will a dui show up on my background check – Santa Clara

will a dui show up on my background check

Driving under the influence of alcohol can carry severe consequences, and it can be difficult to navigate the legal process without some guidance and understanding of the different offenses.

Here, we discuss different types of DUIs, and break down how different offenses may or may not affect you.

Misdemeanor vs. felony DUI

The majority of offenders will only face a misdemeanor, especially if it is their first offense. A misdemeanor could lead to punishments of varying lengths and fines (see below for more detail), such as jail time. The consequence will usually match the level of offense. Often, a misdemeanor offense does not mean the loss of civil rights, such as the right to vote, to serve on a jury, or to practice certain professions such as law or being a teacher.

A DUI felony arises if, for example, an offender’s drunk driving results in an accident with another vehicle, property, or person. This usually means a sentence of one year or more to be served in prison in addition to paying fines appropriate to the severity of the crime. Restitution could also be sought for victims of the accident.

A typical drunk driving offense could also automatically become a felony charge if the driver committed an illegal act, neglected a responsibility while driving, or caused bodily harm to another person. In some states, a third DUI offense could automatically be classified as a felony, even if there is no negligence or human injury involved.

DUI alcohol vs. drugged driving

While we have covered DUI alcohol offenses, it may be useful to understand the differences between a DUI alcohol offense and a drug offense. A person is considered guilty of driving while under the influence of any drug if they are found guilty of being under its influence at the time of arrest. They can also be found guilty of drugged driving if found intoxicated by both liquor and drugs at the time of arrest.

However, it is not as easy to test for driving under the influence of drugs on the spot, especially in comparison to a DUI. Though laws vary per state, authorities are more likely to prosecute a driver under the grounds of “impairment.” This means that the driver must be impaired by a particular substance and unable to drive safely in order to be found guilty of a DUID, or driving under the influence of drugs. It must be proven that a driver was actually impaired behind the wheel. This definition and level of “impairment” can sometimes be left up to the discretion of police and prosecutors.

Different level of offenses

For most people who are issued a DUI, it is usually their first offense. However, consequences increase if you incur more than one DUI offense:

First offense: A first offense DUI is usually just a misdemeanor offense. Depending on the state you live in and your blood alcohol content (BAC) at the time of arrest, the penalties you face could vary and could include jail time, or a fine that could be anywhere from $150 to $5,000. The penalty could also include some schooling, such as instructional abuse treatment and correction.

Second offense: A second DUI offense, again, varies per state, but usually sees harsher variations of the penalties found in one’s first offense. Your BAC will play more of a determining factor during the second offense. If you had a prior offense within the last seven years and are convicted of another DUI, you face possible license revocation for two years if your BAC was less than 0.15%. You also face the same consequences if there are no conclusive test results. If you decide to refuse testing, then the revocation period could run as long as 900 days. Jail time could be from 30 days to a year, and fine rates jump up to a possible $1,120.50 to $5,000 for a second-level offense.

Third offense: A third DUI within seven years will mean severe penalties regardless of what state your DUI is issued in. Possible penalties include the loss of driving privileges for up to three years, thousands of dollars in fines, and a minimum of 90 days in jail. Minimum fines could start as high as $1,970.50 and run up to $5,000. If convicted of a DUI with a .15% BAC, your license revocation could be for three years. If you’re found guilty of a third-level offense and your BAC was above .15%, the license revocation is four years.

Although we have outlined some basic knowledge and laws surrounding various types of DUIs and their consequences, it is best to consult a local DUI defense attorney to get the most accurate information for your unique situation and the state you live in.

will a dui show up on my background check

will a dui show up on my background check

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is a dui a felony or misdemeanor in california – Baytown

is a dui a felony or misdemeanor in california

Driving under the influence of alcohol can carry severe consequences, and it can be difficult to navigate the legal process without some guidance and understanding of the different offenses.

Here, we discuss different types of DUIs, and break down how different offenses may or may not affect you.

Misdemeanor vs. felony DUI

The majority of offenders will only face a misdemeanor, especially if it is their first offense. A misdemeanor could lead to punishments of varying lengths and fines (see below for more detail), such as jail time. The consequence will usually match the level of offense. Often, a misdemeanor offense does not mean the loss of civil rights, such as the right to vote, to serve on a jury, or to practice certain professions such as law or being a teacher.

A DUI felony arises if, for example, an offender’s drunk driving results in an accident with another vehicle, property, or person. This usually means a sentence of one year or more to be served in prison in addition to paying fines appropriate to the severity of the crime. Restitution could also be sought for victims of the accident.

A typical drunk driving offense could also automatically become a felony charge if the driver committed an illegal act, neglected a responsibility while driving, or caused bodily harm to another person. In some states, a third DUI offense could automatically be classified as a felony, even if there is no negligence or human injury involved.

DUI alcohol vs. drugged driving

While we have covered DUI alcohol offenses, it may be useful to understand the differences between a DUI alcohol offense and a drug offense. A person is considered guilty of driving while under the influence of any drug if they are found guilty of being under its influence at the time of arrest. They can also be found guilty of drugged driving if found intoxicated by both liquor and drugs at the time of arrest.

However, it is not as easy to test for driving under the influence of drugs on the spot, especially in comparison to a DUI. Though laws vary per state, authorities are more likely to prosecute a driver under the grounds of “impairment.” This means that the driver must be impaired by a particular substance and unable to drive safely in order to be found guilty of a DUID, or driving under the influence of drugs. It must be proven that a driver was actually impaired behind the wheel. This definition and level of “impairment” can sometimes be left up to the discretion of police and prosecutors.

Different level of offenses

For most people who are issued a DUI, it is usually their first offense. However, consequences increase if you incur more than one DUI offense:

First offense: A first offense DUI is usually just a misdemeanor offense. Depending on the state you live in and your blood alcohol content (BAC) at the time of arrest, the penalties you face could vary and could include jail time, or a fine that could be anywhere from $150 to $5,000. The penalty could also include some schooling, such as instructional abuse treatment and correction.

Second offense: A second DUI offense, again, varies per state, but usually sees harsher variations of the penalties found in one’s first offense. Your BAC will play more of a determining factor during the second offense. If you had a prior offense within the last seven years and are convicted of another DUI, you face possible license revocation for two years if your BAC was less than 0.15%. You also face the same consequences if there are no conclusive test results. If you decide to refuse testing, then the revocation period could run as long as 900 days. Jail time could be from 30 days to a year, and fine rates jump up to a possible $1,120.50 to $5,000 for a second-level offense.

Third offense: A third DUI within seven years will mean severe penalties regardless of what state your DUI is issued in. Possible penalties include the loss of driving privileges for up to three years, thousands of dollars in fines, and a minimum of 90 days in jail. Minimum fines could start as high as $1,970.50 and run up to $5,000. If convicted of a DUI with a .15% BAC, your license revocation could be for three years. If you’re found guilty of a third-level offense and your BAC was above .15%, the license revocation is four years.

Although we have outlined some basic knowledge and laws surrounding various types of DUIs and their consequences, it is best to consult a local DUI defense attorney to get the most accurate information for your unique situation and the state you live in.

is a dui a felony or misdemeanor in california

is a dui a felony or misdemeanor in california

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how long is the statutes of limitations for personal injury – Marco Island

how long is the statutes of limitations for personal injury

Common Types of Personal Injury Cases

Personal Injury Information Center main »

Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. In 2009 alone, over 2.2 million people were injured and 33,000 killed in accidents involving cars, trucks, motorcycles, pedestrians, and bike riders. If you have been injured in a motor vehicle accident, either as a driver, a passenger, or a pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. An experienced car and truck accident attorney will protect your rights throughout the legal process. Click here to visit our Car Accident Information Center for additional information and resources.

Medical Malpractice. The negligence of doctors, nurses, hospitals, and other medical professionals can, and often do, cause serious injuries. There are many different types of medical malpractice, including misdiagnosis, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injury (errors committed during the delivery of a child), and failure to diagnose cancer or other serious health conditions. Medical malpractice cases are complex and require the expertise of a medical malpractice attorney. If you have been injured or lost a loved at the hands of a medical professional, it crucial to retain an experienced attorney who can promptly evaluate the potential malpractice and, if necessary, aggressively pursue legal action to compensate your for your injuries and loss. Click here to visit our Medical Malpractice Information Center for additional information and resources.

Wrongful Death. As its name implies, the term “wrongful death” describes a type of lawsuit that may be brought when someone has been killed due to someone else’s carelessness. Most wrongful death suits arise out of car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product. A “wrongful death” lawsuit allows for the recovery of damages that are unique and different from those available when someone suffers non-fatal injuries. Click here to visit our Wrongful Death Information Center for additional information and resources.

Workplace Accident. When someone is injured or killed while working for their employer, they generally are not allowed to bring a personal injury lawsuit against their employer. Instead, the injured employee must institute a claim under the Illinois Workers’ Compensation Act, which requires employers to provide various benefits to their injured workers. These include medical treatment, “temporary total disability” (i.e., wages), and a lump-sum payment, otherwise known as “permanent partial disability,” to compensate the injured worker for his or her injuries. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. An experienced Workers’ Compensation attorney will guide you through the process and ensure your rights are protected. Click here to visit our Workers’ Compensation Information Center for additional information and resources.

Premises Liability. “Premises liability” refers to accidents caused by a dangerous or defective condition on someone’s land. These accidents can occur almost anywhere, from commercial properties such as grocery stores, restaurants, gas stations, malls and retail stores, to a neighbor’s home or a public or private swimming pool. A wide range of defective or dangerous conditions can give rise to a “premises liability” claim, ranging from falling down a staircase because of a missing handrail, to tripping over an obstacle or slipping on a spill in a walkway or aisle, to getting bitten by a dog, among many others. It is critical to document the dangerous or defective condition as soon after the accident as possible. A personal injury attorney will help you do this and protect your rights throughout the legal process. Click here for additional information and resources.

Products LiabilityDangerous and defective products can cause serious injury in the home, in public places, and at work. Improper warnings and operation manuals can also lead to injuries. Examples of harmful products include dangerous drugs, food, consumer products, and children’s’ products; defective vehicle parts and medical devices; and toxic materials and chemicals. Responsible parties can be individuals, businesses, or government entities who sold, designed, manufactured, or marketed a dangerous or defective product. If you have been injured by an unsafe product, it is important to contact an experienced attorney to evaluate the harmful product, identify the responsible parties, and ensure that you receive maximum compensation for your injuries. Click here for additional information and resources.

Other Types of Personal Injury Cases. These include nursing home abuse or neglect; aviation and boating accidents; animal and dog bites; brain, birth, burn and spinal cord injuries; other catastrophic accidents and injuries; food poisoning; asbestos exposure and mesothelioma; legal malpractice.

how long is the statutes of limitations for personal injury

Marco Island is a city in Collier County, Florida, United States, located on an island by the same name in the Gulf of Mexico off the coast of Southwest Florida. It is a principal city of the Naples–Marco Island Metropolitan Statistical Area. The population was 16,413 at the 2010 census.

Marco Island is the largest barrier island within Southwest Florida’s Ten Thousand Islands area extending southerly to Cape Sable. Parts of the island have some scenic, high elevations relative to the generally flat south Florida landscape. Like the city of Naples to the north, Marco Island has a tropical climate; specifically a tropical wet and dry or savanna type (Aw under the Köppen system). It is known for distinct wet and dry seasons, with most of the rainfall falling between the months of June and October.

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how many times can you appeal a social security disability claim – Sandy

how many times can you appeal a social security disability claim

What Medical Conditions Qualify for Social Security Disability or SSI?

Here’s what you need to know about whether your medical condition will qualify for disability and how to apply for benefits.

The Social Security Administration’s impairment listing manual (called the blue book) lists a number of impairments, both physical and mental, that will automatically qualify an individual for Social Security disability benefits (SSDI) or Supplemental Security Income (SSI), provided the individual’s condition meets the specified criteria for a listing.

What Medical Conditions Are Listed?

The listing manual, which has been updated for 2020, includes:

For articles on getting disability for many common conditions, some of which are in the blue book and some of which aren’t, see our section on Medical Conditions, Impairments, and Problems.

How Do You Get Disability for Listed Medical Conditions?

If your disability is listed in Social Security’s Listing of Impairments, the first step is to get a diagnosis of the condition from your doctor. A mere diagnosis will get you an automatic disability approval for only a few conditions, however, like ALS, an organ transplant, or certain serious cancers, such as esophageal cancer, mucosal melanoma, anaplastic carcinoma of the thyroid gland, or small-cell carcinoma (of the prostate, ovaries, breast, lungs, pleura, intestines, or bladder). For all other conditions, the next step is to determine if your medical condition meets the specific criteria for that condition. The listing requirements are often quite complex; our illness-specific articles simplify the medical criteria in the listings so that you can understand whether your condition will qualify for disability.

If you haven’t had the clinical or laboratory tests required in the listing, you can ask your doctor to perform them. Or you can wait for the SSA to pay for a consultative exam, but this makes your claim take longer. It’s generally better if the test results are already in your medical record before you apply. Then you can check to see if your test results meet the requirements of the listing, and if they match the criteria or are close, you can apply for disability.

Does a Medical Condition Have to Match the Blue Book Listing?

An individual filing for Social Security disability benefits does not necessarily have to satisfy the exact listing requirements for a particular illness or condition to be awarded disability benefits based on the condition. You can be awarded disability benefits if Social Security considers aspects of your condition medically equivalent to the criteria in the listing or a related listing. This is called “equaling a disability listing.” (According to recent government statistics, 37% of all approved disability applications “met” a listing and only 6% “equaled” a listing.)

Alternatively, you can be eligible for disability benefits if you don’t meet or equal the criteria for the blue book listing, if your condition limits your functioning so much that you can’t work. The SSA will consider the effect of your condition on your capacity to perform routine daily activities and work and will then determine whether there is any kind of job you can safely be expected to do. For more information, see our section on how Social Security decides if your limitations make you disabled. (In a recent year, half of all approved disability applications were approved based on an assessment of applicants’ limitations.)

Does a Medical Condition Have to Be in the Blue Book?

A Social Security disability claimant doesn’t even have to have an impairment that is listed in the Social Security disability blue book to be awarded disability benefits. For instance, migraine headaches are not included in the blue book, but if a claimant’s migraines are severe enough and are well documented, the SSA may grant disability benefits if the migraines make it impossible for the disability applicant to work a full-time job. The keys here are that the condition be a medically determinable impairment and that it reduces someone’s RFC enough so that they can’t do their prior job or any job. In this case, an applicant could qualify for benefits under a medical-vocational allowance. Other common impairments that aren’t listed in Social Security’s blue book include carpal tunnel syndromefibromyalgiachronic regional pain syndromereflex sympathetic dystrophyceliac disease, and degenerative disc disease.

Which Medical Conditions Are Likely to Qualify for Disability?

While any of the above medical conditions are SSDI and SSI qualifying disabilities, some medical conditions are more likely to lead to an approval of benefits than others. We recently surveyed our readers about their experiences in applying for disability benefits and compared their answers to government statistics. For details, see our article on survey statistics on getting Social Security disability for common medical conditions.

How Do You Apply for Disability Benefits?

There are three ways to apply for Social Security benefits:

  • file online at www.ssa.gov/applyfordisability (but note that online filing isn’t available to most SSI applicants)
  • call the Social Security office at 800-772-1213 for an appointment to apply, or
  • go to your local Social Security office without an appointment.

Before you apply, make sure you have the names and addresses of all doctors and clinics you’ve visited over the last five years. Applying for benefits involves much more than filling out the disability application. Your first step should be making sure that you have sufficient medical records for Social Security to make a decision on your claim. If you’ve been seeing a doctor regularly, have a conversation with your doctor about your limitations (such as not being able to lift 30 pounds or stand for three hours), and whether the doctor thinks they rule out full-time work for you. If your doctor agrees, it’s time to apply for disability benefits.

If you haven’t been seeing a doctor, it’s time to start. As mentioned above, you need to have medical records that support your claim, including your diagnoses, your limitations, your test results, and your treatment plans. Once you’ve had several doctors’ appointments, ask if your doctor thinks your limitations are disabling and about your long-term prospects for work. Only then should you apply for disability.

how many times can you appeal a social security disability claim

how many times can you appeal a social security disability claim

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can person with c6 injury use switch wheelchair – West View

can person with c6 injury use switch wheelchair

Common Types of Personal Injury Cases

Personal Injury Information Center main »

Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. In 2009 alone, over 2.2 million people were injured and 33,000 killed in accidents involving cars, trucks, motorcycles, pedestrians, and bike riders. If you have been injured in a motor vehicle accident, either as a driver, a passenger, or a pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. An experienced car and truck accident attorney will protect your rights throughout the legal process. Click here to visit our Car Accident Information Center for additional information and resources.

Medical Malpractice. The negligence of doctors, nurses, hospitals, and other medical professionals can, and often do, cause serious injuries. There are many different types of medical malpractice, including misdiagnosis, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injury (errors committed during the delivery of a child), and failure to diagnose cancer or other serious health conditions. Medical malpractice cases are complex and require the expertise of a medical malpractice attorney. If you have been injured or lost a loved at the hands of a medical professional, it crucial to retain an experienced attorney who can promptly evaluate the potential malpractice and, if necessary, aggressively pursue legal action to compensate your for your injuries and loss. Click here to visit our Medical Malpractice Information Center for additional information and resources.

Wrongful Death. As its name implies, the term “wrongful death” describes a type of lawsuit that may be brought when someone has been killed due to someone else’s carelessness. Most wrongful death suits arise out of car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product. A “wrongful death” lawsuit allows for the recovery of damages that are unique and different from those available when someone suffers non-fatal injuries. Click here to visit our Wrongful Death Information Center for additional information and resources.

Workplace Accident. When someone is injured or killed while working for their employer, they generally are not allowed to bring a personal injury lawsuit against their employer. Instead, the injured employee must institute a claim under the Illinois Workers’ Compensation Act, which requires employers to provide various benefits to their injured workers. These include medical treatment, “temporary total disability” (i.e., wages), and a lump-sum payment, otherwise known as “permanent partial disability,” to compensate the injured worker for his or her injuries. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. An experienced Workers’ Compensation attorney will guide you through the process and ensure your rights are protected. Click here to visit our Workers’ Compensation Information Center for additional information and resources.

Premises Liability. “Premises liability” refers to accidents caused by a dangerous or defective condition on someone’s land. These accidents can occur almost anywhere, from commercial properties such as grocery stores, restaurants, gas stations, malls and retail stores, to a neighbor’s home or a public or private swimming pool. A wide range of defective or dangerous conditions can give rise to a “premises liability” claim, ranging from falling down a staircase because of a missing handrail, to tripping over an obstacle or slipping on a spill in a walkway or aisle, to getting bitten by a dog, among many others. It is critical to document the dangerous or defective condition as soon after the accident as possible. A personal injury attorney will help you do this and protect your rights throughout the legal process. Click here for additional information and resources.

Products LiabilityDangerous and defective products can cause serious injury in the home, in public places, and at work. Improper warnings and operation manuals can also lead to injuries. Examples of harmful products include dangerous drugs, food, consumer products, and children’s’ products; defective vehicle parts and medical devices; and toxic materials and chemicals. Responsible parties can be individuals, businesses, or government entities who sold, designed, manufactured, or marketed a dangerous or defective product. If you have been injured by an unsafe product, it is important to contact an experienced attorney to evaluate the harmful product, identify the responsible parties, and ensure that you receive maximum compensation for your injuries. Click here for additional information and resources.

Other Types of Personal Injury Cases. These include nursing home abuse or neglect; aviation and boating accidents; animal and dog bites; brain, birth, burn and spinal cord injuries; other catastrophic accidents and injuries; food poisoning; asbestos exposure and mesothelioma; legal malpractice.

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how do you care for a person with severe head neck or spinal injury – Atascadero

how do you care for a person with severe head neck or spinal injury

Common Types of Personal Injury Cases

Personal Injury Information Center main »

Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. In 2009 alone, over 2.2 million people were injured and 33,000 killed in accidents involving cars, trucks, motorcycles, pedestrians, and bike riders. If you have been injured in a motor vehicle accident, either as a driver, a passenger, or a pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. An experienced car and truck accident attorney will protect your rights throughout the legal process. Click here to visit our Car Accident Information Center for additional information and resources.

Medical Malpractice. The negligence of doctors, nurses, hospitals, and other medical professionals can, and often do, cause serious injuries. There are many different types of medical malpractice, including misdiagnosis, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injury (errors committed during the delivery of a child), and failure to diagnose cancer or other serious health conditions. Medical malpractice cases are complex and require the expertise of a medical malpractice attorney. If you have been injured or lost a loved at the hands of a medical professional, it crucial to retain an experienced attorney who can promptly evaluate the potential malpractice and, if necessary, aggressively pursue legal action to compensate your for your injuries and loss. Click here to visit our Medical Malpractice Information Center for additional information and resources.

Wrongful Death. As its name implies, the term “wrongful death” describes a type of lawsuit that may be brought when someone has been killed due to someone else’s carelessness. Most wrongful death suits arise out of car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product. A “wrongful death” lawsuit allows for the recovery of damages that are unique and different from those available when someone suffers non-fatal injuries. Click here to visit our Wrongful Death Information Center for additional information and resources.

Workplace Accident. When someone is injured or killed while working for their employer, they generally are not allowed to bring a personal injury lawsuit against their employer. Instead, the injured employee must institute a claim under the Illinois Workers’ Compensation Act, which requires employers to provide various benefits to their injured workers. These include medical treatment, “temporary total disability” (i.e., wages), and a lump-sum payment, otherwise known as “permanent partial disability,” to compensate the injured worker for his or her injuries. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. An experienced Workers’ Compensation attorney will guide you through the process and ensure your rights are protected. Click here to visit our Workers’ Compensation Information Center for additional information and resources.

Premises Liability. “Premises liability” refers to accidents caused by a dangerous or defective condition on someone’s land. These accidents can occur almost anywhere, from commercial properties such as grocery stores, restaurants, gas stations, malls and retail stores, to a neighbor’s home or a public or private swimming pool. A wide range of defective or dangerous conditions can give rise to a “premises liability” claim, ranging from falling down a staircase because of a missing handrail, to tripping over an obstacle or slipping on a spill in a walkway or aisle, to getting bitten by a dog, among many others. It is critical to document the dangerous or defective condition as soon after the accident as possible. A personal injury attorney will help you do this and protect your rights throughout the legal process. Click here for additional information and resources.

Products LiabilityDangerous and defective products can cause serious injury in the home, in public places, and at work. Improper warnings and operation manuals can also lead to injuries. Examples of harmful products include dangerous drugs, food, consumer products, and children’s’ products; defective vehicle parts and medical devices; and toxic materials and chemicals. Responsible parties can be individuals, businesses, or government entities who sold, designed, manufactured, or marketed a dangerous or defective product. If you have been injured by an unsafe product, it is important to contact an experienced attorney to evaluate the harmful product, identify the responsible parties, and ensure that you receive maximum compensation for your injuries. Click here for additional information and resources.

Other Types of Personal Injury Cases. These include nursing home abuse or neglect; aviation and boating accidents; animal and dog bites; brain, birth, burn and spinal cord injuries; other catastrophic accidents and injuries; food poisoning; asbestos exposure and mesothelioma; legal malpractice.

how do you care for a person with severe head neck or spinal injury

Atascadero is a city in San Luis Obispo County, California, about equidistant from Los Angeles and San Francisco on U.S. Route 101. Atascadero is part of the San Luis Obispo-Paso Robles metropolitan statistical area, which encompasses the extents of the county. Atascadero is farther inland than most other cities in the county, and as a result, usually experiences warmer, drier summers, and cooler winters than other nearby cities such as San Luis Obispo and Pismo Beach. The main freeway through town is the US 101. The nearby State Routes 41 and 46 provide access to the Pacific Coast and the California Central Valley.

Founded by E.G. Lewis in 1913, the city grew to 28,310 people as of 2010. Atascadero State Hospital is located in the city.

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how to get a dui dismissed – Bridgeport

how to get a dui dismissed

Driving under the influence of alcohol can carry severe consequences, and it can be difficult to navigate the legal process without some guidance and understanding of the different offenses.

Here, we discuss different types of DUIs, and break down how different offenses may or may not affect you.

Misdemeanor vs. felony DUI

The majority of offenders will only face a misdemeanor, especially if it is their first offense. A misdemeanor could lead to punishments of varying lengths and fines (see below for more detail), such as jail time. The consequence will usually match the level of offense. Often, a misdemeanor offense does not mean the loss of civil rights, such as the right to vote, to serve on a jury, or to practice certain professions such as law or being a teacher.

A DUI felony arises if, for example, an offender’s drunk driving results in an accident with another vehicle, property, or person. This usually means a sentence of one year or more to be served in prison in addition to paying fines appropriate to the severity of the crime. Restitution could also be sought for victims of the accident.

A typical drunk driving offense could also automatically become a felony charge if the driver committed an illegal act, neglected a responsibility while driving, or caused bodily harm to another person. In some states, a third DUI offense could automatically be classified as a felony, even if there is no negligence or human injury involved.

DUI alcohol vs. drugged driving

While we have covered DUI alcohol offenses, it may be useful to understand the differences between a DUI alcohol offense and a drug offense. A person is considered guilty of driving while under the influence of any drug if they are found guilty of being under its influence at the time of arrest. They can also be found guilty of drugged driving if found intoxicated by both liquor and drugs at the time of arrest.

However, it is not as easy to test for driving under the influence of drugs on the spot, especially in comparison to a DUI. Though laws vary per state, authorities are more likely to prosecute a driver under the grounds of “impairment.” This means that the driver must be impaired by a particular substance and unable to drive safely in order to be found guilty of a DUID, or driving under the influence of drugs. It must be proven that a driver was actually impaired behind the wheel. This definition and level of “impairment” can sometimes be left up to the discretion of police and prosecutors.

Different level of offenses

For most people who are issued a DUI, it is usually their first offense. However, consequences increase if you incur more than one DUI offense:

First offense: A first offense DUI is usually just a misdemeanor offense. Depending on the state you live in and your blood alcohol content (BAC) at the time of arrest, the penalties you face could vary and could include jail time, or a fine that could be anywhere from $150 to $5,000. The penalty could also include some schooling, such as instructional abuse treatment and correction.

Second offense: A second DUI offense, again, varies per state, but usually sees harsher variations of the penalties found in one’s first offense. Your BAC will play more of a determining factor during the second offense. If you had a prior offense within the last seven years and are convicted of another DUI, you face possible license revocation for two years if your BAC was less than 0.15%. You also face the same consequences if there are no conclusive test results. If you decide to refuse testing, then the revocation period could run as long as 900 days. Jail time could be from 30 days to a year, and fine rates jump up to a possible $1,120.50 to $5,000 for a second-level offense.

Third offense: A third DUI within seven years will mean severe penalties regardless of what state your DUI is issued in. Possible penalties include the loss of driving privileges for up to three years, thousands of dollars in fines, and a minimum of 90 days in jail. Minimum fines could start as high as $1,970.50 and run up to $5,000. If convicted of a DUI with a .15% BAC, your license revocation could be for three years. If you’re found guilty of a third-level offense and your BAC was above .15%, the license revocation is four years.

Although we have outlined some basic knowledge and laws surrounding various types of DUIs and their consequences, it is best to consult a local DUI defense attorney to get the most accurate information for your unique situation and the state you live in.

how to get a dui dismissed

how to get a dui dismissed

Bridgeport is a historic seaport city in the U.S. state of Connecticut, and its largest city. With a census-estimated population of 144,399 in 2019, it is also the fifth-most populous in New England. Located in Fairfield County at the mouth of the Pequonnock River on Long Island Sound, it is 60 miles (97 km) from Manhattan and 40 miles (64 km) from The Bronx. It is bordered by the towns of Trumbull to the north, Fairfield to the west, and Stratford to the east. Bridgeport and other settlements in Fairfield County make up the Bridgeport-Stamford-Norwalk-Danbury metropolitan statistical area, the second largest metropolitan area in Connecticut. The Bridgeport-Stamford-Norwalk-Danbury metropolis forms part of the New York megacity.

Showman P. T. Barnum was a resident of the city and served as the town’s mayor in the late 19th century. Barnum built four houses in Bridgeport and housed his circus in town during winter. The first Subway restaurant opened in Bridgeport’s North End in 1965. The Frisbie Pie Company was founded in Bridgeport, and the city is credited as the birthplace of the Frisbee. After World War II, industrial restructuring and suburbanization caused the loss of many jobs and affluent residents, leaving Bridgeport struggling with poverty and violent crime. Since the beginning of the 21st century, Bridgeport has begun redevelopment of its downtown and other neighborhoods.

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do you lose social security disability if you get married – Bradenton

do you lose social security disability if you get married

What Medical Conditions Qualify for Social Security Disability or SSI?

Here’s what you need to know about whether your medical condition will qualify for disability and how to apply for benefits.

The Social Security Administration’s impairment listing manual (called the blue book) lists a number of impairments, both physical and mental, that will automatically qualify an individual for Social Security disability benefits (SSDI) or Supplemental Security Income (SSI), provided the individual’s condition meets the specified criteria for a listing.

What Medical Conditions Are Listed?

The listing manual, which has been updated for 2020, includes:

For articles on getting disability for many common conditions, some of which are in the blue book and some of which aren’t, see our section on Medical Conditions, Impairments, and Problems.

How Do You Get Disability for Listed Medical Conditions?

If your disability is listed in Social Security’s Listing of Impairments, the first step is to get a diagnosis of the condition from your doctor. A mere diagnosis will get you an automatic disability approval for only a few conditions, however, like ALS, an organ transplant, or certain serious cancers, such as esophageal cancer, mucosal melanoma, anaplastic carcinoma of the thyroid gland, or small-cell carcinoma (of the prostate, ovaries, breast, lungs, pleura, intestines, or bladder). For all other conditions, the next step is to determine if your medical condition meets the specific criteria for that condition. The listing requirements are often quite complex; our illness-specific articles simplify the medical criteria in the listings so that you can understand whether your condition will qualify for disability.

If you haven’t had the clinical or laboratory tests required in the listing, you can ask your doctor to perform them. Or you can wait for the SSA to pay for a consultative exam, but this makes your claim take longer. It’s generally better if the test results are already in your medical record before you apply. Then you can check to see if your test results meet the requirements of the listing, and if they match the criteria or are close, you can apply for disability.

Does a Medical Condition Have to Match the Blue Book Listing?

An individual filing for Social Security disability benefits does not necessarily have to satisfy the exact listing requirements for a particular illness or condition to be awarded disability benefits based on the condition. You can be awarded disability benefits if Social Security considers aspects of your condition medically equivalent to the criteria in the listing or a related listing. This is called “equaling a disability listing.” (According to recent government statistics, 37% of all approved disability applications “met” a listing and only 6% “equaled” a listing.)

Alternatively, you can be eligible for disability benefits if you don’t meet or equal the criteria for the blue book listing, if your condition limits your functioning so much that you can’t work. The SSA will consider the effect of your condition on your capacity to perform routine daily activities and work and will then determine whether there is any kind of job you can safely be expected to do. For more information, see our section on how Social Security decides if your limitations make you disabled. (In a recent year, half of all approved disability applications were approved based on an assessment of applicants’ limitations.)

Does a Medical Condition Have to Be in the Blue Book?

A Social Security disability claimant doesn’t even have to have an impairment that is listed in the Social Security disability blue book to be awarded disability benefits. For instance, migraine headaches are not included in the blue book, but if a claimant’s migraines are severe enough and are well documented, the SSA may grant disability benefits if the migraines make it impossible for the disability applicant to work a full-time job. The keys here are that the condition be a medically determinable impairment and that it reduces someone’s RFC enough so that they can’t do their prior job or any job. In this case, an applicant could qualify for benefits under a medical-vocational allowance. Other common impairments that aren’t listed in Social Security’s blue book include carpal tunnel syndromefibromyalgiachronic regional pain syndromereflex sympathetic dystrophyceliac disease, and degenerative disc disease.

Which Medical Conditions Are Likely to Qualify for Disability?

While any of the above medical conditions are SSDI and SSI qualifying disabilities, some medical conditions are more likely to lead to an approval of benefits than others. We recently surveyed our readers about their experiences in applying for disability benefits and compared their answers to government statistics. For details, see our article on survey statistics on getting Social Security disability for common medical conditions.

How Do You Apply for Disability Benefits?

There are three ways to apply for Social Security benefits:

  • file online at www.ssa.gov/applyfordisability (but note that online filing isn’t available to most SSI applicants)
  • call the Social Security office at 800-772-1213 for an appointment to apply, or
  • go to your local Social Security office without an appointment.

Before you apply, make sure you have the names and addresses of all doctors and clinics you’ve visited over the last five years. Applying for benefits involves much more than filling out the disability application. Your first step should be making sure that you have sufficient medical records for Social Security to make a decision on your claim. If you’ve been seeing a doctor regularly, have a conversation with your doctor about your limitations (such as not being able to lift 30 pounds or stand for three hours), and whether the doctor thinks they rule out full-time work for you. If your doctor agrees, it’s time to apply for disability benefits.

If you haven’t been seeing a doctor, it’s time to start. As mentioned above, you need to have medical records that support your claim, including your diagnoses, your limitations, your test results, and your treatment plans. Once you’ve had several doctors’ appointments, ask if your doctor thinks your limitations are disabling and about your long-term prospects for work. Only then should you apply for disability.

do you lose social security disability if you get married

do you lose social security disability if you get married

Bradenton (/ˈbreɪdəntən/ BRAY-dən-tən) is a city and the county seat of Manatee County, Florida, United States. The U.S. Census Bureau estimated the city’s 2019 population to be 59,439. Bradenton is a principal city of the North Port–Sarasota–Bradenton metropolitan statistical area, which had a 2018 estimated population of 821,573.

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how to get security license in ny felony – Sweetwater

how to get security license in ny felony

What Are Examples of Felonies and Misdemeanors?

In the United States federal criminal code, crimes are divided into two broad categories: misdemeanors and felonies. The distinction here is one of maximum punishment; misdemeanors are crimes that carry a maximum of one year of jail time and felonies are crimes with punishments in excess of 12 months of incarceration.

So, what are examples of felonies and misdemeanors? Unfortunately, the answer to that is not so cut and dry. A crime can have the same general classification but be broken down into several levels of severity, some of which may raise the seriousness from a misdemeanor to a felony. Let’s take a closer look.

Assault

A good example of multiple levels of severity is the general class of crime called assault. In the case of assault, threatening to cause harm to a person but not carrying through on the threat would be classified as a misdemeanor. This can carry jail time of six months to a year.

Assault that resulted in actual bodily injury, or in which a weapon was used as part of the assault, would be considered a felony. Felony assault comes with anywhere from one year to 25 years in prison.

Disturbing the Peace

Disturbing the peace is another common charge. This charge comes in many forms, including fighting in a public place, bullying others, or mobilizing an unlawful public assembly.

Disturbing the peace, also known as a break of peace, is almost always classified as a misdemeanor. Felony counts are rare, but possible, depending on the state and circumstances surrounding the crime. Given the many variations of this crime, jail time can also vary. The maximum penalty, however, is one year in jail.

Drugs

Crimes relating to drugs can also be classified as misdemeanors or felonies. Misdemeanors usually pertain to simple drug possession charges. Things advance to felonies when they involve more than simple possession. This can include possession of a large quantity of drugs or an intent to sell.

The quantity required to progress from a misdemeanor to a felony varies from state to state. In California, for example, one can face a year in jail for simple possession, as well as notable fines. If, however, you’re found with a large quantity or deemed to have an intent to sell, one can face multiple years in state or federal prison.

Theft

Theft is another great example of a crime that has differing levels of severity. Petty theft is the unlawful taking of property or money from another person without their consent. The distinction between whether theft is a misdemeanor or a felony is dependent on the value of the cash or property stolen.

Many states classify theft of up to $500 as a misdemeanor and theft of larger amounts as a felony. If convicted of a misdemeanor, possible jail time can include one year behind bars. Felony theft is also referred to as larceny.

Grand larceny, or grand theft, may also be on the table if the theft exceeds a value of $1,000 or more. Grand larceny is a felony. You may have heard of “grand theft auto” in reference to stealing a car.

Indecent Exposure

Other crimes are distinguished as being misdemeanors or felonies depending on against whom the crime is committed. Indecent exposure falls into this category. Exposing one’s private parts in public in such a way as to alarm others is considered to be a misdemeanor.

However, if the exposure is before a child, then the crime rises to the level of a felony. Different states set different age limits as to where the line exists between misdemeanor and felony indecent exposure. In California, whether someone’s charged with a misdeameanor or a felony, they will be labeled as a sex offender for the rest of their lives.

Traffic Violations

In most instances, traffic violations are classified as misdemeanors. Examples of misdemeanor traffic violations include:

  • Speeding
  • Driving without a license
  • Driving without insurance
  • Driving under the influence (DUI)

Felony traffic violations include leaving the scene of an accident and vehicular homicide. These violations can come with anywhere from one year to life in prison.

Another potential felony traffic infraction is repeated DUIs. In this case, many states upgrade repeated charges of DUI from misdemeanor to felony status. While the criminal act being committed is the same, multiple violations can result in a felony charge that carries harsher punishments.

Jail Time for Misdemeanors Versus Felonies

The primary difference between misdemeanors and felonies is the amount of jail or prison time that a convicted offender can be sentenced to serve. Many felonies are also broken down into classifications, or levels of seriousness, according to what punishments may be imposed.

Felonies that are broken down into these differing classifications include:

  • Murder
  • Rape
  • Arson
  • Sale of illegal drugs
  • Grand theft
  • Kidnapping

These felonies can be classified from Class E or F felonies, such as the lowest levels of theft, up to Class A felonies, which carry a life’s sentence in prison or the death penalty. Class A felonies are generally murder or first degree intentional homicide.

Severity of Punishments

The classification of misdemeanors and felonies is based legally on the severity of punishment; the most severe of punishments are reserved for the most serious offense.

Traffic violations, trespassing, petty theft, and similar offenses are misdemeanors and depending on the state, carry maximum jail times of between 6 months and one year. The attendant fines are also limited to relatively small amounts of money, generally $1,000 to $2,000 maximum.

Felonies such as murder, rape, arson and kidnapping are substantially more serious and all carry jail times of at least one year and in most cases, substantially greater terms of incarceration. At the most severe level of felony classification, Class A, the maximum penalty can be life in prison without parole or the death penalty.

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injury on persons property saying workers aren’t insured – North Tonawanda

injury on persons property saying workers aren’t insured

Common Types of Personal Injury Cases

Personal Injury Information Center main »

Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. In 2009 alone, over 2.2 million people were injured and 33,000 killed in accidents involving cars, trucks, motorcycles, pedestrians, and bike riders. If you have been injured in a motor vehicle accident, either as a driver, a passenger, or a pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. An experienced car and truck accident attorney will protect your rights throughout the legal process. Click here to visit our Car Accident Information Center for additional information and resources.

Medical Malpractice. The negligence of doctors, nurses, hospitals, and other medical professionals can, and often do, cause serious injuries. There are many different types of medical malpractice, including misdiagnosis, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injury (errors committed during the delivery of a child), and failure to diagnose cancer or other serious health conditions. Medical malpractice cases are complex and require the expertise of a medical malpractice attorney. If you have been injured or lost a loved at the hands of a medical professional, it crucial to retain an experienced attorney who can promptly evaluate the potential malpractice and, if necessary, aggressively pursue legal action to compensate your for your injuries and loss. Click here to visit our Medical Malpractice Information Center for additional information and resources.

Wrongful Death. As its name implies, the term “wrongful death” describes a type of lawsuit that may be brought when someone has been killed due to someone else’s carelessness. Most wrongful death suits arise out of car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product. A “wrongful death” lawsuit allows for the recovery of damages that are unique and different from those available when someone suffers non-fatal injuries. Click here to visit our Wrongful Death Information Center for additional information and resources.

Workplace Accident. When someone is injured or killed while working for their employer, they generally are not allowed to bring a personal injury lawsuit against their employer. Instead, the injured employee must institute a claim under the Illinois Workers’ Compensation Act, which requires employers to provide various benefits to their injured workers. These include medical treatment, “temporary total disability” (i.e., wages), and a lump-sum payment, otherwise known as “permanent partial disability,” to compensate the injured worker for his or her injuries. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. An experienced Workers’ Compensation attorney will guide you through the process and ensure your rights are protected. Click here to visit our Workers’ Compensation Information Center for additional information and resources.

Premises Liability. “Premises liability” refers to accidents caused by a dangerous or defective condition on someone’s land. These accidents can occur almost anywhere, from commercial properties such as grocery stores, restaurants, gas stations, malls and retail stores, to a neighbor’s home or a public or private swimming pool. A wide range of defective or dangerous conditions can give rise to a “premises liability” claim, ranging from falling down a staircase because of a missing handrail, to tripping over an obstacle or slipping on a spill in a walkway or aisle, to getting bitten by a dog, among many others. It is critical to document the dangerous or defective condition as soon after the accident as possible. A personal injury attorney will help you do this and protect your rights throughout the legal process. Click here for additional information and resources.

Products LiabilityDangerous and defective products can cause serious injury in the home, in public places, and at work. Improper warnings and operation manuals can also lead to injuries. Examples of harmful products include dangerous drugs, food, consumer products, and children’s’ products; defective vehicle parts and medical devices; and toxic materials and chemicals. Responsible parties can be individuals, businesses, or government entities who sold, designed, manufactured, or marketed a dangerous or defective product. If you have been injured by an unsafe product, it is important to contact an experienced attorney to evaluate the harmful product, identify the responsible parties, and ensure that you receive maximum compensation for your injuries. Click here for additional information and resources.

Other Types of Personal Injury Cases. These include nursing home abuse or neglect; aviation and boating accidents; animal and dog bites; brain, birth, burn and spinal cord injuries; other catastrophic accidents and injuries; food poisoning; asbestos exposure and mesothelioma; legal malpractice.

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North Tonawanda is a city in Niagara County, New York, United States. The population was 31,568 at the 2010 census. It is part of the Buffalo–Niagara Falls Metropolitan Statistical Area. The city is named after Tonawanda Creek, its south border.

Tonawanda in the Seneca tongue means “Swift Running Water”. Tonawanda Creek, which flows into the Niagara River, once had large stretches of rapids (see Rapids, New York) until it was tamed with the construction of the Erie Canal.

The city also calls itself “The Lumber City,” due to its past primary industry and once was the largest port on the Great Lakes during the height of the Erie Canal. Along Goundry Street are mansions built for the lumber barons, including 208 Goundry Street, called “Kent Place”, designed by Stanford White. Many of the local residents refer to it as “The Jewel of Niagara County” due to its geographical setting between the Niagara River and Erie Canal. It is also home to the 2009 Class AA NYS Football Champion Lumberjacks. Street signs on the borders of town welcome visitors to “The Home Of The Carousel”.

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