Wrongly Charged with a DWI? 4 Keys to Setting the Record Straight

The criminal justice system is far from perfect, and every year, innocent people find themselves defending against criminal charges for alleged acts that never occurred. People who are wrongfully charged with a DWI should take action quickly in order to adequately defend against the accusations. After a case is dismissed, there are further steps those who have been wrongfully arrested and accused of a DWI may take in order to be vindicated, as well as to remove any notation of the arrest from their permanent criminal record.

Challenging Probable Cause

According to the protections afforded by the federal and Texas state constitutions, officers must have probable cause to believe a person has committed an offense prior to arresting them. For DWIs, probable cause can be obtained through roadside sobriety testing, preliminary breath tests, bad driving, a smell of alcohol and bloodshot eyes. By filing a probable cause motion, it is possible to challenge the arrest and get the case dismissed if probable cause is lacking.

Independent Testing and Review

In some cases, a blood sample is taken and sent to a laboratory. Blood analysis is dependent on the analyst’s ability to interpret the data. If a blood alcohol concentration is obtained that indicates a driver had a blood alcohol concentration above .08%, the driver should request retesting by an independent lab.

Breathalyzer machine operators may have conducted breathalyzer testing in an inappropriate manner, rendering the results obtained unreliable. A careful review of breathalyzer results, calibration logs and the expiration date of the solution used can prove fruitful. If you would like to pursue this option, contact a DWI defense attorney.

Filing a False Arrest Lawsuit

In the event that an officer charged a person with DWI when he or she lacked probable cause to do so, the person may consider filing a false arrest lawsuit against the errant officer. According to FindLaw.com, such a lawsuit is possible through Section 1983 of the Civil Rights Act as a civil rights violation.

Expunction

After a case has been dismissed or a person has been found not guilty, they are eligible for expunction of the offense and arrest from their record. Expunction will remove any notation of the arrest or the charge, effectively clearing the person from future harm.

It can be terrifying to be accused of a DWI when a person knows they are innocent. By being proactive and actively defending against the charges from the start, people may be able to protect both themselves and receive vindication for the wrongs they have experienced.

Motorcycle Mishap: 4 Keys for Picking up the Pieces after Your Crash

All auto accidents are traumatic, but motorcycle accidents are especially so. Motorcyclists tend to sustain more severe injuries, have more damage to their vehicle, and even to have more emotional distress over the accident. However, there are ways that you can help yourself to begin the recovery process.

Document All Injury

Many people do not get adequately compensated for their injuries because they failed to document all expenses. These include medical bills, medications, tests, special devices like neck braces, transportation and parking for appointments, and missed work. In addition, you need to document the impact on your life. Do you have pain? Nightmares? PTSD-like symptoms? Emotional distress? Fear of riding? Buy a notebook and write down whenever you are in pain, upset, or cannot handle daily activities as a result of the accident.

Get a Lawyer Immediately

Insurance companies deal with accidents on an hourly basis and are skilled at finding ways to not pay settlements. You do not have the experience needed to go up against them. However, motorcycle accident lawyers Naqvilaw.com and similar firms deal with these companies every day and know how to advocate for you. Get a lawyer while it is early enough to collect evidence and document your case.

Follow Doctor’s Orders

Many people initially feel fine and are eager to resume their daily activities. However, many of the injuries incurred in a motorcycle accident can become chronic or life-threatening if you do not follow your doctor’s orders regarding rest, work restrictions, and other parts of recovery. It is important to follow your doctor’s orders even if you think you can handle doing more.

Do Not Discuss the Case without Your Lawyer’s Approval

Anything you say can be used against you. Insurance companies will take things out of context or misrepresent your words to make it look like you were at fault or like you aren’t as injured as you claim. They may even try to interview your friends, coworkers, and neighbors. Do not discuss your accident unless your lawyer says you may, and even then be sure they have approved your statement.

Motorcyclists are often blamed for accidents that were not their fault and denied the insurance settlements to which they are entitled. These four tips will give you a better chance at getting the medical care and payment that you need to pick up the pieces and move on with your life.

Stay Safe On The Road: The Six Most Common Auto Accident Injuries

In 2012, the National Highway Traffic Safety Administration reported that more than 2.3 million Americans sustained injuries in car crashes, a figure that was up 6.5 percent from the previous year. The nature of the injuries varied, but there are six kinds of injuries that are most commonly reported.

Head injuries

Many drivers and passengers incur brain injuries, which occur when the head strikes an object with intense force. These types of injuries can be difficult to detect because a victim may not immediately show any signs of injury, but they could still be suffering from swelling or bleeding on the brain.

Neck injuries

People involved in motor vehicle collisions may also sustain neck injuries. These can range in nature from the relatively moderate discomfort that comes with whiplash or neck strain, to the more severe and long term pain associated with disc injuries.

Back injuries

Back injuries often occur as a result of the violent force that drivers and passengers experience when vehicles collide. These injuries can come in the form of strain, sprained, fractured or broken bones in the back, damage to nerves within the spinal column and a host of other problems.

Facial injuries

Facial injuries can occur when vehicle occupants slam into the steering wheel or dashboard, when an airbag deploys, or due to shards of broken glass propelling through the cab of the vehicle. Victims of these injuries can suffer from cuts and scrapes or more serious problems with joints and muscles of the jaw.

Internal injuries

Internal organs like spleen, kidneys or liver are sometimes damaged when a person is involved in an accident. Broken or fractured ribs sustained in a crash can puncture a lung or other organs. All of these injuries are potentially life threatening, so victims must seek immediate medical attention.

Psychological injuries

Car accident victims can suffer lasting emotional problems that stemming from the crash, particularly if it caused a fatality. These problems could be anything from short-term emotional anguish to symptoms akin to Post Traumatic Stress Disorder.

Accidents can be avoided by following traffic laws, addressing mechanical issues as they arise and through regular use of seat belts and child safety seats. Using a little extra caution ahead of time could be enough to avoid being counted among the millions who are hurt in crashes every year. If you suffer injuries in a car accident, be sure to talk to personal injury lawyer to recover your losses.

Informational credit to Cantini Law Group Accident and Disability Lawyers.

Car Tech in 2015: Exciting Advancements to Look for This Year

Not only has technology improved how we communicate and interact with each other but it has also improved the actual driving experience. There was once a time where the only features in a car were air-conditioning and a radio, but now there are an abundance of technological advancements that make a car more enjoyable to drive. While it may take time for the world to warm up to, car technology is taking over the automobile world. Here is a look at some of 2015’s best car technologies to get excited for this year:

Apple CarPlay and Android Auto

Smartphones have become important in how we choose to live our everyday lives and now it will become an integrated element in how we drive our cars. Apple CarPlay and Android Auto will lead the way. By connecting a USB cord from your phone to your car, and the click of one button, Apple or Android interface will appear on the car’s touch screen. This innovative technology allows drivers to talk on their phone, text, get directions and play music from their phone without it being in their hand.

Further Development of Self Driving Cars

While the concept of a self-driving car is relatively new, it has gained a lot of traction in the last year, and will gain even more in 2015. At the 2015 Consumer Electronic Show, an Audi A7 Piloted Concept was driven 560 miles from San Francisco to Las Vegas as a test drive. Seeing that it held up, more cars will begin to reveal their renditions of self-driving cars and jump on this exciting bandwagon..

Gesture Control

The ability to control something without touching it could come in handy, especially while driving. It actually eliminates the act of taking your eyes off the road and relying on your ability to remember where things are. Gesture control technology will enable you to turn up the volume, or turn down the heat by simply raising your hand, and control basic features without taking your eyes off the road.

Lane Change Assistance

This technology isn’t brand new, however, developments continue to improve lane keeping features to help drivers stay safe. While most users probably won’t find this as “sexy” as self-driving cars, it is definitely cutting edge and useful. Each year, there are plenty of lane changing accidents and this technology is here to eliminate some of it by examining the traffic and giving proper signals when it is ok to change lanes.

Wi-Fi Capabilities

2014 already marked the start for cars equipped with Wi-Fi, but that mostly only featured high class cars like Audi, Mercedes and BMW. In 2015, GM will take a crack at installing Wi-Fi in their latest modeled cars. OnStar will provide the Wi-Fi services through a subscription plan that will require users to pay for it after so long.

These technologies will change the way cars are driven in the new year. The technology we use in our everyday lives are intertwined with how we use transportation, and this integration will only continue as technology advances.

The information for this article was provided by the professionals at the Speedy Apollo Auto Service Centres who provide oil change services in Calgary.

Six Dangerous Driving Habits That Can Lead to Serious Injury

Many drivers today have adopted rather dangerous driving habits. In order to drive safely, it is necessary to keep your eyes and ears focused toward the road and your surroundings. However, many drivers participate in dangerous activities that pull their attention away from the road when they are behind the wheel. This can result in serious injury to the driver, passengers and others outside of your own vehicle. Here are some of the more dangerous driving habits that drivers may have.

Texting

When you text with your cellphone or smartphone, you inevitably are using at least one of your hands to text. Your eyes may dart back and forth between the road and your phone. In addition, your attention is focused on your phone rather than entirely on the road. This is a dangerous habit, and some areas have already made it illegal to text while driving.

Talking on the Phone

Just as texting and driving can be dangerous, the same holds true for talking on the phone and driving. When you talk on the phone, you may have one hand on your phone, and you may not be listening to the sounds of the road that may alert you to dangers around you. Even hands-free talking may be dangerous because you are not fully engaged in the activity of operating the vehicle.

Eating

There seems to be an almost endless number of fast food restaurants available to choose from, making it easy for drivers to pick up food to eat as they cruise down the road. However, this activity also pulls your attention away from the road, and it often requires one or even two hands to complete. More than that, some foods may drip or spill, which can cause further distraction.

Putting on Make-Up

Some women will take a moment while driving to touch up make-up while they are traveling to a location. In some cases, women will apply all of their make-up for the day while commuting to work. This requires the woman to look in the mirror, use hands to apply the make-up ad focus on herself rather than the road.

Shaving

Likewise, some men have adopted the habit of using an automatic or electric razor to touch up their shaving efforts in the car. This also requires the use of one hand, and it places attention on a mirror and the man’s face rather than the road. In addition, there is a sound from the electric razor that can drown out the sounds of the road that the driver needs to be paying attention to.

Smoking

Smoking is a very common habit for drivers, but it can be incredibly dangerous. Smoking requires the driver to use a flame to light a cigarette and to hold that lit cigarette for several minutes of time. The driver is essentially holding a lit object rather than putting both hands on the wheel. In addition, ashes from the cigarette can drop down onto the driver or the car, and this can be a serious distraction.

These are all dangerous habits that can result in serious injury. If you or a loved one has been injured in an auto accident due to someone else’s neglect, but sure to talk to a lawyer for the best outcome.

Informational credit to Bronson Jones & Co.