DUI Law Information

by: DUI Information Association
If you’ve been pulled over and accused of a drunk driving offense, or more commonly referred to as a DUI or DWI, then you probably have a lot of questions. You are probably scared, confused, and a little angry if you didn’t feel you deserved it.

Regardless of the circumstances surrounding your incident you need to take immediate action to protect yourself, your freedom, and most importantly your driver’s license. You should consult with an attorney who specializes in DUI defense immediately. If you cannot afford to retain an attorney then consider meeting with one during a free consultation to get as much free help as possible. Here are some things you should consider:

1. Contact DMV and request a hearing within the specified amount of time (usually between 7-10 days depending on the state) to try and save your drivers license.

2. The time limit is calculated from the issue date of the temporary driver license or order of revocation which is usually the day of your arrest.

3. If you are out of state, or hold an out of state license that state's DMV will still take action against your license.

4. This temporary driver license (paper one the cop gave you) is valid for only a few days from the issue date unless you request a DMV hearing. If your DMV hearing is requested the motor vehicles will "stay"" your suspension and your temporary license will be extended until the hearing is complete.

5. Don't get the DMV hearing and the court appearance confused. The outcome of one almost never affects the outcome of the other.

In the DMV hearing, the hearing officer will decide on certain issues like whether the police officer had a legal reason to stop you; whether the police officer had a legal reason to arrest you; and whether or not the blood, breath, or urine result/test is reliable enough to suspend your license. This type of hearing is considered administrative and not criminal so if you expect to be represented you will need your own lawyer.

About The Author

The DUI Information Association, at http://www.duiprocess.com provides legal information and resources to those with DUI or DWI conviction records.

You and the Tort Law: A Guide

by: Carla Ballatan
Everyday, we’re always at the risk of falling victim to misfortune whether it is from using defective products or unknowingly falling off into a manhole, or sustaining vast injuries due to serious highway accidents. You may think that accidents that happen everywhere to other people are of nobody’s fault than theirs alone…But, once something happens to you, say you were bit by a dog whose owner was careless enough to let it wander off, you may cry out, indeed – “not my fault!”.
Injuries may range from trivial to critical, depending on how it was obtained physically, mentally or emotionally. If an individual or group has a liability for your accident, you can file for claims under the tort law. This area of the law is invaluable you need to have knowledge of it.
Torts are private and civil wrongs or injuries that may be remedied through a court of law by a lawsuit for damages/compensation. Once an individual or a group of individuals violate their duty to others created under general or statutory laws, a tort has been committed. Liability in the tort law is based upon “…the relation of persons with others; and these relations may arise generally, with large groups or classes of persons, or singly, with an individual…The common thread woven into all torts is the idea of unreasonable interference with the interest of others.” Prosser & Keeton, supra,p.5. Thus, the chief aim of action in tort is that an individual be compensated for the loss he has suffered within the scope of his legally recognized private interests, as the best method of relief.
Tort law is a branch of the civil law. This is one of the three main branches of civil law where the other branches are contract and property law. In tort cases, the plaintiff is the victim of an alleged wrong and the unsuccessful defendant is directed by the court to pay damages to the plaintiff. The so-called injunctive relief for the defendant is when he is directed to discontinue from a wrongful activity.
Torts have three general categories. Intentional torts are wrongs which the defendant knew or should have known would happen through their actions or inactions (e.g. intentionally hurting a person). Negligent torts happen when the defendant’s actions were unreasonably unsafe (e.g. causing accident by failing to obey traffic rules). Strict liability torts are wrongs that do not depend on the degree of carefulness by the defendant but established when a particular action causes damage (e.g. liability for selling expired products).
Misfortune may happen unexpectedly to you or anyone in your family and when it does, a you, as a victim may incur costs. You can shift these costs to others who you believed has strict liability in causing it. The principles of the tort law help you in getting compensation for damages suffered not by your own fault. Contact an attorney practising this particular area of the law for clarifications and tips in filing for claims.
About The Author
Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.
Book reading has always been her greatest passion -- mysteries, horrors, psycho-thrillers, historical documentaries and classics. She got hooked into it way back when she was but a shy kid.
Her writing prowess began as early as she was 10 years old in girlish diaries. With writing, she felt freedom – to express her viewpoints and assert it, to bring out all concerns -- imagined and observed, to bear witness.
For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com
carmelo@attorneyservicesetc.com

Pucker Up On The Latest Lemon Law

by: Earl Powers
Is your car making you pucker up like you have eaten a lemon? A spoonful of sugar will not make it all better. You need to brush up on the latest lemon laws in your state. It seems you may have gotten a dud of a car, a car lemon for lack of a better term. So you can brush up on the latest lemon law or you can consult with one of probably many lemon law attorneys available in your state.
Let us suppose you live in California. Research the latest lemon law California has to offer by perusing through the statutes in the state of California’s Civil Code. If that does not get you yawning, nothing will! To save yourself from the boredom of reading through all that legalese, you can also consult with some lemon law lawyers. Or, read on for a summary of these statutes to see if you have a legal leg to stand on. You will have to decide if you need to start making lemonade with that car lemon.
One of the statutes of the California Civil Code states that you must make a realistic effort to have your new car fixed to conform to basic warranties from the vehicle manufacturer. There is a limit of a year and a half or 18,000 miles on the car’s odometer, whichever happens first, for the problem to be rectified, before being considered a car lemon.
Of course, as with anything else, there are other provisions to that rule. First, the malfunction must have been repaired two or more times without success, with the result being that the car is dangerous or unsafe to drive in a way that might cause severe injury or casualties. Or, secondly, your car is still not fixed satisfactorily after four repeated attempts by the manufacturer. Finally, another reason that your vehicle could be facing a car lemon law is if your vehicle has been out for repairs for more than a month or thirty straight days.
The above information is just a sampling of the lemon law California has on the books. There is more to it than that, but is should give you a good start in understanding where you stand with your dud of a car. To be sure that you are in compliance with any CA lemon law, make sure to get some legal counsel.
You will discover that you can request a refund of the purchase of the car from the manufacturer. The car manufacturer can also substitute your dud of a vehicle with a new equally comparable vehicle. They would be responsible for all the taxes and fees that go with the purchase of a new car including the costs you incurred in rental and repair fees.
One thing lemon law lawyers might tell you is that if you request the manufacturer to make restitution through a new vehicle or a refund before you file any civil suit and they refuse, you may be entitled to twice the compensation from the manufacturer should a civil trial find in your favor. However, before you go through legal counsel, just save a little money and do your research on your lemon laws. It’s a tough job wading through all that car lemon law stuff, so pucker up and get busy making your own lemonade from that car lemon.
About The Author
Earl Powers, US Lawyer and What Is The Lemon Law expert at Aquest Group LLC ( http://www.what-is-the-lemon-law.com ) publishes other articles related to What Is The Lemon Law at http://www.lemon-law-attorney.com and http://www.state-lemon-laws-explained.com.