, some counties in the state require mediation before the couple ends up in court. 

Couples who have issues with improper disclosure of income and assets, or other serious problems like domestic violence may require the traditional method of divorcing in court. Courts have more enforcement power than a mediator does. Specific legal advice should be obtained before deciding on any course of action. 

What is a mediation session?

The two members of the couple meet together with a neutral person who is supposed to function as a mediator, like a kind of neutral referee. This is essentially a form of negotiation where the mediator tries to get the two parties to agree to many issues as a form of dispute resolution. The mediator’s goal is to get through the process efficiently with as much agreement as possible. Members of each couple are usually given a list of what they will receive if their negotiation fails, which tends to make compromise more likely. 

These sessions tend to be fairly short blocks of a few hours compared with court hearings, and they can be scheduled much more conveniently. In an ideal situation, the couple can come up with a divorce settlement in just weeks, then the local family court can formalize this agreement and end the marriage in a fairly short time frame. The mediator or attorney can usually have a final agreement ready to be filed in court just days after the last mediation session. 

Procedures for mediation

Some firms in Florida also offer mediation even before the couple has formally filed for their divorce. This option can help the couple move on quickly if all of the important aspects of their separation have already been decided and can be presented to a judge for approval. In other situations, the couple can be ordered to go through mediation before they utilize the local family court’s resources. At least one final court hearing will always be necessary to finalize the divorce even when all matters are settled during mediation.  

Help from family law attorneys

The Law Offices of Yeazell and Sweet assist clients with their divorces and related matters in the St. Petersburg area and nearby parts of Florida. When a divorce is going to happen, legal representation is the best way for each party to protect their interests. 

Firm contact info:

The Law Offices of Yeazell and Sweet 

1901 Ulmerton Road, Suite 435, Clearwater, FL 33762 

727-851-9555 

yeazellandsweetlaw.com 

What is the purpose of bringing a negligence lawsuit after an accident in Tennessee?

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Nashville, TN – Motor vehicle crashes can be expensive for several different reasons. The victim will need medical treatment if they are injured, they may have time away from their job and source of income, and there can be property damage and vehicle repairs. The most likely way for someone to receive large amounts of compensation is a negligence lawsuit, even if the victim has car insurance. This is because insurance claims tend to be more limited both in the amount that will be paid out and the type of damage that is covered under a policy. Some claims may even be denied entirely.

The doctrine of negligence

A negligence lawsuit is a common type of civil action that makes a business or person pay the victim after a mistake that results in injuries. Each state has its own negligence laws, but they vary slightly in each jurisdiction. The four elements of a negligence lawsuit are a relevant duty of care, breach of that duty, causation, and damages or losses. All four elements must be shown, otherwise the plaintiff will not receive any compensation. 

Dividing fault after an accident

An issue in all negligence lawsuits is deciding which party was actually at fault for an accident. In many cases, two or more parties contribute to an accident, but a single party may not be entirely responsible for all of the damages. Many states have adjusted their negligence laws to account for this possibility. In Tennessee, a plaintiff can collect from a defendant as long as they were less than fifty percent at fault for an accident. Their percentage of fault will only be used to reduce their damages rather than block the lawsuit altogether. This means that a victim who is partially at fault can still collect some amount of compensation for their injuries. 

Settlement agreements

Most negligence lawsuits will end with a settlement rather than a full trial. This is because settlements tend to be a more efficient and cost effective way to end civil cases. Strong evidence of negligence by the defendant may cause their attorney to be more willing to close the case through a settlement if it appears that they would likely lose at trial. The benefits of a settlement are reduced legal fees and an amount of compensation that should cover most of the victim’s losses. 

Tennessee accident attorneys

The Law Office of George R. Fusner is a firm that handles all matters related to motor vehicle accidents and personal injury law. Residents of the Nashville area who need legal help can contact the firm to learn more about compensation for their losses. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com