Month: October 2016

DWI and Drug Charges

In many states the distinction between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) is beginning to close. In the past, a DWI referred to having a blood alcohol content over a certain level while a DUI was under but still impaired. The state of New York currently cites a DUI when the driver has a Blood Alcohol Content (BAC) of 0.07 or less. A BAC of 0.08 or over is cited as a DWI and will typically carry with it harsher circumstances. Many states have done away with this system as they have gravitated towards a "No Tolerance" policy while operating under the influence. In these states, the driver is either impaired or they are not. Thus the meaning has drawn closer together or in some cases DWI applies more to drug use than alcohol. That differs from state to state. Click here.
A defense attorney is strongly advised for those that are cited for a DWI. A DWI can result in additional points, higher fines, loss of driving privileges, and increased penalties. Depending on the circumstances of the case, the defense attorney may be able to get the charges reduced to a DUI which will have considerably less impact. This is a reduction that needs to be fought for through legal avenues and is not something that is just granted under normal circumstances. The court will typically look more favorably on a driver that is a first time offender within the constraints that it is permitted.
A lesser offense may not require the use of a defense attorney to mount an effective defense. The accused can develop an understanding of the charges they are facing and work to prove that they did not fit the criteria. The accused does not have much to lose in that regard though a defense attorney knowledgeable in DUI cases may help generate a better outcome. A DWI is an entirely different matter. It is considered a quite serious matter that could result in harsh penalties. The average person simply will not have the knowledge they need to come to a successful resolution. Even those that are familiar are better served by an attorney that is emotionally detached from the situation. Learn more. 
It is best to get in touch with a DWI defense attorney as soon in the process as possible. The attorney serves as more than just legal counsel in the courtroom. They also provide support and guidance towards navigating the gray areas surrounding the process. The defense attorney acts in the capacity of a guide and a counselor for getting through the situation in general for the defendant and their family. Every person accused of committing a crime has rights. That lawyer will help protect those rights as they push towards a favorable outcome for their client. Representation may mean the difference between retaining limited driving privileges during the hearing process and having none at all. There is no quality substitute for a knowledgeable defense attorney when charged with a DWI. Visit site. 

 

Personal Injury Law – What Protection Does It Provide?

Personal injury law has provisions that allow an injured party to be compensated for any damages that were the result of another person's negligence, recklessness, carelessness or intentional acts. Emotional injuries, personal injuries and personal property damages are all considered to fall under the legal umbrella of a "personal injury." Click here to know more. 
This law is sometimes referred to as "tort law." Tort laws operate in the state as well as the federal level to protect an individual's rights.
Although there are many different kinds of torts, they all have three elements in common. If all of these elements are present, then a tort - or a personal injury - has occurred. These items are:
• A legal "duty" between the plaintiff and the defendant. This obligation is often implied or implicit.
• A breach of the legal duty.
• Damages that have occurred as a result of that breach.
One of the implicit laws of our society is that people in our country do not harm one another. By extension, not only should individuals be out of harm's way, but their possessions should also be safe from harm. Know more. 
Under tort law, if your possessions are damaged then the party who is responsible for that damage will be liable for it.
For example: If someone throws a rock through a car window it would be considered to be an intentional act. In addition to being a violation of personal injury law, it could also be a criminal offense.
However, if you accidently dropped a rock from your window and it landed on a car, it would also be a violation of this law. However, it would probably be considered as a negligent act rather than being a criminal offense.
When someone violates personal injury law, they are expected to remedy the situation. In the eyes of the law, the term "damages" describes what the defendant will owe to right whatever wrong(s) have been done. In most instances damages are resolved either through a private settlement or insurance. However, some plaintiffs feel that a settlement offer will not adequately compensate them for their losses. Read here. 
If this situation arises, a trial will usually proceed so the Court can determine what if any, awards the plaintiff will receive.
As you might imagine, it often takes a certain level of legal expertise to carry out a trial in which the victim of a personal injury receives all the compensation that he or she is legally allowed. That is why a victim will usually speak to an attorney who specializes in personal injury law. Visit site.