Possibly, yes. Most states usually do not have a law that says you must report a DUI conviction to your insurer. Though it is typically a good idea to do so. If you try to hide a DUI from your insurance company, and the company learns of it, they could refuse to pay a claim …
If you violate the terms of your probation in a California DUI case, three things may happen: the judge will issue a bench warrant, law enforcement can arrest you,1 and the court will hold a probation violation hearing.2 At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence …
DUI breath testing machines detect alcohol for about 12 to 24 hours after you consume your last drink. That said, if you metabolize alcohol quickly, it is possible a breathalyzer will not detect alcohol after 12 hours. 1 Factors that influence the speed at which your body metabolizes alcohol include: weight/body fat percentage, height, genes, …
You were arrested for DUI/DWI after a breathalyzer test showed you had a .09% blood alcohol concentration (BAC). You were taking over-the-counter medications at the time because of a cold. Could these have affected your breath test? In some cases, yes, as we discuss below. 1. Do medications cause an increase in BAC? Some medications …
Consider the scenario where the police arrested you in California for driving under the influence of alcohol (DUI). You are placed in custody and told that you have to post bail to get released. What should you know? One important thing to know right off the bat is that many times you may be released …
There is no federal law that automatically precludes you from securing a government position because of a DUI conviction. But a DUI/DWI on your criminal record can make it more difficult for you to get a job with the federal government depending on: the nature of the position you are applying for, the severity of …
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 …
Driving while under the influence of hydrocodone can lead to criminal charges for driving under the influence of drugs. The DUID laws in most states apply to all drugs that impair your driving abilities. This includes prescription painkillers such as hydrocodone (or the pain medicine more commonly known as “Vicodin”). Most DUID cases involve misdemeanor …
You can generally still travel to Mexico even if you were convicted of DUI or DWI in the United States. Note, however, that Mexican immigration officials can deny you entry if you have been charged with or convicted of a “serious crime” in Mexico or elsewhere.1 “Serious crimes” include all crimes that significantly and negatively affect …
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 …
Playlist: Reckless Driving Plea Bargain in a California DUI CaseWatch this playlist on YouTube The most common way to get a charge of driving under the influence (DUI) dropped to a charge for reckless driving is through a plea deal. However, raising strong legal defenses against the DUI charge can also persuade prosecutors to reduce …
In California, you can win a wage claim by: understanding your legal rights, gathering evidence of a labor violation, filing a wage claim, helping with the investigation, and attending the wage claim hearing. An employment lawyer can help, particularly if the wage claim is a complex one. 1. Understand Your Rights If you do not …
Everyone knows that it is illegal to have possession of narcotics, at least without a valid prescription. However, the law in many states also makes it a criminal offense to be “under the influence” of a controlled substance. However, what it means to be “under the influence” of a drug can depend on the offense. …
Contrary to popular belief, employers generally do not have to give a reason or explanation to employees who are being fired. In nearly all states, employment is presumed to be “at will,” meaning you or your employer can end the employment relationship at any time, and for whatever lawful reason. Some employment contracts, however, require …
Under California Health & Safety Code 11350a, a prosecutor can charge you with possession of a controlled substance if you get caught with certain prescription drugs and don’t have a lawful prescription. A valid prescription, however, would be an effective defense to these charges. Possession of a controlled substance is typically a misdemeanor offense punishable …
In California, hourly and non-exempt employees have to clock in and out of work. This includes tiny amounts of work done outside of work hours. Employers cannot demand or allow work off the clock, though they can round your work time up or down provided that certain requirements are met. Non-exempt and hourly employees clock …
The elements of strict liability depend on the type of case. Generally speaking, though, the elements are: the defendant had something dangerous, the dangerous thing put you at risk through no fault of your own, and it caused you to get hurt. Strict liability comes up in civil cases involving products liability, dog bites, and …
In California, as a general rule, you will face no legal repercussions for not reporting a crime that you witness or otherwise have knowledge of. However, there are three exceptions where failure to report a crime can itself be a crime: you are a mandated reporter who did not report child abuse or neglect, failing …
In California, workplace harassment is unwanted conduct, directed at someone else, that is based on a protected characteristic. Those protected traits are listed by the California Fair Employment and Housing Act (FEHA). They include: race, religion, sex, gender, gender identity, sexual orientation, disability, pregnancy, or national origin. Harassing behavior is unlawful if it creates a …
A statutory employee is a worker who is classified as an employee by statute. These statutes detail working conditions that can only be done by employees. Even if the employer classifies the worker as an independent contractor, the law treats the worker as an employee. Employers of statutory employees must withhold certain taxes. The workers …
Following an arrest, the booking process can take anywhere from less than an hour to several hours, depending on: the police station’s booking procedures, how many people are being booked, and how many officers there are to handle the bookings. After the booking process, you could be released on own recognizance or after posting bail. …
The amount of a settlement for whiplash victims can vary widely, from less than $10,000 to over $100,000. The amount you could receive depends mainly on how bad the injury was. Whiplash injuries range from minor to extremely debilitating. Other factors are whether you were partially to blame, the state where the accident happened, and …
In order to file a lawsuit for workplace harassment in California, you have to do 3 things: inform your employer of the harassment, file a harassment complaint with the California Civil Rights Department (CRD), and obtain a “right to sue” letter from the CRD. Only after receiving this “right to sue” letter can you bring …
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 …
Not Getting Paid Reimbursements? — California Labor Code 2802 ViolationsWatch this video on YouTube While federal law does not require employers to pay for work-related expenses incurred by you while working from home, many state laws do. These state laws often require reimbursement for necessary job expenses, such as: internet access, cell phone use, and …
