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Probable Causes for a DWI or DUI arrest

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Police in the US can only detain or investigate a person if they have a valid reason. This is referred to as probable cause, and in the case of a driving while intoxicated (DWI) charge, it is important that there was probable cause for being stopped in the first place, let alone being subjected to a field sobriety test (FST) or a breathalyzer test.

In the US, blood-alcohol content of .08 or over is considered DWI. However, even if you are driving legally under the limit you could be still be drunk without showing signs either in behavior or perception; so there shouldn’t be any reason as to why you should be pulled over. If this has happened to you and you were ultimately arrested for DWI, it is recommended that you find a qualified DWI attorney in your area to help you achieve justice for this wrongdoing.

There are several actions that constitute probable cause for pulling over a vehicle. These actions are including but not limited to:

  • Speeding
  • Erratic driving
  • Swerving
  • No valid inspection sticker
  • Broken tail lights
  • Failure to obey traffic lights
  • Expired plates
  • Failure to use turn signals
  • Loud exhaust

The police can only pull you over if you initially did something wrong, or they have a good basis for suspecting some illegal activity; such as a tip from another person, or personally witnessed the behavior. Once that is established, only then can they require you to take the FST and chemical test if they:

  • Smell alcohol in your breath or in the car
  • See cans of beer or other alcoholic beverage containers
  • Witness slurred speech, erratic movements, or strange behavior

Failure of the police to prove probable cause at either the stoppage or test administration in any DWI charge can result in a dismissal of all charges. This can greatly affect you if you have been arrested for DWI; a DWI conviction is a serious matter, so hiring the right attorney is critical. A DWI attorney will make sure that probable cause can be established so that your case doesn’t have to be more difficult than it needs to be. If you’ve been charged with this kind of alcohol related crime, having an experienced legal profession by your side may help you reduce punishment or protect your license. Your life may be effected by a DWI charge if you do not take action as soon as possible.

Addressing Sex Discrimination in the Workplace

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Sex discrimination in the workplace is still a problem in this day and age, despite the multiple laws penalizing it, particularly Title VII of the Civil Rights Act of 1964 and the Equal Pay Act. While the laws are carefully phrased so that it applies to both men and women, most people tend to associate this form of discrimination as disproportionately affecting women. If you believe that you are being discriminated against because of your gender, whether you are a man or a woman, you do have legal options available to you. There are venues for addressing the issue on both the state and federal levels, and if that doesn’t work, you may be able to take your case to court.

Sex-based discrimination in the workplace includes issues of hiring, termination, compensation, job training, promotion, sexual harassment, pregnancy-related discrimination, and retaliation for opposing, complaining, or suing for sex discrimination. Any of these issues may eventually constitute the basis of a sexual discrimination lawsuit.

Will I Need a Lawyer?

The laws pertaining to sex discrimination are manifold, which also increases the complexities for filing a complaint. It would be wise to retain the services of a sex discrimination lawyer to ensure that the legitimacy of your complaint is not compromised by ignorance of the technicalities of the law.

For instance, a victim of discrimination is directed to lodge any discrimination complaints with the state commission on discrimination or the federal United States Equal Employment Opportunity Commission (EEOC) before bringing it to court. However, there is a statute of limitations of 180 days for filing with the EEOC unless a complaint was filed before the state commission, in which case the EEOC statutory limit is extended to 300 days.

Federal law requires that a plaintiff exhaust all possible administrative recourse before filing a lawsuit. Failure to file with the EEOC before the statutory period is over may mean that you may not file a lawsuit under Title VII or the Equal Pay Act, depending on your particular case.

Auto Accidents Due to Negligence

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The elements of a personal injury lawsuit require that a plaintiff proves that the defendant was careless or did not act with reasonable care i.e. tailgating and that this negligence resulted in injury to the plaintiff. If the plaintiff did not sustain any injury or monetary losses i.e. lost wages, the case has no merit as a personal injury claim even if negligence can be proven.

Negligence is an oft-repeated term when it comes to personal injury cases, but in the case of an auto accident, assigning fault is a key factor in determining liability. However, this is not always easy to do. Even when an auto accident involves a pedestrian who is seriously injured, it does not necessarily mean it was because the driver was at fault. A driver who takes reasonable care might not be liable for an auto accident in every situation.

But if both parties are to blame, it’s a little more complicated. For example, if a pedestrian ran across the road outside of the crosswalk to catch a bus without looking to see if it was clear and was hit by a car going too fast, you may both be considered negligent even if the pedestrian was the only party who sustained an injury. This may also apply in the case of an auto accident involving two cars where only one motorist was injured. In such cases where blame is shared, some states do have partial responsibility statutes in place that allow for the recovery of damages.

Modified comparative negligence defined

In cases where the plaintiff can be shown to be partially responsible for the accident, damages can only be claimed if the plaintiff is less than 50% at fault. In many states, a person who is partially at fault for an accident can only receive compensation that is comparable to the amount of blame that the other party had for the accident. For example, if a car accident victim would have been awarded $100,000 in a personal injury case, but they were 40% responsible for the accident in question, they would only be awarded $60,000.

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