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There is not yet a breath test that reliably detects the presence and concentration of THC in motorists suspected of DUI of marijuana, comparable to a breathalyzer in DUI of alcohol cases. Therefore DUI of marijuana suspects are generally required to submit to a blood test instead. If the blood test indicates a high level …
A 180 lb. person is legally intoxicated after consuming three beers. Three beers would likely result in a person of this size having a blood alcohol concentration (BAC) of 0.08%, which is the legal limit for DUI purposes in most states. But keep in mind that every person’s body processes alcohol differently. This means that …
In California, if you have a suspended license, you have to wait for the suspension duration to end. Then you have to apply for a reinstatement. This includes paying fees and proving proof of adequate auto insurance. You bring this application to the California Department of Motor Vehicles (DMV). How can I get a driver’s …
The Colorado Rules of Criminal Procedure (a.k.a. “Crim. P.”) outline the regulations that judges, prosecutors, and defense lawyers are required to follow in Colorado’s 22 district courts. The Crim. P. was amended as recently as November of 2022. What follows is a summary of each section: I. Scope, Purpose, and Construction Rule 1. Scope The …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
NRS stands for Nevada Revised Statutes. The NRS is a compilation of all the current state laws in Nevada. The NRS is updated by the Legislative Counsel Bureau whenever new legislation passes that adds, amends, or repeals existing laws. What does the NRS consist of? The NRS consists of four main divisions, including: The Remedial …
A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term often arises in employment discrimination cases where an employer unfairly treats an employee on the basis of, for example, the worker’s age, color or religion. The …
Evidence spoilage is when a person or entity destroys or significantly alters evidence that is relevant to a pending or future civil or criminal court case. Spoilage also occurs when a person or entity fails to preserve property so that it can be used as evidence. Spoilage is often referred to as “spoliation.” Your rights …
Many shoulder injuries settle for anywhere between $20,000 and $150,000. However, it is impossible to say what an “average” workers’ compensation settlement for a shoulder injury would be. There is no “average” shoulder injury. Even the most common shoulder injury you can suffer in the workplace – a torn rotator cuff – can be minor …
You can fight a claim of insubordination in the workplace by writing a rebuttal letter to be included with the insubordination claim in your employee file. This challenges your employer’s version of events. It can also present evidence that the insubordination claim is pretextual. Writing this letter can help in a subsequent lawsuit, often for …
There is data indicating that around 93 percent of workers’ compensation cases lead to al least some benefits being paid. However, “winning” a workers’ comp claim does not just mean receiving benefits. It also means receiving adequate compensation to cover all of your medical expenses, rehabilitation, and lost wages. Many workers who receive benefits are …
Labor Code § 4850 provides first responders and public safety officers with up to 1 year (52 weeks) of their full salary when they are injured on the job and placed on temporary disability. If the worker is still disabled after the year elapses, he or she can continue to receive normal workers’ compensation benefits. …
In the California criminal justice system, a “Humphrey hearing” is a court hearing held soon after a person is arrested for a crime. A judge holds the hearing to ensure that you are not kept in custody following an arrest because you do not have the financial resources to post bail for release. An arrestee …
Most states say that you can still become a lawyer even if you were convicted of a felony. This is often true, however, only provided that you can pass your state’s moral character review process. You can generally pass this review if you can positively show that you have rehabilitated yourself since your conviction. Note …
If you miss a required court date, the judge and/or the prosecutor can take action against you. A failure to appear (FTA) could result in a judge issuing a bench warrant, the filing of criminal charges, and/or the suspension of your driver’s license. If a judge issues a bench warrant, the warrant authorizes law enforcement …
3 Ways to Beat Hit-And-Run ChargesWatch this video on YouTube 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 …
In California, certain employees who lose wages for more than a week because of a non-work-related injury can qualify for short-term disability (SDI). However, you must have contributed to the state SDI program to be eligible for benefits. You also have to get medical treatment and file a claim for SDI benefits. Receiving benefits from …
Each person’s body handles alcohol differently. This means the rate at which you become drunk from drinking wine will depend on a variety of different factors. Some of these factors include the amount of wine you consume, your gender, your body weight, and whether you drank wine on an empty stomach. Note that some of …
California’s new salary transparency law requires many employers with 15 or more employees to include a pay range in their job postings. It also allows you to request a pay range for your own position. Employers have to provide state regulators with data about the pay they offer. If the law is violated, you can …
The specific answer largely depends on the laws of your state and whether the bike is a motorbike or a nonmotor bike. In most jurisdictions, you could face a DUI charge if you operate a motorized bike while intoxicated. But you would likely face a “cycling under the influence” charge if you operate a nonmotor …
What is "Diversion" in Criminal Cases?Watch this video on YouTube “Diversion” refers to a host of programs that help divert a criminal case from the criminal justice system. An example is a state’s drug diversion program where a defendant is given the opportunity to complete substance abuse classes in lieu of being charged with a …
In California, employment practices liability insurance (EPLI) affects labor claims by providing you with a source of compensation and by representing your employer throughout the claim. EPLI covers many, but not all, of the employment disputes that lead to labor claims in California. The key takeaway is this: If you win certain types of labor …
In California, full-time work is 40 or more hours per week. California does not, however, have a specific definition as to how many hours is part-time. Full-time employees are often entitled to more workplace benefits than part-time employees. However, federal law may entitle you to healthcare benefits if you work more than 30 hours per …
California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. The state laws are supplemented by federal laws that restrict what occupations can employ minors in the workplace. Eight key things to know about these child labor laws in California are: the legal working age …
In California, nepotism itself is generally permissible in the private sector workplace. But in the public sector, it is unlawful. Even in the private sector, nepotism can be the grounds for a variety of discrimination claims under state or federal law. When your employer favors friends and relatives over you, it can sometimes amount to …