What Will Happen if an Individual Refuses to Take the Chemical Test?

According to Washington State implied consent law, if you are stopped and arrested by a police officer, who suspects that you have driving under the influence, you agree to take a chemical test to show what your blood alcohol content is. Most often you are asked to take a breath test unless you are unconscious, or there is suspicion of drug influence. In those cases, blood tests are given. These tests must be administered with two hours. Contrary to popular belief, you can also be arrested for DUI even if you are in the driver’s seat but not driving. The car may not be going, but Washington DUI laws assume that the driver may start operating again. At the time you are arrested for a DUI; the police must inform you that you can decline the test, but you might be forfeiting your license and receive other penalties if you are convicted. With a refusal, the officer must tell you about license suspension and information about how to arrange for a hearing. A police officer usually cannot force you to take the test except in cases where there are severe injuries or death. The arresting officer will mark your license and give you permission to drive for 60 days or until your hearing date arrives.

In Washington State, it is not a wise idea to refuse the chemical tests when arrested for a DUI. If this is your very first DUI offense in the state of Washington, your jail time could be up to one year and a fine ranging from $350 to $5,000. When you get the license suspension for one year for refusing the tests, you could still get a conviction if a prosecutor claims you refused because you knew you were intoxicated above the legal limit.

If you have been arrested for declining to take the required chemical test, talking to a good lawyer who knows the DUI laws in Washington is a wise idea. This is especially true if your DUI experience involved property damage or injuries to persons. If this arrest is your second or more DUI, the consequences can be very severe and can strongly affect your life. The DUI laws are very strict, and a lawyer can inform you of the laws and help you receive fair treatment from the courts of law.

State to state, DUI penalties and sentences different according to state laws. Some states have tougher fines, longer license suspensions or more time in jail than others. Usually, sentences depend upon whether the defendant is a first time or a repeated offender. Washington state is similar to other states in that fines, jail or prison time and license suspension or revocation significantly depends on the number of past DUI convictions. The type of prior charges can also make a difference in the sentence a judge hands down, as recent hit-and-run or vehicular manslaughter charges would have an impact on the decision. For individuals living in cities such as Seattle, license suspension or revocation is likely if they are arrested and convicted of a DUI, but the amount of time varies from case to case.

In Washington state, drivers often face suspensions or revocations when they are initially arrested and when they are brought up on charges. The amount of time their licenses are suspended or revoked also depends on whether they consent to breath or blood tests for their blood alcohol content. Drivers that refuse to take the test usually get longer revocations or suspensions. Adults over 21 with a BAC of 0.08 or higher and youth under 18 with a BAC of 0.02 or above can receive anywhere from a year to four years suspension or revocation, depending on the amount of previous offenses. Sometimes drivers can obtain an ignition interlock device.

Once drivers’ licenses have been suspended or revoked, they have a chance to argue for reinstatement during a hearing, which must take place within 20 days of the arrest. They need to request a hearing to challenge a suspended or revoked license. Even if they can get their licenses reinstated, drivers can still face an additional license revocation or suspension as well as fines or jail or prison time if they are convicted of DUI charges.

When faced with DUI charges, defendants interested in having their licenses reinstated to need to make sure to file paperwork within the state’s 20-day time frame. During the arrest, it is important that they hold on to any paperwork from police officers, including license revocations. Individuals interested in an ignition interlock device need to make sure to make a request, either right after the arrest or initial revocation or suspension hearing.

Our Dellino Law Firm are experienced in handling DUI cases can often help defendants to have their charges reduced or cases dismissed entirely. In DUI cases, defense sides sometimes argue for inconclusive results on field sobriety tests, the presence of alcohol in mouthwash or other substances, a case of “mouth alcohol” or improper administration of breath or blood testing as DUI defenses. With the help of an attorney, a defendant may be able to obtain paperwork to show inconsistencies or errors with sobriety or breath tests.

Can an attorney get my ticket dismissed?

Once you are assigned a traffic citation, you are in the system. It gets taken to the police station at the end of the officer’s shift. A few days later, it is taken to the courthouse where it is entered into their database. That is where it sits until such time as your case appears on the court’s call. You show up at the designated location, find your courtroom, and 30 minutes later your case is called, and you freeze. The judge asks you whether you’d like to come back for a trial, and you are still frozen. The case is set for trial, and you are given a trial date a month later.

The good news about freezing up is you did not enter a guilty plea. You would have been at the mercy of the prosecutor and the judge. They do not care what the other consequences might be for you, so long as your fine and court costs are eventually paid.

When you realize that you do not know how to try a case, it is time to contact a traffic attorney. That is a good decision because had you pled guilty, you’d have been convicted of the a traffic offense in Virginia, and points would have been assessed against your record. You’d probably also experience a painful bump in your insurance premiums for at least two years. That is just one of the consequences of a conviction.

An experienced Virginia traffic attorney in can look at a ticket and know within 30 seconds whether there’s a likelihood of getting it dismissed. They know this because they’ve looked at thousands of them. Those 30 second assessments usually involve technical defenses. Other reasons might include the officer not appearing at your trial as a complaining witness, a plea to an equipment violation in return for dismissal of the moving violation, or an agreement to pay the fine then and there in return for release subject to successful completion of a defensive driving program. Many of those programs can be attended over the internet.

Traffic lawyers also know which tickets they cannot get dismissed. Those are the ones that are up for negotiation. When a traffic attorney is in the same courtrooms every day with the same prosecutors and judges, the familiarity factor becomes an effective device, particularly if that attorney has credibility. Never try to represent yourself. You stand a high likelihood of a much better result with a professional Virginia traffic attorney that understands the traffic laws of Virginia.

Our traffic attorneys also represent client that have received a traffic citation in the following areas in Virginia:

What Qualifies As Discrimination at a Workplace?

If you think your employer is treating you unfairly at work, then it is your right to press charges on them. Employment discrimination is illegal, and you should take legal action to have your employer punished. The following article provides an overview of discrimination at a workplace.

What is discrimination?

Workplace discrimination is where an employer treated you or a group of people differently from others in another group but situated at the same place. Employment discrimination that goes against the California public policy is unlawful. Public policy is anything that has been prohibited by regulation or law established by an agency of the government or passed by the legislature. This includes statutes that forbid discrimination against individuals who belong to protected groups. As well as individuals of a particular race, sex, disability, national origin, religion, sexual orientation, marital status, genetic information and age (above 40 years).

Public policy protects individuals who complain regarding reduced wages or those who exercise their voting rights, domestic violence rights, family leave rights and those who protest against an issue of public concern.

Your employer cannot change the terms of your employment contract or expel you if their reasons are against public policy. For instance, your employer cannot allocate more work to you contrary to what is stipulated in the job contract, because of your sex, race, religion , national origin or due to the fact that you protested against safety violations.

Enforcing Discrimination Laws

There are different ways of enforcing your rights against discrimination depending on the public policy that has been breached. In California, you can make a claim with the California Department of Fair Employment and Housing (DFEH) within a year. This is an agency of the state whose duty is to enforce California’s anti-discrimination laws.

The other way of pursuing a discrimination claim is by submitting your application to the Equal Employment Opportunity Commission (EEOC) within 300 days. The EEOC is an agency charged with enforcing federal laws on anti-discrimination.

What does the DFEH do?

It will process your charges and decide on whether there are enough grounds to pursue your case. It uses its attorneys to follow up on your case. You will be given a letter giving you the right to sue. Most federal agencies are short on staff and have a shortage of funding which delays the process of looking into claims of discrimination. This is the reason most people prefer hiring an attorney to pursue a discrimination claim.

Hiring a Business Attorney

Consulting a lawyer is the fastest way to enforce your rights against discrimination. A labor discrimination attorney will go through the facts of your case and tell you whether it is right to file a claim. If you meet all the condition for filing a suit, your attorney will prepare the necessary documentation and file the claim for you in court. Your lawyer will plead your case against the defendant (your employer) in a court of law. Our experienced business law group will ensure you are awarded the damages that apply to your case at this moment ensuring justice is served.

Damage Awards

If you win a lawsuit against your employer’s act of discrimination, you can get several kinds of compensation like emotional distress, lost wages, statutory attorney fees, and litigation costs. You can also be awarded punitive damages in order to punish your employer.

I’ve Been In A Car Accident In Riverside, Should I Contact A Personal Injury Attorney?

America is home to over 3.8 million car accidents in 2013 alone.  Each one of those accidents resulted in an injury that needed medical attention.  Most officials would agree that the majority of accidents occur from people’s disregard and human error.  Many accidents can be prevented just by paying attention to the road and being aware of others.  However, with being such a technological society, cell phones, and other devices are now keeping drivers from making safe decisions.  Not only are car accidents physically damaging, they can cripple families financially as well.

Should you contact a personal injury attorney if you have been in a collision, but you were not injured?  Yes, in most car accident cases, injuries will not make themselves present for a day or two after the crash occurred, so it is important to contact a personal injury attorney promptly.  A personal injury attorney will take the necessary steps to ensure that you and your family are taken care of.

It is important to know how to handle a car accident, because it is not a matter of if, but when.  After an accident has occurred, check for any injuries you may have sustained.  Check on the other party, if there are no injuries call the local police so an official report can be taken.  If you have a camera on hand, be sure to take photos of the area where the accident occurred, your vehicle, as well as the other parties vehicle.  If the police officer asks you questions about the accident be sure to give accurate and precise responses, don’t answer any questions you do not understand or are unsure about.  Gather phone numbers, names, and addresses from all occupants of the other vehicle, including passengers.

Personal injury attorneys are skilled experts in all laws surrounding car accidents and injuries; they can ensure that you and your family are rightfully protected.  It is vital that you consult an attorney if you have been in a car accident in Riverside, California as soon as possible.

Washington State Lawmakers Attempting To Make 4th DUI a Felony

Washington state lawmakers are attempting to change the state’s DUI laws so that a 4th DUI conviction within a 10 year period would be a felony.  Current DUI laws make a 5th DUI conviction within 10 years a felony charge.

Sen. Mike Padden has introduced Senate Bill 5105 which will be before the Senate Law and Justice Committee this year.  There have been discussions in previous years to lower the felony DUI threshold, but they never materialized into law because of concerns over the cost of housing additional DUI felons.

However, after having family members of victims killed by drunk drivers speak at public hearings, lawmakers believe they have enough support to change the felony DUI laws in Washington.  Currently, neighboring states Oregon and Idaho have DUI laws that make a 3rd DUI conviction a felony.

Being arrested for criminal DUI can have life changing consequences, especially if you’ve been convicted previously and face felony DUI charges.  The Seattle DUI attorneys at Dellino Law Group represent clients arrested for DUI in the Seattle area.

Major Crashes On Both Sides Of I-80

It all started with a crash that had already happened on one side of the highway. Commuters were completely backed up with stop-and-go traffic on I-80 caused from the crashed cars that blocked the road. It was reported that this all happened right about the time of morning rush hour when everyone in the Sacramento area is on their way to work. As one side of the highway is backed up from a crash, it becomes a spectacle to the opposite side of the highway. Around 8 a.m. on Monday morning the CBS13 news crew was setting up to film a segment on the scene of the crash.
As the camera was rolling, it caught a second single car accident on the opposite side of the highway. The truck had veered off into the median of the two highway roads. This, of course, caused a chain reaction of cars colliding into one another. One of the cars that had stopped after the initial single car had smashed into the median, a second vehicle that was approaching failed to see the stopped traffic and rear-ended the car so hard that the car went from, the highway road, into the truck that had hit the median. This created a mass amount of commotion on both the westbound and eastbound sides of I-80.
It was reported that the second car that was hit, collided with the truck as the driver was going to open his door to get out. This slammed his door shut and shook his entire truck. There were at least five vehicles involved in the accident. There is no further information as far as how badly anyone was injured in the crash. You can also watch the video footage on the news channel’s website.
In the event, that there is an accident on the road, just make sure that you’re still being cautious that you are still driving well. If you are ever in an accident like this in the Sacramento area, and you are hurt and anyway from the accident you were a victim in, make sure you acquire a Sacramento accident lawyer.

Suspected Drunk Driver Causes Crash On I-805

The California Highway Patrol found a massive chain reaction of collisions caused by a suspected drunk driver. The crash caused three men to lose their lives and left five others in critical condition. The driver was arrested by highway patrol for the suspicion of drunk driving that Saturday. The driver was said to have been driving a Cadillac Escalade SUV.

California Highway Patrol said that the SUV was traveling northbound from I-805 and was headed for the transition ramp to Route 52 westbound. The reports say that the crash first started because the suspected drunk driver had lost control of his SUV. When he lost control, the car veered off the main highway and into the dirt embankment on the side. In doing so, the Escalade managed to flip multiple times. Four of passengers inside of the vehicle were not wearing a seatbelt at the time of the crash. Out of those four, two of them were ejected from the car as it was rolling and died on impact. The fifth passenger was, in fact wearing a seatbelt, but was found dead along an off ramp north of Clairmont Mesa.

The three desist passenger’s names were not released to the public, but their age and the areas they were from were said to be a 35-year-old Ridgecrest man, a 23-year-old San Diego man and a 29-year-old San Diego man. Aside from the initial damage of the accident, there were multiple other accidents that were caused because of this. Multiple cars had collided together as a result of the crash. There were also two motorists that found themselves mixed up in the commotion and were said to have minor injuries.

The surviving passengers were quickly transported to the Scripps Memorial Hospital La Jolla. Once the officers on the scene had determined that the suspect driving the Escalade had been drinking and driving, they drove to the hospital where he was charged and arrested. His name has not been released at this time.

One major lesson that people should take from incidents like this is that accidents happened all the time, but they are even more probable if someone chooses to drive under the influence. It’s all about personal responsibility when it comes down to brass tax. Thing’s like this can completely alter someone’s life, and it causes a lot of financial and emotional stress on top of that. If you are a San Diego resident, and you have fallen victim to an accident such as this one above, make sure you contact a San Diego car accident attorney to see what legal option you have.

San Bernardino Family Hospitalized After Slammed By Drunk Driver

San Bernardino authorities responded to a car accident involving two vehicles, a white 1997 Toyota Corolla occupied by a family of four and a silver 2004 Chevy Impala.  The accident occurred around 11:00 a.m., when the Impala ran the intersection of Sixth and D Street and collided into the passenger side of the Corolla.

30-year-old Araceli Urbano was riding in the front passenger seat with her husband and two children when the accident occurred.  San Bernardino Fire Department had to cut Araceli out of the wreckage in order to remove her from the car.  Araceli was transported to Loma Linda University Medical Center but passed away later that day.

Her husband, Victor Hernandez, and their two children in the backseat of the car were all taken to a local hospital for minor injuries.  Authorities stated that one of the children involved in the accident was a infant.

After crashing into the Urbano’s car, the man operating the Impala tried to flee on foot but was stopped by witnesses.  The driver of the Impala was identified as 30-year-old Melvin Isiah Jones of San Bernardino, who was arrested on suspicion of gross vehicular manslaughter while intoxicated, DUI causing injury, and felony hit-and-run.

Any car accident can cause financial and emotional turmoil, not only to the individuals involved but families and loved ones are affected as well.  If you ever find yourself involved in a car accident its vital that you contact local police and a car accident lawyer in San Bernardino immediately.

Areas where car accidents in San Bernardino County frequently occur include:

Car Crash In San Jose Leaves Two Injured

San Jose police are currently investigating a  car accident that sent ten people to the hospital and caused eight vehicles to crash into each other. Police believe that the reasons for the collision started  because a driver ran a red light. Ocala Avenue near Capitol Expressway was closed down by street cleanup crews  for over 10 hours. The accident was reported to have happened at 9:28  p.m. on August 18th.  A Mercedes was traveling down the street at moderately high speeds according to police. The driver ran through the red light at the intersection. The driver then sideswiped a car on  the road and caused the chain reaction of collisions that involved six other vehicles. The Mercedes had rolled several times in the accident and then caught fire in the process.

There were three other passengers trapped inside of the vehicle as it was burning. “The officers, who were first on the scene, viewed the crash, pulled out fire extinguishers and requested more fire extinguishers because they saw the vehicle on fire with occupants inside,” said Sgt. Lawrence Birch. Emergency crews were able to put the fires out and rescue the passengers from the once burning car. Both were in critical condition but are more than likely to pull through and survive.   When the car caught fire the driver of the Mercedes tried to escape from the police on foot. The police tracked him down and made the arrest.  The driver was transported to the hospital with major injuries. Police said speed and alcohol played major factors in the cause of the accident. The driver has not yet been identified, but sources say that the driver is facing  felony DUI charges.

The police stated that there were six victims were sent to the hospital with various injuries. It’s not specified if their injuries were severe or minor.   Unfortunately, the roads we shared with people that choose to not drive responsibly. It’s incident like these that leave people critically injured, just like the three that were in the car with the driver or the six other victims with wrecked cars. All because one person chooses to do the wrong thing. There are actions to take if you are  in a situation like this one. The first step is to report any injuries if you have to the police. If you need help make sure to contact a car accident lawyer in San Jose.

Statement From Newport Beach Police About DUI Patrols

December 12th Newport Beach Police released a statement that their officers were going to be hitting the streets hard to strengthen the enforcement of DUI patrols. The statement issued by the department states, “Officers will be looking for signs of alcohol and drug impairment drivers with specially trained officers available to evaluate those suspected of drug-impaired driving.”

The statement goes on the give statistics on past crash reports that have been filed by the department. “Recent statistics reveal that 30 percent of drivers in fatal crashes had one or more drugs in their systems. A study of active drivers showed more tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol”.

It the state of California there was 803 deaths caused by drunk drivers in the year 2012. Nationally it was said that there were 10,000 people killed by drivers that chose to get in their vehicles after being impaired. Sgt. Michael Schaivi went on to say that, “Over the course of the past three years, DUI collisions have claimed three lives and resulted in 177 injury crashes harming 236 of our friends and neighbors.”

The department made it clear that if you are arrested for impaired driving you will be faced with jail time, fines, fees, DUI classes, other expenses that can exceed over $10,000. The National Highway Traffic Safety Administration would like to remind everyone to report anyone that is drinking and driving, or that you feel is driving under the influence, so that they can keep the roads safer.

No matter what you believe in, whether its fate or chance; you still never know what life is going to have in store for you. That is why people need to take responsibility and not drive while they are under the influence. The people always think “that will never be me”, but you never know what life if going to throw at you. Some people have suffered from the irresponsibility of a few. On the chance that you do come into a collision with an impaired driver, and you sustain injuries; make sure you contact a local Newport Beach car accident attorney.

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