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You must wear a SCRAM bracelet as a condition of probation following a DUI/DWI offense. Will the device detect even a small amount of alcohol in my system? How sensitive is it? SCRAM devices will usually detect if you have a blood alcohol content (BAC) of less than 0.02%. However, most jurisdictions say that you …
The difference between first-party and third-party auto insurance relates to who holds the policy and who receives its payments. First-party car insurance pays the policyholder compensation for covered losses. Third-party car insurance pays other people who have been hurt by the policyholder’s negligence. All states require motorists to carry at least a minimum amount of …
You were recently arrested for driving under the influence (DUI). Is a DUI a traffic violation like a speeding ticket? Or are you looking at a criminal offense? Most jurisdictions say that DUI, DWI or DWAI are criminal offenses. In particular, it is usually charged as a misdemeanor offense that can lead to up to …
You were arrested for drunk driving and find that your car is stuck in an impound lot. You are facing new impound charges every day. Can a police officer really impound a car following a DUI arrest? Yes. Most jurisdictions say that police departments have the authority to impound your vehicle if you are arrested …
Your child was recently arrested for juvenile drug possession. You now find yourself in the middle of the California juvenile justice system. What can happen? If your child was stopped or arrested for possession of drugs, the specific outcome of the matter will depend on the facts of the case. With that said, however, a …
You had to install an ignition interlock device (IID) in your car as part of a plea deal to a DUI charge. But you recently failed an interlock test after having a couple of beers with a friend. Is this bad? What can happen? The specific consequences for failing an ignition interlock test will vary …
A background check revealed that you were convicted of DUI two years ago. A potential employer is now asking for a disposition date for the offense. What exactly is this? With respect to a criminal case, the date of disposition refers to the date that a court made a final ruling on your case. The …
You were in a car accident in the City of Los Angeles and the insurance company is now requesting a copy of the collision report. How do you get one? Further, what does it show? You can get a traffic collision report from the Los Angeles Police Department (LAPD) by either requesting one online or …
Sexual harassment is usually a civil rather than a criminal matter. But it can become a crime if it is severe enough to violate criminal law. Some of these situations involve stalking, assault, sexual assault, or rape. Just because it is not a crime, though, does mean that the victim cannot file a lawsuit against their harasser …
The sudden stop defense can be used by the driver of the trailing vehicle in a rear-end car accident. While generally, the driver of the trailing vehicle is liable in these accidents, that is not always the case. If the leading driver suddenly stops, in certain circumstances they may be responsible or at least share …
The pain and suffering multiplier is a way of estimating how much compensation you deserve in a personal injury case. It multiplies your economic damages by a number between 1 and 5 to estimate your noneconomic damages. The multiplier method is one of the most common accident settlement formulas that personal injury lawyers and insurance …
You were convicted of driving under the influence (DUI) five years ago. You are now thinking about taking a trip to Cancun. Can you? Will Mexico deny you entry because of your past DUI conviction? You can generally still travel to Mexico even if you were convicted of DUI or DWI in the United States. Note, …
You were recently charged under California Penal Code 273.5 for committing corporal injury on your spouse (which is essentially domestic violence). The district attorney is now saying that the charge could result in a “strike” on your criminal record. Is this correct? It can be, depending on the facts of the case. A domestic violence …
Missing nosing on a stair can cause a serious stairway accident. A stair’s nosing gives you more room to step your foot or can keep it from slipping. If there is a lack of sufficient nosing, then the stairway becomes more dangerous, especially when you are climbing down. Victims of these accidents can hold the …
Hospital workers in California may have special overtime rules. Many of them are classified as exempt workers who cannot earn overtime pay. Other workers are non-exempt, but frequently adopt alternative workweek schedules that let them work more hours in a workday without earning overtime pay. If they work over 40 total hours in a week, …
You shoved someone after a heated exchange of words. The other person told a police officer, and you are now facing an assault charge. Can this really be true? It depends on the jurisdiction. Many states say that assault is an act just short of making actual physical contact with someone. You commit the crime …
You hit a parked car and then fled the accident scene. A prosecutor now wants to file a misdemeanor hit and run charge against you. Is there any way to get out of it? Perhaps, yes. There are five common ways to try and get out of a hit and run charge. These are to …
If you were arrested for driving under the influence (DUI) in California, the arresting police officer most likely gave you a pink “Notice of Suspension.” The notice informs you to request a DMV hearing to prevent the suspension of your driver’s license. But what phone number do you call? You must contact a Driver Safety …
Assume you were out late one night binge drinking with friends. You get about six hours of sleep and then rush out to work. A police officer stops you for speeding. If he/she smells alcohol on your breath and has you take a breathalyzer test, will it detect alcohol? Probably. A breathalyzer will detect alcohol …
You were arrested after starting several wildfires in protected forest lands. The arresting officer made several comments hinting that you committed felony arson. Is arson really charged as a felony offense? It depends. Some states say that arson is always a felony offense. But many others say that it can be charged as either a …
A homeowner association (HOA) may be liable for a dog bite that happens on property that it controls. The HOA is responsible for keeping common areas safe for residents and visitors. If the HOA is negligent in upholding that fiduciary duty, it can be held liable for a dog bite caused by its negligence. When …
In a criminal law case, the term “discovery” refers to the process of discovering and obtaining evidence the other side plans to present. Both the prosecutor and the criminal defense lawyer engage in discovery. Each side can make a criminal discovery request. If prosecutors find exculpatory evidence that is material to the case, they have …
In California, exempt workers are those who are not protected by wage and hour laws. Non-exempt workers are protected by these laws, giving them rights to overtime pay, a minimum wage, and meal and rest breaks. California labor law determines whether a worker is exempt; not the employer. Here are 10 examples of exempt and …
An employee misclassification lawsuit is a legal action seeking compensation because your employment status does not reflect your actual role at work. Four things to know about these claims are: you can be misclassified in different ways, you can recover unpaid wages as well as benefits, they are especially common in the gig industry, and your …
A loved one of yours was recently arrested for a criminal offense, say a white-collar crime or DUI. You are now in desperate need to find a criminal defense attorney. Are there certain factors you should be considering? Yes. There are five key tips to consider when looking for a good criminal defense attorney. These …