Caught Driving Under the Influence?

Posted by Tim J. on Feb 27, 2014 in Driving Accidents, DWI | 1 comment

Being caught driving under the influence and having your license suspended can put a burden in your daily routine. With no license, you will have a hard time getting to work, picking up your children at school, or even going to your dentist’s appointment! It could be such a troublesome experience for anyone having his or her driver’s license suspended.

DUI and DWI violations are criminal offenses with punishments like the driver having his or her driver’s license suspended or having his or her insurance premium increased. Even when your license is suspended, you can still qualify to drive by having a Limited Driving Privilege. This allows you to still drive a vehicle under certain conditions. Asking for information about this option from a DWI attorney can help you understand how to get your Limited Driving Privilege.

People driving while intoxicated can be held accountable for their actions, and the state can restrict them through the following regulations:

1. Automatic suspension of 30 days when the driver has failed or refused to take a blood or breathalyzer test
2. 10 day delay for people with DWI arrest to claim a Limited Driving Privilege
3. For people with high BAC who are first offenders, as well as repeat offenders, they are required to have ignition interlocks installed in their vehicles.
4. In some states, if you have failed to appear in court regarding the DWI arrest or have not paid the fines, your license may stay revoked until you have appeared in court and paid.

You can be charged with a DWI if your blood alcohol content (BAC) is above a certain threshold. Blood alcohol content is the amount of alcohol in your blood at the time it was tested. When you drink, your body digests the alcohol and carries it through the bloodstream, which is how it arrives in your brain and gives that fuzzy feeling of drunkenness. At a BAC of .08%, an individual is legally drunk and can be charged with alcohol-related offenses. Most commonly, BAC is tested using a person’s breath, which has been scientifically proven to be reliable when the machine used is in working condition.

If you had your driving license suspended due to a DWI charge, you can still get a limited driving privilege or even have your suspended license returned if you ask help from a DWI attorney. Understanding state laws and knowing more about your options can help you in getting your license back, and eventually have your life back as well.

What is the Uniform Interstate Family Support Act?

Posted by Tim J. on Oct 8, 2013 in Child Support, Divorce, Family | 0 comments

It is not unusual for one or both halves of a divorced couple to move out of the state where they had resided in as a couple. It is a way for people to get over the dissolution of a marriage. Unfortunately, according to the website of The Woodlands Divorce lawyers at the BB Law Group PLLC, this can have repercussions on the enforcement of court-ordered child support payments when the supporting parent is no longer in the state where the divorce was granted.

This is the raison d’être for the Uniform Interstate Family Support Act (UIFSA); it is designed to enforce child support obligations anywhere in the US. It was first drafted in the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1991 and was enacted into law in 1996. States were then required to adopt UIFSA by New Year’s Day in 1998 under 42 U.S.C. § 666, also known as the Personal Responsibility and Work Opportunity Act. States that refused to adopt UIFSA would lose federal financing for state enforcement of child support.

The UIFSA was an important step in protecting the right of the child or children of divorce to financial support. In cases when there is a need to establish, enforce or modify a child support order across states, the UIFSA serves as the moderator to smooth things along. In general, the UIFSA establishes the jurisdiction of the state where the original order was entered, and allows only that state to make any modifications to an existing child support order.

Enforcement, always a tricky subject, is also addressed by the UIFSA by serving as a conduit for a conservator-parent to apply for orders that would carry over to another state. An example would be an order to the employer of the defaulting parent to keep back a part of the employee’s pay for the benefit of the child. If you have questions about how the UIFSA can be applied to your case, inquire with a lawyer experienced in handling out-of-state cases.

The News About Drug Possession

Posted by Tim J. on May 1, 2013 in Crimes | 2 comments

When it comes to drug possession charges, whether you are guilty of these charges or not, the implications they can have on your life can be very destructive. You could lose your job, cripple your personal relationships, and even find yourself struggling to find a place to live. Fortunately, for anyone facing a drug possession charge, there are things that you can do to fight these charges and clear your good name.

Anyone found in possession of any illegal controlled substance can be charged with drug possession. There are varying degrees of penalties that individuals found in possession of a controlled substance can face, and one of the best things that those charged with drug possession can do is to seek the assistance of an experienced criminal lawyer to help ensure that their rights and interests are appropriately protected. An experienced attorney will evaluate the following points of your arrest, and from there, will help you to devise the strongest defense possible in an attempt to have you cleared of all charges, or at least have the charges against you reduced in severity:

1. If you have past criminal records, and what these charges were,
2. The amount of drugs you possessed,
3. What type of illegal drug you were caught with,
4. Other illegal drugs that you had in your person

Often, penalties depend on state laws, and how much of the substance you had in your possession at the time of the arrest, and which drug you are accused of possessing. Simple misdemeanor charges can be given to a person who was charged with marijuana possession if they had less than an ounce in their possession, but in some state the penalty can be heavier, especially when they are put in separate packages which could indicate possible plans for distribution. Additionally, charges and associated penalties are often considerably worse for those with prior arrests.

Charges connected to drug possession can stain your reputation for a long time, even if you have nothing to do with the illegal drugs found in your possession.  Once charged with such a crime, make sure you secure the experienced legal representation you need in order to avoid any mistakes that could have devastating effects on the outcome of your case and your future opportunities.

News Update: Filing an Actos Lawsuit Today

Posted by Tim J. on Apr 30, 2013 in Injury | 1 comment

Recently, the Food and Drug Administration (FDA) issued a warning to the public about the link between the drug Actos and bladder cancer, spurring a flood of product liability lawsuits against its manufacturer, Takeda Pharmaceuticals, and US distributor Eli Lilly. To date, 3,000 cases have been filed, and the first hearings on these cases began in March 22, 2012.

What is Actos?

Pioglitazone, marketed in the US as Actos, is a medication for Type 2 diabetes to control blood sugar. It replaced Avandia as the most prescribed diabetes medication when Avandia was linked to congestive heart failure.  Unfortunately, further research demonstrated that Actos has the undesirable effect of increasing the risk for developing bladder cancer. The studies that would definitively prove the connection between the drug and these health risks are yet to be concluded, which is why Actos still has US Food and Drug Administration approval. It is still available as a prescribed drug in the US. However, it has been pulled out of the French and German markets.

Those who have used Actos and have developed bladder cancer, or close relatives of those who have used Actos and died of bladder cancer, comprise the majority of the 3,000 plaintiffs against Takeda and Eli Lilly. In August 2011, Takeda upgraded its labeling to include a warning regarding the increased risk of developing bladder cancer.

Can an Actos lawsuit still be filed today?

The new Actos label discourages the use of the drug for more than one year, perhaps to limit Takeda’s liability. However, bladder cancer develops some time after the use of the drug, so if you took Actos prior to the change in the labeling, and have since developed bladder cancer, you may still be eligible to sue for compensation for related medical bills and the concomitant pain and suffering. A lawyer specializing in this type of litigation would be the best person to advise on whether an Actos lawsuit is warranted for a particular case.

Understanding Product Liability

Posted by Tim J. on Apr 15, 2013 in Injury | 2 comments

When a person buys a product, they should be able to expect that it will be safe to use it reasonably, as intended, or as advertised. This is why they gave their hard-earned dollars to its manufacturer. This is because manufacturers are responsible for the safety of their products as well as the accuracy of their advertising campaigns.

Unfortunately, sometimes manufacturers fail to exercise the proper amount of oversight and produce products that are dangerous, have some sort of defect, or malfunction. When this happens, customers can fall victim to serious injuries through no fault of their own.

Products that are defective or do not work as they should are dangerous, and their manufacturers can be held liable for the injuries they cause. Some examples of product liability include:

• Mispackaged or contaminated food
• Automobiles with defective brakes or airbags
• Toys that present a choking hazard
• Products that cannot be safely used as advertised

Defective products are often recalled quickly, but it is difficult for manufacturers to perform recalls before someone suffers an injury. Consumers should keep an eye on recall lists to make sure the items they purchase are safe to use.

Media Hosting Platform WordPress Targeted by Hackers

Posted by Tim J. on Apr 13, 2013 in Public Media | 0 comments

WordPress, an easy-to-use website building platform, has enjoyed widespread popularity all over the world. It is highly customizable and can create robust websites without using a significant amount of the more complicated aspects of HTML or PHP. WordPress is so popular, current estimates indicate as many as one in six sites use the platform in one way or another.

When just about anything becomes popular on the internet, it gains a lot of attention from hackers. WordPress is no exception, and attacks on WordPress sites are becoming increasingly widespread. Hackers typically brute-force passwords to WordPress accounts that use the default username, admin. Brute-forcing a password means simply trying every possible combination of letters and numbers until the right one is chosen. Because many WordPress accounts use the default username, they are vulnerable to brute-forcing since the second layer of security that comes from having a unique username is not present.

Hackers use compromised accounts and computers to create networks of infected computers that perform distributed denial of service attacks (DDoS). A DDoS attack on a site occurs when hacked computers make thousands of requests to a server, overwhelming it and essentially blocking access to the site.

Experts suggest using complex passwords and advise against using “admin” as the username for WordPress accounts.

The benefits of music lessons at a young age

Posted by Tim J. on Apr 7, 2013 in Music Lessons | 2 comments

According to a recent study by the New York Times, there are very real benefits to enrolling your children in music lessons at a young age. For every one of us who was forced to sit through piano lessons every other day for years of our childhood, there may be some very tangible benefits and vindication for our oh-so-overbearing parents.

Studies show that individuals who were enrolled in music lessons (for even as little as two years) showed enhanced brain responses to sound than those who did not have any formal music training. This is encouraging news for individuals who wish to make sure that their children have a solid foundation in the arts, as well as discipline and focus that comes with regular music lessons.

While some parents may wish to hire in-home music tutors, many professional recording studios also offer music lessons to young students. The benefits of these studios are often clear…your child can learn to play an instrument by a professional musician, and often can practice the louder instruments (think drums and electric guitars) in a soundproofed studio…a much better option than your home’s living room or dining room!