5 Police Mistakes That May Lead to DUI Dismissal

Facing a DUI charge can be stressful and overwhelming. However, you’ve got to keep in mind that being arrested for a DUI doesn’t automatically lead to a conviction, especially if the officers involved made any mistakes when handling your arrest. With the guidance of your DUI lawyer, you can increase your chances of the best possible outcome in your case and possibly even get your case dismissed because of one of the five common police errors in DUI cases below.

DUI Checkpoint that Doesn’t Meet Requirements

Sometimes, police officers fail to follow the rules required for DUI sobriety checkpoints. If the police violate multiple guidelines, the checkpoint could be labeled unconstitutional. Checkpoints must be publicized in advance, supervised, have adequate staffing, have an unbiased procedure in place for stopping cars, have a drug recognition expert on site and have safe procedures in place to prevent the creation of a traffic hazard.

Failure to Show Probable Cause for an Arrest

Outside of a DUI checkpoint, officers must have what is known as probable cause before stopping a driver and arresting them. This means the officers must have a valid reason to suspect you before they pull you over. If they do not, evidence gathered at the time you were arrested could be tossed out of court.

Mistakes with the Breathalyzer Test

A field breathalyzer has an error rate from .005 to .02 percent, and officers can also make mistakes when they are administering them. It’s usually advisable to take this test if you are asked to do so–refusal could lead to more serious penalties down the road–but your breathalyzer could also yield results that are not consistent with your true blood alcohol levels as shown by more reliable tests, resulting in the breathalyzer results being thrown out of court.

Not Able to Show You Were Driving While Intoxicated

As odd as it may sound, it’s not always easy for police to prove to the prosecutor that you were actually driving while intoxicated. If you were in an accident with others and no one saw you driving, for example, you could have been simply a passenger and never had physical control over the car.

Ketosis Test Inaccuracies

Both the popular Keto diet and ketosis stemming from having diabetes can lead to trouble with the breathalyzer results. The metabolic process during which your body burns stored fat for fuel can cause ketones, and they are similar in makeup to isopropyl alcohol. When you take a breathalyzer, the ketones can be emitted via your breath and cause a false positive.

As noted above, there are several mistakes that police can make in your DUI case. Even if these missteps were unintentional, they could allow for key evidence to be removed from consideration in your case. Speak to a lawyer in Denver, CO about your case as soon as possible to see if any of the above mistakes could be factors in your defense.

Thanks to Richard J. Banta, P.C. for their insight into criminal law and breathalyzer tests.

My Workers’ Compensation Claim was Denied

Going to work is an important part of everyone’s day. Coming home is equally, if not more, important. But not everyone comes home in the same shape they left. Sometimes, we are victims of workplace injuries.

When you suffer a workplace injury, your sole focus should be on your recovery. The best way to do that is to work with a trusted workers’ compensation attorney who can help you maximize your recovery. 

What is workers’ compensation?

Workers’ compensation is insurance coverage carried by your employer. This insurance covers lost wages, medical expenses, and rehabilitation costs for employees who are injured on the job. 

Workers’ compensation insurance is no fault which means that it does not matter who caused the injury, the benefit is owed to you if you were injured on the job. However, there are exceptions. If you intended to injure yourself or someone else and you suffered an injury because of your actions, then you would not be entitled to workers’ compensation benefits. There are other exceptions and that’s why it’s important to speak with a lawyer today.

I filed a claim but it was denied. What now?

If your workers’ compensation claim was denied and you have not yet hired a lawyer, now is the time to do so. Waiting any longer could be detrimental to your recovery. 

Your lawyer will help you determine why your claim was denied and what steps you need to take next. But you have to act fast as you only have limited time after your claim was denied to file an appeal. A law firm is ready to help guide you through the process. 

Should I still see my doctor?

Absolutely. Just because your workers’ compensation claim is denied, that does not mean you suddenly get better. You still need to focus on your physical recovery and the best way to do that is to keep seeing your doctor.

Your doctor will also help you determine the best course of action for your recovery. They can chart a course for your recovery while we are working hard to ensure your workers’ compensation appeal is granted and you get the benefits to which you are entitled.

Do I have to go to the insurance company’s doctor?

Yes but that doesn’t mean it’s the only doctor you can see. The workers’ compensation insurance company can and often will require you to see their doctor for an independent medical exam. But you can still see your doctor, especially if you do not think the insurance company doctor is providing the best treatment.

Insurance companies are often pushy. Don’t let them push you around and tell you that you can’t see your own doctor. You can. And we can help make sure your doctor’s report is included in your workers’ compensation claim.

A law firm is here to help.

A lawyer can answer all of the questions above and the countless others you may have. Workers’ compensation is a complex legal process and we want to give you the peace of mind you deserve, knowing that your claim is in good hands. Contact a Milwaukee work injury lawyer today to get started.

Thanks to Hickey & Turim, SC for their insight into workers compensation and denied claims.

Is Your License in Jeopardy When You Get a Speeding Ticket?

Traffic laws represent the attributes every good driver should have and maintain, but no one is perfect. Every driver is likely to experience some type of moving violation during the lifetime of their license. Although, not all of those violations will equate to the removal or suspension of a license. Obviously, for serious offenses, such as a DUI, it is quite possible for a judge to revoke your license. However, is there ever a time when your license can be taken away for routine moving violations, and if so, is the removal permanent, or can your license be reinstated? The answer lies in the definition of a moving violation and the frequency of the improper use of your vehicle.

Routine Moving Violations

A moving violation is considered a breach of traffic law when driving. For example, rolling through a stop sign or running a red light. Also, speeding is a moving violation. These violations are considered routine and not necessarily reckless, although speeding is debatable. For example, a driver who is cited for going five or seven miles per hour over the speed limit is not as dangerous as someone driving 20 or 30 miles per hour over posted limits. The person driving at a higher speed may be cited or even arrested for reckless driving and possible endangerment, depending on the circumstances.

Excessive Violations and License Suspension

While a single speeding ticket, within reason, will not typically result in a suspension of your license, excessive violations might. For example, you may be allowed to receive two to three moving violations within a short window, but any more than that can result in your license being suspended.

If your license is suspended, that does not mean it is taken away for good. However, you will need to complete coursework or traffic education training before being able to reapply for a license renewal. Fortunately, most drivers are able to learn from a single ticket and do not typically repeat the same violation within a short time frame.

Traffic laws are in place to ensure the safety and responsibility of all drivers. Every time you put your key in the ignition, you are making a promise to other drivers that you will obey the law. Breaking those laws can result in a license suspension, especially for excessive violations in a short period of time. If your license has been suspended or you believe you were unfairly ticketed, consider contacting a traffic attorney, like a Criminal Defense Attorney in DC.

Thank you to the experts at The Law Firm of Frederick J. Brynn, P.C., for their insight into criminal defense law. 

The Purpose of Child Support Payments

When parents have decided to end their marriage, everyone involved will experience some degree of emotion. When children are involved and child support payments need to be arranged, both parents may feel an added amount of pressure. Child support payments are to ensure the child’s quality of life does not become altered after a divorce. Those going through the process should know what their rights are, as well as whether they are receiving the correct amount. If you have recently gone through a divorce and are trying to establish child support payments, it may be useful to speak with a child support lawyer.

The Purpose of Child Support Payments
Child support is a form of court-ordered payments. In general, they are paid for by the non-custodial parent to help their minor children. A family court judge has a duty to set the payment schedule and amount during the divorce proceeding. When a support order is given by the court, it is meant to assist the custodial parent with all of their expenses related to the children. 

As a child support lawyer might explain to you, child support payments are meant to purchase items such as:

• Food 
• Clothing
• Housing
• Transportation
• Schooling
• Childcare
• Medical treatment
• Extracurricular activities

The goal of child support is to help the child maintain the same standard of living they had prior to the divorce. It also helps to maintain a normal life and ensure all of their costs are covered. 

How Much Support Should Be Given
During the process, the custodial parents might wonder how much child support they should receive. There are different calculation formulas under the Federal Child Support Enforcement Act that parents must pay in different situations. It should be noted the amount of child support ordered by a judge can vary by state, and by the ruling judge. 

In general, parents might find it beneficial to speak with a child support lawyer who can explain how the formulas work and how they apply to your case. A lawyer can also support you in the courtroom and ensure that both you and the child are being treated fairly. 

How A Judge Determines the Amount

When a judge is considering the amount of child support to be paid, they may consider the following:

• The current custodial agreement
• The non-custodial parents ability to pay for child support
• The number of children involved in the case

Parents who have sole custody will typically be paid by the non-custodial parent. Whereas, parents who have joint custody will find the amount is based upon each parent’s ability to care for the children, as well as, their financial stability. In joint custody cases, the amount of time spent with the children will also likely be factored into the amount of child support to be paid. 

The objective of child support payments is to ensure the child’s quality of life does not change or decrease after the divorce. Because of this, the judge will review the child’s current life and way of living. This will be used to determine the amount of child support to be paid. The court might also determine whether or not this lifestyle is possible and adjust accordingly. Further factors that may be included in a judge’s decision include:

• Whether the child has any special requirements
• Vision care
• Dental coverage
• Health insurance

Workers’ Compensation Claim for Carpal Tunnel Injury

Work injuries are often readily apparent. A worker slips and falls or has some other type of accident that leads to an injury. However, some work-related injuries develop over time as the worker continues performing their job functions. When an injury is not straightforward, and is something that progresses and worsens over time, proving a workers’ compensation case is a bit more challenging. You will need a seasoned workers’ comp attorney on your side to help you navigate the ins and outs of such a case.

Here is some helpful information on the condition and how to file a successful worker’s compensation claim if you suffer from work-related carpal tunnel syndrome.

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is a disorder affecting the nerves in the wrist. It’s commonplace in office workers and staffers whose jobs involve repetitive hand motions. The carpal tunnel is a narrow passageway in the wrist surrounded by several small bones. The median nerve is usually protected by a ligament that arches over these small bones.

The median nerve has many functions. As one of the primary nerves in the hand, it extends down into the thumb and into the index, middle, and part of the ring finger. In specific circumstances, which are at times work-related, the median nerve suffers pressure and irritation as it passes through the carpal tunnel structure, producing the symptoms of carpal tunnel syndrome.

What Causes Carpal Tunnel Syndrome in Workers?

When the wrist, hand, or fingers are continually being used for repetitive motions such as twisting, pulling, or striking, the ligament may become inflamed put pressure on the median nerve. That compression of the median nerve may interfere with the use of the hand and wrist, and cause pain and numbness in the fingers and hand.

Carpal tunnel syndrome is considered a legitimate occupational disease and can be used as the basis for a workers’ compensation claim. Occupational diseases are chronic illnesses or conditions that manifest as a direct result of an activity that is part of an individual’s required daily work.

How Do I File a Carpal Tunnel Injury Claim?

Carpal tunnel is a genuine on-the-job injury. As such, workers who are affected by carpal tunnel syndrome stemming from work activities are entitled to bring a workers’ compensation claim to seek compensation for their losses. Workers’ comp benefits typically include reimbursement for medical bills and rehabilitative therapy, out-of-pocket expenses, and a portion of lost wages.

If you have symptoms of carpal tunnel syndrome and want to seek medical treatment, you must notify your employer immediately after your symptoms appear. Your workers’ compensation process begins upon your first report of the injury to your employer. With carpal tunnel syndrome, you’ll need to provide an approximate date when you first noticed your symptoms.

Once you’ve reported your injury, you will have to file a workers’ compensation claim, as well. Don’t miss the filing deadlines in your state. You are well-advised to hire a workers’ compensation injury lawyer from Law Offices of Franks, Koenig & Neuwelt to help you with this process and work to maximize your monetary compensation.