Do You Need a DUI Lawyer?

Do You Need a DUI Lawyer?

In the United States, each state has their own laws when it comes to drinking and driving. In spite of this, the number of drunk driving cases continues to double each year over the past couple of years. This only shows that people are not aware or do not consider driving drunk or driving under the influence as a very dangerous and even fatal movement, not only for the driver and passengers but also for other drivers and pedestrians.

Knowing and understanding the laws and the circumstances surrounding driving under the influence could come in handy especially if you get involved in a DUI case. Punishments for DUI cases vary depending on the kind and degree of the case. Aside from this, a number of aggravating factors may affect the sentence to be given to you. To cite an example, it exacerbates your case when you are caught driving while intoxicated with a child below 16 years of age inside the vehicle. You not only put yourself in danger but you also endanger the lives of children. Another good example of an aggravating factor is being arrested for a DUI violation or a DWI violation more than once over a ten year period. Lastly, your case could also go from bad to worse if the amount of alcohol content in your blood when you got arrested is more than.20, the acceptable alcohol content limit. Aside from the mentioned examples, there are plenty of other aggravating circumstances that have been continuously changing over the years.

Considering these aggravating factors, the punishment you will face can be different. Penalties can range from the payment of simple fines and community services to the suspension of your driver’s license and imprisonment. There are some cases where violators get a combination of penalties. Everything will …

Read more

The Importance of Legislating Responsive Laws

The society is governed through the rules of law and not of men to avoid subjective and partial justice, human abuse and corruption, and selective development. These laws are promulgated by competent authorities for the obedience and compliance of everyone residing and sojourning in the territorial jurisdiction of the said laws. The law is defined as the body of rules regulating the conduct of persons both natural and juridical promulgated by competent authority for the compliance of all person within the area of its application. Law making is vested to the competent authorities only to ensure that it has controlling and binding effect to the people for their strict and serious compliance. This competent authority is naturally the institutions granted by the public through the Constitution such power to make laws. These lawmakers are expected to prioritize public interest and the general welfare in the conduct of making every law of the land.

Laws are important because as its definition provides, it regulates the conduct of natural persons and juridical personalities such as corporations and companies that are engaged in serious business. According to the law of nature of humans, we are naturally inclined to be at war with each other for survival. This is in lieu of the theory of survival of the fittest. In everyone’s pursuit for survival and happiness amidst the increasingly scarce resources of our world, it would not be surprising that one accepts something while the other is deprived of the same. In view of this perilous and quarrelsome situation, certain regulations should be made by competent authorities to avoid the escalation of alarmingly serious situations.

These regulations are in the form of laws. They are made into law to provide such rules and regulations binding and legal force to every citizen in …

Read more
The Art of Defensive Driving-1

Driving with Caution in Texas: The Art of Defensive Driving

Defensive driving has become a real and essential set of practices, guidelines, and tips that intend to help motor vehicle drivers avoid all sorts of accidents and casualties.

Defensive Driving has the intention of teaching how to act in traffic, how to avoid potential disasters by following good practices. These are not really basic manners as some of them are not taught when drivers acquire their licenses. These tips are founded on research done in situations where accidents are more common and those where they are almost non-existent. Surprisingly, the places with the least number of casualties are not only related to the number of vehicles that transit there, but the behavior of the drivers have a significant impact on the data.

Defensive driving is highly recommended as it saves lives. There are countless courses that can be taken in order to learn more about how to drive more safely and avoid catastrophes, and these courses exist all around the United States and even in other countries under different formats. In Texas, these lessons can be approved by the Texas Education Agency (Or TEA, for short), which is part of the government of Texas and is responsible for the public education.

These tea approved defensive driving courses can be accessed via a list provided by the agency, and is available online for consultancy. Anyone interested in learning more about the best practices in traffic can check the list, which is organized by the name of the school, its website (if it has one) and a classification of the teachings in that institution rated from one star to five stars. You can also check the phone number, and the TDLR number of each institution.

 The Art of Defensive Driving

These schools are important for Texas because the state has a history with traffic and problems in

Read more

Civil Vs. Criminal Law

Civil Case DefendantIn the United States, a defendant may well be charged with a criminal or civil violation, and there are key differences between criminal instances and civil instances held in a court of law. A degree of proof essential in some of civil cases, higher than the usual typical of preponderance of proof. The plaintiff presents the details of the case and the defendant’s alleged role in causing the plaintiff’s damages (or reasons to uncover for the plaintiff) – fundamentally walking the jury through what the plaintiff intends to demonstrate in order to get a civil judgment against the defendant. The justices often query the attorneys about the difficulties and about the case law cited in support of their position. In contrast, it is not possible for a defendant to buy insurance to pay for his/her criminal acts.

A criminal case is one particular in which the nearby, state or federal government brings an action (lawsuit) in the name of all of its citizens. In specific instances, such as those involving fraud, misrepresentation, intentional infliction of emotional distress, and probate contests, the plaintiff ought to prove his or her case by clear and convincing proof , which is a larger typical and much more difficult to meet that a mere preponderance. The defendant participates by countering the evidence you present and possibly by presenting some of his own. Opening Statements – The defendant has the right to a trial in which either a jury or the judge determines guilt.

Whether you have been charged with a crime or are facing a plaintiff in civil court, it is in your very best interest to speak with an knowledgeable lawyer correct away. In a civil case, the particular person (or a company) who began the lawsuit (plaintiff) has the burden and obligation to …

Read more

Who Is A “Defendant”?

Civil Case DefendantThis is a list of twelve issues (essentially, twelve sets of issues) that well-informed debaters need to know about law and the legal method. When a criminal trial begins, the scales of justice are currently one hundred % in favor the defendant. There’s no checklist or legal kind applied to make a decision the weight of your proof vs. the defendant’s. Public Representation: A defendant who cannot afford their personal attorney for a criminal case will be supplied with the services of a public defender at no cost – but in a civil case no public defender will be appointed the plaintiff is responsible for all attorney costs.

There are quite a few deadlines and time limitations that can impact your rights in either a civil or a criminal case, so consulting an lawyer might aid you recognize your rights and obligations as properly as your choices for resolving the case. Obtaining legal counsel is the only way to make sure your rights are protected every step of the way.

To meet your burden of proof, you do not have to disprove any evidence the defendant presents. The person being sued is known as the defendant.” In a civil case, the person who feels wronged decides no matter if to bring suit and also decides how much funds in damages to seek. The criminal case, the government (in this case the state) would file an action against Ann Smith for the crime of drunk driving. When the prosecution has referred to as all the witnesses for its side of the case and presented all of its evidence, it rests its case.

Specially in much more complicated civil lawsuits such as employment discrimination and defective solution claims, a plaintiff’s utilization of specialist testimony and documentary proof will be critical in proving …

Read more