Dec
13
2007
Almost all DUI investigations include having a California DUI suspect
perform various balance and coordination tests. These tests are
referred to as field sobriety tests or FST’s. The theory behind
these tests is that they test a person’s ability to divide
attention. Driving is portrayed as a divided attention
task. One has to both operate the automobile and also pay
attention to other cars, pedestrians, and traffic controls on the road. Continue Reading »
Dec
13
2007
When a California DUI suspect refuses to take a chemical test,
both the DUI defendant and the prosecution are presented
with challenges and opportunities. Continue Reading »
Oct
04
2007
In the State of California, all occupants in a motor vehicle are required to wear a seatbelt anytime the vehicle is in motion. Billboards up and down our freeways proclaim “Click It Or Ticket”. The fact is, seatbelts save lives! This is no joke and California legislators in the last few years have passed legislation allowing peace officers not only to cite drivers who fail to wear their seatbelts, but to use one’s failure to wear a seat belt as a basis for a traffic stop in the absence of your committing any other offense. Continue Reading »
Oct
04
2007
You are required as a matter of law in the State of California to maintain liability insurance with limits of no less than $15,000/$30,000 if you are operating your motor vehicle on public roadways. Your failure to maintain liability insurance could not only impact your ability to register your vehicle with the Department of Motor Vehicles, it could subject you to significant monetary fines in the event your are cited for driving without insurance. An additional, little known consequence of driving without liability insurance is that you forgo your right to pursue damages for pain and suffering in the event you are involved in an accident caused by another. Continue Reading »
Oct
04
2007
Many who confront the legal system for the first time, voluntarily or
involuntarily, are faced with having to decide the forum in which their
dispute will be resolved. In some instances, the forum in which a
dispute will be resolved has been pre-selected by the parties however,
more often than not, litigants will make their forum selection only
after a dispute has actually arisen. It is therefore important to have
an understanding of the difference between mediation, arbitration and
trial and the benefits and drawbacks of each. Often times, the forum
selected will dictate how quickly and effectively the dispute is
resolved. Continue Reading »
Oct
04
2007
In California, like most states, you are required to carry liability
insurance on your vehicle if you plan on operating it on public
thoroughfares. At present, the minimum liability coverage permitted by
law is $15,000/$30,000. The $15,000 figure is a per injured party sum
while the $30,000 figure is an aggregate sum meant to provide coverage
to two or more injured persons. Liability insurance is available in
higher amounts such as $30,000/$60,000, $100,000/$300,000 and
$250,000/$500,000. The cost of increasing your limits from
$100,000/$300,000 to $250,000/$500,000, for example, is relatively
slight compared with the added protection it affords you in the event
of a loss. This is especially true given the skyrocketing cost of
health care. Continue Reading »
Oct
04
2007
Unlike other types of injury cases, one claiming to have been seriously
injured as a result of a healthcare provider’s negligence will rarely
receive full compensation for their injury. This is because California,
long before President Bush’s call for nationwide tort reform in the
area of medical malpractice, enacted legislation limiting your recovery
against medical providers. Continue Reading »
Sep
24
2007
Almost all DUI investigations include having a DUI suspect perform various balance and coordination tests. These tests are referred to as field sobriety tests or FST’s. The theory behind these tests is that they test a person’s ability to divide attention. Driving is portrayed as a divided attention task. One has to both operate the automobile and also pay attention to other cars, pedestrians, and traffic controls on the road. Continue Reading »
Sep
24
2007
When a DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities.
California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. Continue Reading »
