After a DMV hearing, it can take anywhere from a few days to over a month to receive the notice of hearing results in the mail. The timeframes can vary by state. The workload of the DMV hearing officer will also matter. Once you receive the results, you have the right to appeal. What are …
A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after you get arrested for DUI and refuse to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 …
The chances of winning your DMV hearing depend on the facts of the case. If law enforcement has a weak case or clearly violated your rights, it is easier to win at the hearing. Regardless of the case, hiring a skilled DUI attorney increases the likelihood of getting a good outcome. What are the odds …
While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license …
Yes, robbery is generally prosecuted as a felony offense. However, most states classify two different degrees of robbery. The less-severe degree may be a misdemeanor in some rare cases. Defendants may also be able to avoid a felony conviction through a plea deal. This is often done by pleading guilty to the crime of theft. What …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. Section 1983 claims, by contrast, cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and …
California’s definition of assault weapons includes specific models such as the AK and Colt AR-15 series in addition to guns with assaultive as opposed to defensive features, including semiautomatic centerfire rifles with the capacity for a detachable magazine and either a pistol grip that protrudes conspicuously beneath the action of the gun, a thumbhole stock, …
In California, a work permit is something that you generally need in order to work if you are under the legal working age. It is also known as a Permit to Employ and Work. However, there are exceptions to the requirement. There are also some jobs that minors cannot perform, as well as limits on …
In California, if you have a suspended license, you have to wait for the suspension duration to end to apply for a reinstatement. A license that has been suspended will not automatically renew when the suspension period ends. Applying for reinstatement includes paying fees, proving proof of adequate auto insurance (SR22 insurance), and applying in …
Can the DMV revoke my license for medical reasons?Watch this video on YouTube Most states require physicians to inform the DMV when they diagnose you with any medical or mental condition that may affect your ability to drive safely. Some common conditions that may impact your ability to drive safely include: lapse of consciousness Alzheimer’s …
If you get convicted of a felony offense in California and get placed on felony probation, you must abide by specific rules (called “terms and conditions” of probation). Ten of the most common conditions of felony probation in California are that you: pay victim restitution, perform community service, submit to random drug testing, complete drug or alcohol …
You were recently caught taking some clothes from a store. The store you shoplifted from has now sent you a civil demand letter calling for $250. Do I really have to pay? Maybe. If you refuse to pay the store, the store could take you to court in an attempt to collect the money. But …
You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime? Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to …
In some cases, yes. We all know that drugs and alcohol can cause serious problems for employers. It can cause a drop in productivity, an increase in absenteeism, and an increase in worker’s compensation and medical claims. Legal Drug Use With alcohol, an employee in California cannot be fired for using alcohol on their own …
The simple answer is yes. If the Department of Motor Vehicles (DMV) learns you had a fainting spell, it will likely suspend your driver’s license. However, you do have an opportunity to contest the suspension. If you can show that the fainting episode was isolated and that you are otherwise safe to drive, your license …
If you get fired for making a workers’ compensation claim, you can file a wrongful termination lawsuit. It does not matter if you are an “at will” employee since retaliation for invoking workers’ compensation rights is a clear violation of public policy. Successful lawsuits can recover back wages and even lead to reinstatement. Some states …
The difference between a driver’s license revocation and a license suspension is that a revocation is permanent, whereas a suspension is temporary. However, if your license has been revoked, you may still be able to get a new one. Whether it is revoked or just suspended, though, driving without a valid license is a criminal …
93 percent of workers’ comp claims lead to a payout right away, according to one study. Of the 7 percent of claims initially denied, two-thirds are overturned and paid out within the year. However, this does not necessarily mean that the victim is fully compensated. You only “win” your workers’ comp case if you recover …
In criminal law, an affirmative defense is a legal defense that you, as the defendant, have the burden of proving. It does not challenge the evidence that proves the elements of the offense. Instead, an affirmative defense asserts that the crime was excusable or justified. Examples include: entrapment, insanity, necessity, self-defense (in a couple of …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
You can generally still collect workers’ compensation benefits in California if you get fired. Discharging you does not absolve the employer from paying workers’ comp benefits for: lost wages, expenses related to medical treatment, temporary or permanent disability benefits, and/or vocational training. These benefits will continue until you reach maximum medical improvement and the doctor …
Less than 5 percent of workers’ compensation claims actually go to a full-on trial.1 The vast majority of the others are either uncontested, settled out of court, or settled through mediation or arbitration. Nevertheless, the best way to secure an adequate settlement is to pursue the case with the preparation and thoroughness that would be …
La mayoría de las jurisdicciones no tienen un estatuto de limitaciones para el delito de asesinato. Un estatuto de limitaciones establece el tiempo en el que un fiscal puede presentar cargos penales. Sin un estatuto en vigor, los fiscales tienen ninguna restricción de tiempo en cuanto a cuándo pueden presentar un caso de asesinato. Sin …
Si has montado en un patinete eléctrico compartido, o E-scooter, es posible que ya hayas renunciado a tu derecho a demandar. Las compañías de alquiler de E-scooter Lime y Bird tienen acuerdos de usuario extremadamente estrictos. Varias disposiciones en ellos requieren que renuncies a algunos de tus derechos antes de montar. Superar estas disposiciones y …
