Losing Control of Drunk Driving Laws

Keith Emerich, a Pennsylvanian recently went to hospital to address an irregular heartbeat issue, revealing that he himself was a heavy drinker: a six-pack a day guy. Later, a letter arrived for Mr. Emerich from Pennsylvania’s Department of transportation, a letter informing him his driving license had been revoked. His doctor had turned him in to the authorities as required by state law, and he would need to prove to the authorities that he was competent to drive before he’d get it back.

Drunk Driving Laws

This law in Pennsylvania is old, perhaps dated (dating back to the 60’s), but it’s not unusual. DWI defendants have been disarmed of the presumption of innocence by lawmakers and Courts – along with other common criminal justice protections the law routinely gives to the likes of pedophiles, accused rapists, pedophiles and murderers.

Referring to the Michigan v. Sitz case of 1990, the U.S. Supreme Court judged that the degree of the drunken driving issue outweighed the “minor” intrusion into the drivers’ protections unreasonable search carried out by roadblock sobriety checkpoints. Speaking for the majority, Chief Justice Rehnquist judges that the 25,000 freeway fatalities due to alcohol were compelling enough to put aside the Fourth Amendment.

The trouble with this figure of 25,000 is it’s awfully misleading. It combines any highway deaths in which alcohol played any part: an intoxicated pedestrian struck by a sober driver, for instance.

It’s a figure still in use today. Back in 2002, the Los Angeles Times analyzed accident information and estimated that in the year before, only roughly 5,000 of those deaths involved a drunk driver killing a sober driver, a passenger, or pedestrian.

Sadly, Legislatures and Courts still frequently quote the inflated “alcohol-related” figure when advocating new legislature that chops away at our civil liberties.

Furnishing Worrying Examples

As an example, the Supreme Court has judged that states can enact laws that legislate away a drivers’ Sixth Amendment right to a trial by jury and his or her Fifth Amendment legal right against self-recrimination. Back in 2002, the Supreme Court of Wisconsin judged that law enforcement officers could extract blood by means of force from any person suspected of drunk driving. Other Courts have judged that prosecutors are not required to provide defendants with blood or breath test specimens for exclusive and independent testing (even though they’re both relatively inexpensive to carry out). In almost every other feature of criminal law, defendants are allowed contact with the evidence against them.

These unilateral decisions haven’t passed unseen by state legislatures. Forty-one states now reserve the right to lawfully take away drunken driving defendants’ licenses before they ever receive a trial. Thirty-seven states now levy stronger penalties on drivers who refuse to agree to a sobriety roadside test compared to those who take them and fail. Seventeen states have laws that withhold the same opportunities for plea bargaining afforded to those accused of violent crimes.

Until lately, cops in New York City could seize the vehicles of first-offender drunk driving suspects when they were arrested. Those acquitted, cleared of charges, were still obliged to file civil suits in order to get their vehicles returned, an act that could cost several thousand dollars. The city of Los Angeles still impounds the vehicles of suspected first-time drunk drivers, as well as the vehicles of those suspected of dealing in drugs and soliciting prostitutes.

More recent legislature is even worse. As of the previous month, Washington State now decrees that anyone arrested (not convicted but arrested) for drunken driving to fit an “ignition interlock” apparatus in their vehicle, one that makes the driver puff into a tube before the ignition can be released, and again at regular periods while driving. A second law requires that a jury hear all cases relating to drunken driving. The law then instructs the jury to consider available evidence “ina light most favorable to the prosecution,” a ridiculous evidentiary principle at odds with all the American Criminal Justice System is meant to stand for.

Scarier still are the laws that haven’t passed, but will likely be introduced once more. New Mexico’s state legislature almost cleared a law that would require ignition interlock devices on every car purchased in the state starting in 2008, quite regardless of the buyer’s record for driving. Drivers would then have been mandated to pass a breath test to start the car, and then again every ten minutes while on the road. Computer systems in the car would have tracked and recorded the tests, which would have eventually been uploaded at service centers and transmitted to law enforcement agencies to be evaluated. A similar law was once considered for New York City.

We’re not advocating easing up on drunken drivers. But our laws have to be fairly and equitably grounded in sound science and the presumption of innocence, not media hysteria. They should aim for repeat offenders and drunks who are significantly impaired, not social drinkers who bestride the threshold of legality. Though the danger of drunken driving has notably decreased in the past 20 years, it remains routinely over-stated by anti-alcohol lobbyists and knee-jerk lawmakers. Even if the danger was as significant as it’s often depicted, throwing aside basic criminal assurances and civil liberties is the wrong direction to take it.

The Different Cases of Personal Injury covered by the Law

If one person has made damages to another person may it be in the form of physical, emotional or to the property of the other person, they are liable to face charges under the personal injury law. There are several cases that this law can take effect but most people are not able to realize when they can.

Intended Cases – There are obvious scenarios when the personal injury law will take effect. Cases like being physically assaulted and emotionally maltreated. If a person shouts and talks wrongly to you regardless of position or standing, you can press charges under the personal injury law. Other cases include trespassing, sexual and physical abuse.

Negligence of actions cases – there are events where it can be called to have been an accident but you could always press charges if there have been damage done to you and there will be evidence that there was negligence. Cases like road accidents where negligence in vehicle maintenance can become an evidence. As well as wrongful death, slipping in wet floor due to the lack of signs and etc. Anything that have resulted from the lack of action and negligence of a body can be charged under personal injury law.

Unintended cases – these are events where a person commits an act but was not well-aware of the consequence of their actions. Most common example is nuisance or public disturbance where there is no bad intention but could have resulted to physical damages like sleep deprivation. Several other cases like gossip making, pranking accidents and etc. This is the field where most people fail to recognize their power to call for justice.

Justice is a much unrealized word especially if actions are done by a friend or have been concluded to be an accident. This field of law is important to let people see their power of their rights that they are entitled for justice despite how small the action that was committed.

Check out Farar & Lewis LLP, for more information about personal injury law.

Are Wedding Sparklers Legal?

Though many people are not familiar with the concept, it is not uncommon for couples to use sparklers as part of their wedding ceremony or reception. The idea of having fireworks at a wedding goes back centuries and is very common throughout many Asian countries, but the idea of using sparklers for weddings is fairly new for the United States and Europe. Most people are familiar guy using sparklers on holidays such as the 4thof July or Guy Fawkes Day, so they just assume that it is also legal to use them for events such as weddings. However, the laws can vary based on the time of year and the location of your wedding, so it important to do your research to avoid getting a fine or citation.

Legal in Your Area

Checking with your local government officials before making a purchase of wedding sparklers is very important to avoid any problems. When most people are wondering “are wedding sparklers legal?” they completely overlook the fact the best resource for answers can be found by calling their city hall or local fire department. This is important to remember because even if your state has the policy of allowing wedding sparklers, it doesn’t necessarily mean they are allowed by your local enforcers. The laws can vary greatly from one city or county to the next, so make sure you get information that is relevant to your exact location.

Allowed at Venue

Another important thing to do is to check with your wedding venue before you decide wedding sparklers as part of your celebration. Many venues will not allow them even if they are legal to use in your area because they are a fire risk and their insurance does not allow their use. Some venues may also only allow them to be used under certain conditions such as in restricted locations or if you pay an additional fee to have special insurance for your event. The strangest condition I have heard about is a venue requiring you to have a member of the fire department on site in order to use your wedding sparklers. They usually only request a small donation to send a firefighter over, but it is still an additional expense you’ll want to consider before deciding if you want sparklers at your wedding or not.

Some Interesting Facts About Movers in Jacksonville FL

In modern times, domestic action, office or industrial step and even global changing has become really usual. Moving is both demanding and daring at the same time. It involves a variety of issues like lost objects, shed items as well as tampered goods. You would absolutely not intend to shed vital documents while doing so. You need to find one such business that will certainly aid you to strike equilibrium to hold out the process effortlessly. We are absolutely not professionals to make a perfect strategy and implement it beautifully. We need professional packers and movers in Jacksonville fl to do these important setups for us. Permit us quickly check exactly what advantages you could experience by employing payload delivery services.

Advantages:

Delivering solution agents are well-trained and can deal with your home items with a bunch of precision by moving companies Jacksonville fl.

  • They have the required equipment that could safeguard your products from damages. As an example, they know how you can load an item made up of glass.
  • Given that the delivery services also work overseas, the brokers have the ideal encounter in air freight and roadway freight.
  • A proper freight firm also supplies vehicles to bring the products to your door action. You will not have to employ vehicles separately.
  • When you are relocating to other area, you have to take note of numerous other points. If you have a reputable firm at hand, you do not have to place added initiatives.
  • A logistics company excels in mostly all sort of services. You do not have to stress about shipping of any type of things.
  • If you employ an expert, after that be rest guaranteed that your moving of good will be a smooth transit without any kind of feasible reduction or damages.
  • Reputed services have extra offices like insurance, personalized clearance as well as warehousing.

Before you choose a company, you have to ensure that it meets all your assumptions. You can ask your close friends and relatives for referrals and appropriate guidance. If you know somebody which has gone for repeat company from a representative, after that you could obtain the responses. The internet shops a substantial piece of info. You could check out the net, review the costs and go through customer endorsements. These brokers perform and function in all components of the globe.

  • Care Recommendation:
  • Do not simply delicately pick an arbitrary firm.
  • Do not obtain carried away by interesting supplies, discounts or ads.
  • You must not hire services that has less compared to 2 years of encounter. You will be mistaken if you pick an inexperienced company.

Check the files when you are selecting a firm. It is much better to have actually a written arrangement in between both the parties. However, athletemovers.com provides full details regarding pros and cons of services.

Rundown of Advice On Personal Injury Cases

Have you been searching for a damage attorney? Maybe you have flipped from the telephone catalog or looked on the web on the large groups, numerous alternatives open to you? When you are feeling moved, take heart! With a spot of training, it is conceivable to generate a capable, educated choice. Contact Personal Injury Law Firm in Toronto, Canada – FREE Consultation for a free consultation today.

The point when selecting a private damage lawyer, you should get together with numerous distinctive ones preceding making your determination. The beginning counsel is every now and again free. Throughout these gatherings, you might ask about charges and whatever available expenditures you are liable to experience.

In spite of the fact that it might seem unreasonable, picking a “master” attorney is your best wager with respect to utilizing a coincidental wounds case show up inside your support. What this means is enlisting an individual who has a considerable amount of these sort of cases added to his repertoire notwithstanding numerous checks inside the “win” segment.

After you have assembled an outline of potential particular damage lawyers, set up an on the house discussion with each attorney. At this specific discussion, the lawyer will show up over the realities of your own case and response analyses you could have. After every counsel, make a note of notes about the meeting and exactly how the attorney treated you.

When you end up indexing a protection assert, attempt to host the other gathering’s protection supplier pay your doctor’s visit expenses without you marking any discharges. Therefore their insurance agency is conceding the safeguarded spans deficiency. You will have an improved risk of winning your case provided that you do this.

493 Parliament Street
Suite 201 (Carlton Street Entrance)
Toronto, ON M4X 1P3
Tel: 416-979-1770 ext 323
Fax: 416-981-8773

Top 4 SharePoint Features

Top 4 SharePoint Features.

What are they?

When walking into, or migrating to, a new SharePoint 2013 install, there are many features that you may want to take into consideration. But we think this can be boiled down to four.

These are the four main things to remember and plan on. Because all great installs start with a great plan and it can be hard to back pedal into something else.

1. Better data management.

This mean tighter integration between Excel and SharePoint. It also means slots of reports for most popular items, search terms, and trend analysis. By default, you’ll get reports for

  • Page views
  • Performance against time
  • Sales Reports
  • User Trends
  • Transaction Volumes
  • Product Revenue
  • And of course, if you’d like to make more reports, you can do this with SSRS or using ODBC calls with Access and Excel.

 

2. If migrating data, you need to be moving from 2010 to 2013. This is a must.

There are so many issues when trying to directly upgrade from version 2007 to 2013, that we don’t recommend trying it. At all. If you do you have a 2007 install of SharePoint, we strongly encourage you to upgrade to 2010 first, and THEN to 2013. (Official answer from Microsoft is found here)

3. A cloud version is waiting for you.

Control vs. convenience is the factor here. For those who need the control of hosting there own server, the 2013 version still allows for self-hosting. But there is also an Office 365 version that will run in the cloud on Microsoft’s own servers.

The upsides to the cloud are many. It’s a managed server that can be accessed from anywhere. Now if you have your own managed infrastructure that is great. But if you don’t and want to get up and running quickly, then the cloud service is the way to go. Be sure to look at your plans long term, though. As time goes on, taking your service from the cloud back to your own server may become increasingly difficult as time goes on.

4. Better customization. This includes being able to apply your own HTML, CSS, and JavaScript to make a truly custom look. Also, if you have your own .com domain, SharePoint can handle this more elegantly than before. This can be from taken from steps as simple as changing out a theme and can be as complex as creating your own design from scratch.

That said, most users leave SharePoint looking like the default look. But we encourage your to rebrand it some to make sure your organization knows that’s it’s used specifically for your team.

 

TechSherpas is a technical training and service provider headquartered in Tampa, FL. The company has been providing IT training solutions since 1996. TechSherpas is a Microsoft Gold Partner for IT training and learning solutions, providing expertise in Microsoft training. In addition, they are an Authorized CompTIA Partner, and also offer training for ITIL, VMWare, Cisco, Citrix, Project Management, and other technologies. For more information, visit http://www.techsherpas.com.

Introduction to Employer Employment Law

The law is designed in such a way as to protect employees from unscrupulous employers, and to protect employers from unscrupulous employees, in addition providing a way to resolve any potential disputes that may occur between employers and employees. Failure of an employee or the employer in employment law can result in lengthy disputes that have to brought before a tribunal, which can cost both parties in time and money.
Employer employment law is the section of employment law that discusses the rights and responsibilities of employers to their employees. Employer employment law describes the responsibilities of employers, including providing safe places of work, training employees in health and safety aspects of their place of work, carrying out risk assessments and ensuring that harmful substances are stored correctly, and that working conditions are suitable for employees.

Employers should also abide by minimum wage regulations, as well as the various regulations pertaining to paid leave, sick leave and other wage concerns. These are set out in a separate Act from that of the safety concerns, and employers should be familiar with all regulations concerning their employees. Failure to adhere to the law can result in disputes that can consume time and money, or can result in fines for not adhering to safety standards.

However, in the terms of employer employment law, employers also have rights with regards to their employees. The responsibilities of employees tend to ensure that employees keep their workplace safe, complete their tasks in a responsible manner, arrive on time and do not impede the employer from running the business, and to have a regard for the safety of their co-workers.

For first-time employers, employment law can be intimidating, as there are a number of Acts that cover various aspects of employer employment law. Lack of compliance to these regulations can have serious consequences, ranging from fines to disputes and tribunal hearings. It may be worthwhile to hire a solicitor or advisor to guide new employers on the nitty-gritty of employment law, both with regards to their rights and their responsibilities. This has the additional benefit of allowing the employer to develop a relationship with somebody who is an expert on employer employment law, which can come very useful when any disputes do arise. Some may view this an an unnecessary expense, but it saves time and no employer will ever truly be an expert on the law, unlike a good solicitor.

 

Personal Injury Attorney In Your Local Area

Injured people who are looking for personal injury lawyers underestimate the fact the best attorney should meet the location requirements.

In another words, you should always seek for lawyers who are based in the same location as yours. If you are living in the los angeles area, hiring a los angeles personal injury attorney is a must. Another fact that many people tend to neglect is the specialization of the same attorney. Let’s say, you make a living in los angeles and had a car accident injury, you musk seek for personal injury attorney who are specialized in the field of car injury.

 

Commercial Leasing – Negotiating the Offer to Lease

Starting or purchasing a dental practice is exciting!  For many good reasons one of the first steps in this venture is to incorporation of a professional corporation to use for the operation of the dental practice.  For the most part, the incorporation is a boring exercise involving working with a business lawyer and an accountant.

Dentists will often spend time thinking about and getting excited about selecting a new name for the corporation. Unfortunately, the potentially fun part of this incorporation drill – naming the corporation – is rendered just about as dry as the rest of the process by the various laws and regulations governing the naming of dentistry professional corporations.

The dentist’s professional corporation’s name inevitably ends up being something like: “Peter Smith Dentistry Professional Corporation”.  Set out below is a summary of the laws and regulations which dictate how dentistry professional corporations are named, which explain why dental professional corporations have unimaginative names.

If you are a dentist starting or purchasing a dental practice and you have your heart set on a new and fun name for your practice, do not despair. Just because you must give your professional corporation a boring name, doesn’t mean you can’t be more creative in naming your dental practice. In fact, you can register business name, i.e. “ABC Dentistry”, and use that for your dental practice.

 

DENTAL PROFESSIONAL CORPORATION NAMING CRITERIA

The following are excerpts have the relevant laws and regulations applicable to naming a dental professional corporation.

 

Business Corporations Act, Subsection 3.2(2), paragraph 3

 

“The name of the corporation shall include the words “Professional Corporation…”

 

Ontario Regulation 39/02, Subsection 1(2)

 

“The name of the corporation must meet the requirements in section 3.2 of the Business Corporations Act

and must not violate the provisions of any other Act.”

 

Ontario Regulation 39/02, Subsection 1(3)

 

“The name of the corporation must include the surname of one or more shareholders of the corporation, as the surname is set out in the College register, and may also include the shareholder’s given name, one or more of the shareholder’s initials or a combination of his or her given name and initials.”

 

Ontario Regulation 39/02, Subsection 1(4)

 

“The name of the corporation must indicate the health profession practised by the shareholders.”

 

Schedule 1 of the Regulated Health Professions Act, 1991 defines the health profession practised by our members as “Dentistry”.

Ontario Regulation 39/02, Subsection 1(5)

 

The name of the corporation must not include any information other than the information permitted or
required by subsections (2), (3) and (4).”

 

For more info check out Smutylo Law

 

Four Advantages to Having a Personal Injury Attorney

Maybe you have been injured as a result of someone else’s neglect or doing. You are probably going through an ordeal with possibly medical costs and physical and emotional injury. While you might wonder why you should take a lawyer with you during your civil claims appointments, you might want to consider the fact that whoever you are making a claim against may have legal representation and other help. In any case, it is critical that you confer with Toronto personal injury attorney. Why should you have a lawyer handle your case? Here are five reasons why:

Personal Injury Attorneys Specialize in Injury Law

While it might see a little redundant, a lot of people think that going at it alone sounds like a good idea, but never underestimate the value of a lawyer’s expertise when you are less experienced in civil courts involving personal injury.  While you might think that because you have been injured that you are going to get full compensation, the truth is, without a lawyer your claim may not be settled to which you are entitled. Many courts in Toronto recognize contributory negligence, but you could get less than what you are entitled to if they can prove that you contributed to your injury. If they see that you do not have legal counsel, they might assume that they are dealing with an amateur and try to misrepresent the law so that they can settle for less than which you entitled.

Personal Injury Lawyers are Well-Versed in Insurance Law

Don’t undervalue the importance of insurance laws and policies. If you have a lawyer that is experienced in insurance laws and policies, you have a significant advantage in getting a positive resolution. For instance, an adjuster tells you that he will give you $10,000 right now because you have a sound case. What he may not tell you is that you can receive more on your settlement. A lawyer can navigate the insurance laws and policies that under certain circumstances, you are entitled to more. A Toronto personal injury attorney can dig in deep into the laws and policies to provide you with adequate compensation for injuries that are not readily apparent.

Personal Injury Lawyers Know How Much Injuries Can Cost

A Toronto personal injury lawyer is likely to have experience in numerous injury claims, and he will know what the going trend is for specific injuries. Idea of what injuries can cost. A qualified lawyer will know that the value of your potential settlement can be increased or decreased based on the facts of your case. When you have an insurance attorney at your side, the insurance adjuster will think twice about misrepresenting the value of your personal injury and the surrounding laws.

Personal Injury Lawyers Will Fight for You

Most insurance adjusters and lawyers know that if a claims makes its way to court, that they might end up paying way more than what they are trying to settle for. The adjuster knows that you have inadequate representation, that it will be difficult for you to take the issue to court and win the claim. They also know that a personal injury attorney will take the matter to court if it is a strong case. So essentially, insurance adjusters need to be practical and realistic about how much compensation that they should offer. This is all part of negotiations that your Toronto personal injury attorney will be experienced in.