SettlementBoard.com News, Articles and Information for Legal Junkies

27Jul/090

Top Five Mistakes Made by Pennsylvania DUI Defendants

Top Five Mistakes Made by Pennsylvania DUI Defendants

  • 5. Driving a Car after Drinking Alcohol. This one is admittedly obvious. But in today’s legal environment, the consequences of a DUI conviction can be devastating, often causing a driver’s license suspension, increased car insurance rates or cancellation, and a loss of employment. And with a legal limit of 0.08%, it only takes a couple of drinks (or less) to be in violation of the law.
  • 4. Failing to Strictly Follow the Rules of the Road. Most DUI arrests take place at night, when police are on the lookout for drunk drivers. In other words, the cops are looking for a reason to pull you over. Don’t give them one.
  • 3. Performing Field Sobriety Tests (FSTs). Not to be confused with chemical tests (see #7, below), FSTs are completely voluntary. Also, many adults are not capable of "passing" these tests even when completely sober. The police officer will almost always testify that the defendant failed all of the tests, and this serves to bolster the prosecution’s case. Most accused drivers would be well advised to politely refuse to perform these tests.
  • 2. Refusing to Submit to a Chemical Test. Pennsylvania has an "Implied Consent" law. This means that, by driving on a road in Pennsylvania, you have implicitly consented to submit to a blood, breath, or urine test if requested by a police officer who reasonably suspects you of DUI. The consequences of a Chemical Test Refusal include a driver’s license suspension, in addition to any suspension that may be imposed upon conviction in criminal court.
  • 1. Failing to Contact a Pennsylvania DUI Attorney as soon as possible after the arrest. Many people arrested for DUI in PA put off contacting an attorney because they are afraid, embarrassed, or simply busy with other things. Some make the mistake of thinking that a first-offense DUI is "no big deal." As an experienced PA DUI attorney, I can assure you the prosecutors and courts don’t feel that way. Even under the ARD program, there are steps that can often be taken to reduce the consequences to the defendant, and this can mean the difference between losing your job or not. I have personally witnessed unrepresented DUI defendants suffer increased community service hours, fines, driver’s license suspensions, and jail time that could have been avoided with the services of a good lawyer.

Pennsylvania Drunk Driving Lawyer Richard Emhof has the experience and knowledge to achieve the best possible result in your case. The initial consultation is free of charge. Contact us today online or call 1-866-457-9957 to discuss your case.

Filed under: DUI/DWI No Comments
23Jul/090

Denver Wrongful Death Settlements

At the Denver wrongful death law firm of PURVIS GRAY, LLP, lead attorney, James G. Heckbert, has obtain significant verdicts for victims.  Some of the verdicts were results from wrongful death, accidental death, medical malpractice and auto accidents.

  1. $6.5 million verdict for a 10-year-old victim of pediatric medical malpractice. This case was the subject of a segment on NBC's Dateline television program.
  2. $4.9 million verdict for the victims of a natural gas explosion.
  3. $3.675 million verdict for motorcyclist injured due to defective Harley-Davidson motorcycle. This case was the subject of a segment on CBS's 60 Minutes television program.
  4. $3.59 million verdict for a policeman mistakenly shot by a fellow policeman. This case was the subject of a segment on CBS's 60 Minutes television program.
  5. $3.1 million verdict for motorist injured as a result of state's failure to fence elk from highway.

A Denver wrongful death attorney can represent spouses and their children in wrongful or accidental deaths.

PURVIS GRAY, LLP located at 2150 W 29th Ave. Suite 500, Denver, Co 80211, 866-788-7616.

22Jul/090

Jefferson County Occupational Tax Ruled Invalid

Jefferson County Occupational Tax Ruled Invalid

Birmingham Attorneys - Hill Turner

On January 12, 2009, Judge David Rains, sitting by designation in the Circuit Court for Jefferson County, entered an Order upholding the repeal of the Jefferson County Occupational Tax. Hill | Turner LLC, has the privilege of representing the taxpayers of Jefferson County in this case. We are taking this opportunity to explain what this case is and is not about.

First, this case is not about bankrupting Jefferson County or the sewer debt debacle that we hear so much about.  This lawsuit was filed in May of 2007, long before the headlines about bond insurers and defaulted payments gained negative national attention for Jefferson County.  Nor is this a lawsuit about the fairness, or lack of fairness, in how the old tax was applied.

What this case is about is far more simple – trusting our elected officials to work together and follow the laws of this State for the betterment of our community.

Under Alabama law, the Jefferson County Commission cannot unilaterally enact an occupational tax.  That power is reserved to the State Legislature.

Judge Rains detailed the history of the occupational tax in his Order.  The key developments as they relate to our case are as follows:  In 1999, the Jefferson County delegation to the Alabama Legislature voted to repeal the occupational tax.  The County Commission filed a "very friendly" lawsuit (as Judge Rains identified it in his Order) to invalidate the repeal on procedural issues related to how the Alabama Legislature counts its votes.  The County Commission continued to collect the tax.  In 2005, a case decided by the Alabama Supreme Court determined that the courts of this State could not tell the Alabama Legislature how to count its votes.

Judge Rains’ decision follows the law as spelled out by our Supreme Court.  The law was clear: the legislature had legally repealed the tax, and the County Commission chose to ignore that repeal instead of working with our delegation to fix the problem.  Workers in Jefferson County were paying a tax that was not valid.  Judge Rains agreed, and now the repeal stands.   Though Judge Rains stayed the execution of his Order until the current legislative session ends on May 18, 2009, we expect any appeal to be decided favorably for the taxpayers of Jefferson County and that there will be refunds to the taxpayers at the conclusion of this case.

We know the issue of the occupational tax won’t end here.  The County Commission has already voted to take this lawsuit further through an appeal to the Alabama Supreme Court.  However, we are hopeful that the County Commission will do what we, the taxpayers and voters in Jefferson County, expect of them and work with the legislative delegation to do the people’s business.

Judge Rains’ order gives both the County Commission and the Jefferson County legislative delegation the opportunity to demonstrate leadership and restraint.  Although the Alabama Constitution prohibits the Legislature from eliminating the remedy handed down by Judge Rains as to the old occupational tax, the legislature can, with the involvement of the Commission, adopt a new, fair, universal, occupational tax.

If there is going to be an occupational tax in Jefferson County, it needs to be legally enacted by the Alabama Legislature and implemented by the Jefferson County Commission.  As voters and taxpayers, we hope these bodies will take into consideration not only the well documented financial problems our County Commission has created, but also the difficult financial circumstances faced by our citizenry.  The occupational tax is only but a symptom of the problems faced by Jefferson County – it is not a cure.  The real cure can only come when our elected officials put aside their egos and work together to do the jobs we elected them to do – no matter how much they personally dislike the result. The future of Jefferson County depends on it.

This article has been provided by the Alabama Class Action Lawyers of Hill Turner, 1-877-828-1714, www.HillTurner.com.

22Jul/090

Rosenberg & Rosenberg Recover $3.5 Million Settlement

Rear Impact Car Accident

41 year old male was struck from behind by a pharmaceutical truck.  As a result of the impact, the client suffered three herniated discs.  The insurance company refused to settle and this case proceeded to trial.  After the litigation team of  Ft. Lauderdale personal injury attorneys hired expert witnesses to show the extent of the client’s injuries, the insurance company for the pharmaceutical company settled the case for $3.5 million