legal advice

Have you ever had a suspicious car that parked on your street that you wanted to trace the license plate on to see who it belonged to? Or maybe you have a new employee starting to work for you and you need to trace his or her license tag number as part of a driving records background check. No matter the reason, there are many people who want to conduct reverse license tag searches everyday.
Before you get started, you should know that there is no free reverse license tag search or lookup database available online or offline. About the only way you can get license tags searched for free is to have a police officer do it for you. Unless you have a good reason or a personal relationship, that's not likely to happen.
There are, however, other ways that you can accomplish your goal of getting owner information from a license tag number. You can contact a private investigator, pay for a search online with a public records database or hire an online firm to conduct your search. Those are about the only options.
License tag numbers are protected information under the Driver's Privacy Protection Act (or DPPA for short). Under this guideline, you can only order a license tag search if you meet certain search exceptions to the rule. For a complete listing of the exceptions to the DPPA, simply visit http://www.accessreports.com/statutes/DPPA1.htm.
In summary, if you need to conduct a reverse license tag search, you will need to have a valid DPPA approved reason to do so. If you do meet this exception, you can either:
Hire a licensed private investigator to conduct your license tag owner search
Pay an online firm to conduct the search for you.
Conduct your own search using public record database membership services
Request a law enforcement agent do the search for you

There is always that person that thinks they know some trick that will allow them to escape accountability. You know who I mean of course. We all know this person. He is the slick talking blowhard. We will call him Mr. Blowhard for the purposes of this article. Imagine Mr. Blowhard having to go through a divorce in which he will have to give half, of "his" hard earned property, to his wife. Mr. Blowhard will go to any length to avoid such a result.
It makes for an interesting case when Mr. Blowhard enters the divorce process. His combination of limited legal knowledge and willingness to misstate the facts can turn a divorce proceeding into quite a spectacle. This article shall focus on the circumstances of a void marriage and the likely thoughts that will cross his mind. Some husbands, with knowledge that the marriage is void, think they have some sort of a prenuptial agreement that will allow them to escape spousal support, attorney's fees and property division when things turn bad. As an example, let's use a situation in which the marriage is void because of a pre-existing foreign marriage or a foreign divorce that wasn't quite completed.
One fine day, Mr. Blowhard and his girlfriend decide to get married in the United States. The girlfriend has not finalized her divorce in another country. Mr. Blowhard knows of the prior marriage or incomplete divorce, and assures his soon-to-be wife that everything will be alright. "This marriage is from a foreign country," he says. "The government shall never know." All the while Mr. Blowhard is snickering to himself because he knows this marriage is null and void and he will never have to pay spousal support or be faced with other obligations should things go awry.
Well, well, Mr. Blowhard, believe it or not, you are not the first ingenious legal scholar to concoct such a scheme. In fact, the California Courts have dealt with this issue as far back as 1982, in the Recknor decision. The Second District Court of Appeal held in this case that a husband that knows of a prior marriage, that nullifies the current marriage and that still holds himself out to be married, is estopped from denying the invalidity of the current marriage.
Suddenly a light goes on in Mr. Blowhard's head. "Hold on," says Mr. Blowhard. "I never even knew she was married." Again, Mr. Blowhard has used his limited legal knowledge incorrectly. If Mr. Blowhard is able to show that he never knew of the prior marriage he still must divide his "quasi-marital" property equally. On this point, I'll cut Mr. Blowhard a break because the treatises even state that the answer is not clearly defined by the California courts.
If Mr. Blowhard were to do his own research he would see that the California Courts have done everything they can to show that Mr. Blowhard still has to divide his community interest equally. If Mr. Blowhard proves that he had no knowledge of the prior existing marriage, he is a putative spouse. California Family Code § 2251 states that if one of the parties had not know of the invalidity of the marriage then that party is a putative spouse and the property acquired during the marriage, (quasi-marital property), shall be divided in accordance with Fam. C. § 2500. When you read §2500 it states that all property must be divided equally.
Feeling a bit disheartened, Mr. Blowhard? Let me put it to rest for you. In Marvin, the California Supreme Court considered the issue of the bad-faith spouse. The Court stated that even in cases of a bad-faith spouse, the Court should still award the "guilty" spouse half of the quasi-marital property. After all, if we were to define an "innocent" spouse as one that believed the marriage as being valid, then awarding the innocent spouse ½ of the property is not frustrating their expectations.

While there are certainly times when circumstances are such that you need to hire an attorney, many legal matters are routine. It's enormously frustrating to feel as though you have go to the expense and hassle of hiring a lawyer for a simple legal issue. Although attorneys would have you believe that every legal maneuver requires their assistance, the reality is that you often don't need a lawyer - you just need the proper legal forms.
If you were to attempt to draft your own legal forms, you'd immediately run into a roadblock. If you haven't been to law school, you'll have no way of knowing what constitutes acceptable or unacceptable legal language. And goodness knows, "legalese" is a language unto itself! Luckily, the Internet offers abundant opportunities for bypassing the expense of hiring an attorney by providing you with resources you need to do it yourself. After all, if you can download legal forms for routine matters, you can save both time and money, while ensuring that you have covered your bases in the eyes of the law.
US legal forms are fairly standardized, so there's no reason not to take advantage of online legal forms. The truth is, attorneys use template legal forms themselves. When you download legal forms, you're essentially just cutting out the middleman.
So, what kinds of legal forms might help you out? You can easily use a legal form to set up a power of attorney, for example, and not have to hire a lawyer. Likewise, you can use online legal forms to deal with a variety of personal matters, such as creating your Last Will and Testament, creating a Living Will, utilizing the Uniform Gifts to Minors Act, selling your motor vehicle, entering into a construction contract, or signing an affidavit.
Online legal forms are also helpful for matters involving real estate and property. You can obtain a lease, a rental application form, a rent receipt, a promissory note, a mortgage assumption agreement, a contract for the sale and purchase of property, an agreement for permission to sublet, and many more.
Likewise, if you are a business owner, you can save a tremendous amount of money in legal fees by utilizing business legal forms. Online forms include templates for automobile rental agreements, articles of incorporation, bylaws, assignment of stock certificates, shareholders agreements, buy-sell agreements, and subscription agreements. You can even find employment agreements and business consultant agreements.
While online legal forms can't take care of every single legal matter, they can certainly handle those that are routine. In addition to being inexpensive, online legal forms give you the flexibility you need to instantly obtain the legal form you require.

So you’ve been in an automobile accident and have discovered that the other party does not have insurance. What do you do now?
The first step is to turn the claim in to your automobile insurance carrier. Don’t worry, your rates will not go up if you were not at fault for the accident. Your insurance carrier will likely send a claims adjuster to inspect your vehicle. Some insurance companies advise you to take your car to an authorized repair shop for an estimate. Either way, your company will pay for your repairs, except for the “deductible” that you have selected on your insurance coverage. The most common amount of deductible is $500, though many people have a $100 or $250 deductible, and some others have a deductible of $1,000. The higher deductible that you have chosen, the cheaper your automobile insurance will be.
After your vehicle is repaired, your insurance company will begin a process called “subrogation”. Subrogation is where your insurance company attempts to collect the monies that it paid out to repair your vehicle from the at-fault party. This may or may not involve the filing of a lawsuit. If a lawsuit is filed, you may have to appear in court and testify as to what occurred in the accident. Your insurance company will also attempt to recover your deductible in the subrogation process. As you can imagine, subrogation is a difficult process, because most times you are dealing with an individual who did not maintain automobile insurance. In my experience, the individual who does not maintain automobile insurance coverage often does not maintain or have many other assets from which to make retribution on the subrogation claim. Still, the efforts prove worthwhile more times than you might expect.
The next step, if you were injured in the accident, is to present a claim for “uninsured motorist benefits”. Uninsured Motorist Benefits are benefits that are available to you as an option on your automobile insurance policy. If you have chosen to have Uninsured Motorist Benefits, you may be eligible to receive payment from your insurance company if you were injured by a driver who did not maintain automobile insurance on his vehicle. This payment would cover any type of “pain and suffering” or lost wages that you may have incurred as a result of the auto accident. This benefit is a relatively inexpensive option that provides much needed coverage to you in a time of need, and is recommended to all drivers

Limited Tort, Stacking, Uninsured Motorist Coverage, Deductible, the list goes on and on. These are all terms that are present in your automobile insurance policy, but I have found that many of my clients do not know or understand what these terms mean. This article will attempt to give you a basic understanding of common Automobile Insurance related terms.
Limited Tort is the big one these days. Most people have heard of it, but few know what it means. Limited Tort is a selection on your automobile insurance policy that essentially waives your right to sue another driver for pain and suffering if you have been injured in an accident. Hopefully, that caught your attention. By selecting Limited Tort, you are agreeing that you cannot sue another driver for pain and suffering if you are injured in an automobile accident. I have found that many of my clients, or potential clients, have selected the Limited Tort option without a true understanding of what it means. They do so because selecting that option saves them a few dollars on their insurance premium. The savings, I have found, amount to approximately 5 to 10 percent of the total policy premium (that is merely an estimate, contact your agent for exact savings). To some, that is a sizable savings, but to others, at least those who understand what Limited Tort means, that is a risk not worth taking. There are a few exceptions that will allow you to sue a driver if you have selected the Limited Tort option, but those are for another article.
Uninsured Motorist Benefits are benefits that cover you if you are injured by another driver who does not have automobile insurance coverage, or if you are struck by a phantom vehicle (a hit and run vehicle). These benefits are meant to provide you with compensation for lost wages and/or pain and suffering that you incur as the result of a vehicle accident.
Underinsured Motorist Benefits are benefits that cover you if you are injured by another driver who does not have enough automobile insurance coverage to adequately cover you for your injuries and damages. For instance, in Pennsylvania, the minimum amount of insurance coverage that a driver must carry on his policy is $15,000 for personal injury. If you are involved in an accident with a driver who maintains only the minimum coverage, and you sustain a serious injury, $15,000 will likely not fully compensate you for your injuries. In this instance, you would file a claim for Underinsured Motorist Benefits to attempt to receive additional compensation.
The next automobile insurance term that we want to look at is Stacking. Stacking is the combining or adding of either Uninsured Motorist Benefits or Underinsured Motorist Benefits. Stacking means that you can collect from either more than one auto insurance policy that you hold, or that you can collect the limits of your policy for each vehicle that is covered by your policy. In the first instance, if you are injured you by another driver who fails to maintain automobile insurance, you can bring a claim against your Uninsured Motorist coverage on the vehicle that you were operating. If you own a second vehicle, that is insured with another company, you can bring another Uninsured Motorist claim against that policy, if your injuries and/or damages are substantial. Another variation of stacking is where you own more than one vehicle on a policy. If you have selected stacking, you can receive the equivalent of your policy limits for each vehicle that you have on your policy, if your injures warrant that.
The final term for today is Deductible. A Deductible is the amount that you have to pay for damages to your car if you are involved in an accident that is your fault. Your insurance company will pay for any damages amounts that exceed the deductible amount that you have chosen. A typical deductible is $500, though other options include $100, $250 and $1,000. Typically, the higher deductible that you choose on your policy, the cheaper your premium is.

Every other case that is being filed in the court of law requires the handling of some or the other special lawyer for it. There are a variety of cases that are fought in the courts. Divorce cases, child custody case, recovering compensation case and many other civil or criminal cases are being fought. When it comes to the matter of fighting the divorce case, then the assistance of divorce lawyer is sought after. Whether it happens to be a celebrity divorce case or the general category one, divorce lawyer has to be professionally qualified for that. After all, divorce is a sensitive issue that requires careful listening and arguing certain points that will decide the matter.
If you are planning to become a celebrity divorce lawyer, then you have to take care of many things. First of all, you are required to acquire a specialized degree in this area of law practice and the degree has to be of a recognized institution. After completing your celebrity divorce lawyer specialization degree, you should immediately become a member of the state bar of that particular area. In doing so, you will get to have a validation certificate to carry out your law practice. It will also help you in having access to all the divorce law books that will be of great help to you.
In order to make yourself more efficient in your practice, it is always better to work on internship basis and that too under the guidance of senior lawyer. In doing so, you will learn about the ways and methods that can be applied in handling the celebrity divorce cases. Being a celebrity divorce lawyer is not an easy task. You have to mug up all the previous and new laws regarding this matter and apply them carefully wherever necessary. As a celebrity divorce lawyer, you will be representing your client in the court of law and have to take care that necessary laws are being applied to turn the cession in your client’s favor.
One of the important aspects that a celebrity divorce lawyer has to handle is the custody of the child. In this case, the judge will listen to both the parties and decide on the matter that who will carry on the upbringing of the child. In order to handle this issue, being a celebrity divorce lawyer, you have to be updated on all the laws that will be helpful in representing the case in the court. Another issue that may come across you as a celebrity divorce lawyer is the case of recovering compensation for proper upbringing of child. In this matter, you will have to guide your client in certain controversial issues that may crop up within the case hearings.
Today, the market is really competitive and you may find other fellow celebrity divorce lawyer that will be offering their services in affordable rates. You have to analyze the market results and keep your price reasonable, so that you can polish your law practice more and more. Another thing you can do is have an official site of yours, so that a variety of celebrities and other important people may come across your work efficiency

When a convicted criminal is paroled or released from prison, the most common scenario is that he goes back to his old haunts and resumes his criminal lifestyle," says Randy Suggs, Co-Founder of the Second Chance Center (www.secondchancecenters.com), a facility in Albuquerque, N.M., that rehabilitates inmates in an effort to prevent recidivism. "Unfortunately, it's only a matter of time before he's back in the criminal justice system and part of a prison population that shares knowledge that reinforces criminal behavior," he says.
Suggs, a land developer from Scottsdale, Ariz., became philanthropically involved in the Second Chance prisoner rehabilitation program when he saw the success the program was having in Mexican prisons. "It's a unique and gratifying experience to make a charitable contribution and actually meet the people who are being helped," he says. "But, for me, it isn't only the prisoners who are being helped - it's also every person who will avoid being victimized by a crime perpetrated by former inmates."
According to Suggs, one of the greatest benefits of creating effective rehabilitation programs for prisoners is public safety. "The current system is based solely on punishment - on locking people away," he says. "The true reason for sending someone to prison should be public safety. Eventually, prisoners will be released, and without rehabilitation, the criminal justice system is a revolving door that does nothing to improve public safety. The government assumes responsibility for locking up prisoners, and they need to do something to ensure that those convicted won't get out and become repeat offenders."
The cost of incarceration in the U.S. keeps rising. Over 1.9 million Americans are incarcerated at a taxpayer expense of over $65 billion each year. Research indicates that, over the past 25 years, entry into correctional facilities has risen an astounding 377%, with a corresponding budget increase of 600%. And, the trend shows no signs of slowing. In California alone, the projected state spending on incarceration over the next 20 years is $1.3 trillion.
Suggs is quick to point out that the costs associated with incarceration are only one part of the equation. "We often don't consider the other costs of criminal activity," he says. "Insurance companies pay for property crimes like vehicle thefts and burglaries, and pass those costs onto policyholders. For victims of violent crime, there is the enormous cost of medical treatment. And there is the incalculable cost of the emotional distress that victims suffer."
When prisoners enter a successful program such as the Second Chance Program, however, they begin to take responsibility for their actions and learn vital tools to help them overcome obstacles when they are paroled or released. According to Suggs, "Second Chance Centers provide an opportunity to turn the tide on crime and, in turn, to create safer communities and a safer society." In the process, those who are rehabilitated have the communication tools they need to rebuild their lives, reconnect with their families, and make different choices when confronted with situations that would have previously led to criminal activity.
Suggs concludes, "It's gratifying to know that the work we're doing in the Second Chance Program will increase public safety. After all, when you're walking to your car at night or are in line at the grocery checkout counter, who would you rather have behind you - a former criminal who has been rehabilitated or a career criminal who is looking for his next victim?"

When a person has been lawfully arrested for a DUI, they are mandated to take a chemical test. If a person refuses, his or her license will immediately be confiscated by the law enforcement officer pursuant to their authority to do so in order to send the license to the Department of Motor Vehicles (DMV) for an Administrative Per Se (APS) hearing. The refusal will be utilized in a criminal case, as a “consciousness of guilt.” Additionally, evidence of the refusal can be used as a sentencing enhancement, thereby increasing the punishment if convicted for DUI.
The DMV receives notice of the refusal from the peace officer, along with the physical license. The DMV punishes refusals based on the number of times in 10 years the individual has refused to submit to a chemical test:
First-time offenders: Where a chemical test is refused, the DMV will suspend driving privileges for one year.
Second-time offenders: Where chemical test is refused, the DMV will institute a two-year revocation.
Third-time offenders: Where a chemical test is refused, the DMV will institute a three-year revocation.
Four + offenders: Where a chemical test is refused, the DMV will institute a four-year revocation. The California Vehicle Code defines a refusal in Section 23577. This section states that if a person is lawfully arrested for a DUI and refuses a peace officer’s request to submit to, or willfully fails to complete, a chemical test(s), the court will impose penalties:
First-time offenders: DUI punishment will be enhanced by an additional term of imprisonment of 48 hours in the county jail
Second-time offenders: DUI punishment will be enhanced by an imprisonment of 96 hours in the county jail
Third-time offenders: DUI punishment will be enhanced by imprisonment of 10 days in the county jail
Four + Offenders: DUI punishment will be punished by imprisonment of 18 days in the county jail.
In a criminal trial, the refusal will be perceived as “consciousness of guilt” and the jury will be instructed of this in a special jury instruction. CALJIC states:
“If you find that the defendant was offered and refused a choice of a blood, urine, or breath sobriety test after [he] [she] had been made aware of the nature of the tests and their purpose, that refusal is not sufficient, standing alone and by itself, to establish the guit of the defendant but it is a fact which, if proved, may be considered by you in the light of all other proved facts in deciding whether defendant is guilty or not guilty. The weight to which this circumstance is entitled and whether or not that conduct shows a consciousness of guilt are matters for your determination.”
During sentencing, evidence of the refusal to take a chemical test will be utilized as a special factor justifying whether probation will be granted or not, and in determining additional or enhanced terms and conditions of probation. It may be necessary to spend additional time in jail if probation is not granted. Perhaps participation in a work furlough or work release program will be ordered. Enhanced terms of probation may include numerous hours of community service or CALTRANS work.
Where a person has refused to take a chemical test, and police have taken a blood test by means of a “forced blood draw,” then this counts as a refusal, even though the person’s blood alcohol content was measured. The U.S. Supreme Court decided that forced blood draws were constitutional if certain safeguards were followed in the seminal case, Schmerber v. California. Unfortunately, this gives law enforcement and the courts two bites at the same apple, whereby the person not only undergoes the indignity of threats and manhandling at the hands of police, but also gets enhanced penalties as stated above during sentencing.

First of all; if you are actually reading this to learn how to "beat your spouse" in child custody mediation, then you don't know what to expect. In California, whenever there is a child custody dispute before the Court, the parties must first attend a mediation session in an attempt to informally resolve their dispute and develop a parenting plan. Mediation is an informal process by which both parties meet with a mediator that tries to help the parties reach an agreement concerning their custody dispute.
Good Reasons to Mediate
1. Mediation is required when there is any custody dispute There is commonly a custody or visitation dispute in cases of divorce involving children.
2. Mediation can help you make a parenting plan that's in the best interest of your children.
3. Mediation can help you make a parenting plan that lets your children spend time with both parents.
4. Mediation can help you learn ways to deal with anger or resentment.
5. Mediation can save you attorney's fees
Our office and the California judicial system encourage a cooperative approach in settling marital disputes Both parties can save the cost of an attorney court appearance by agreeing to a reasonable custody and visitation schedule
Bad Reasons to Mediate
1. To explain to the mediator that your wife/husband is a jerk
The focus of a mediation is what is best for the child and that should be your focus during the mediation This might signal to the mediator that the true motivation of this dispute is to punish/retaliate against your spouse
2. To seek marital counseling
Again, the focus of a mediation is to do what is best for the child Who Are the Mediators
A mediator:
Has a master's degree in counseling, social work, or a related field;
Also has at least 2 years of experience working in mental health;
Knows how the family court system works; and
May also have information about community services that might be helpful to you. What Mediators do
A mediator meets with both parents and helps them try to agree on a plan that is best for their child. The mediator's job is to:
Listen to both of you.
Be neutral.
Help you look at different options.
Help you decide when the child will be with each parent.
Help you decide how future decisions about your child will be made.
Help you consider how best to protect your child's safety and welfare.
Support you.
Make recommendations to the judge. In some counties, if you and the other parent can't agree on a parenting plan through mediation, the mediator is asked to give the court a written recommendation. It will contain the mediator's opinion about what parenting arrangement will be in your child's best interest.
The Parenting Plan
The ultimate goal of mediation is to come up with a parenting plan that is agreed to by both parents and in the best interests of the child. Your parenting plan (also called a "custody and visitation agreement") is a legal document. It is also very personalized. You need to make a plan that is in the best interest of your child. Some suggestions:
Consider your child's age, personality, experiences, and ability. Every child is different. Adjust your plan to your child, NOT your child to your plan.
Give your child regular, consistent times with each of you for day-to-day care, overnights, activities, schoolwork, vacations, and holidays. Use a calendar to help you.
Give your plan enough detail so it's easy to understand and enforce. Give your child a sense of security and a reliable routine. Guidelines
Every mediator may have a different approach to the conference. However, you will be best served by following a few guidelines. Be polite, just like you would be at work.
Stay on the subject. Focus on doing what is best for your child.
Control your emotions, just like you would do at work.
Be clear and specific when you talk to the other parent. Write things down and keep businesslike records of important agreements.
Keep your promises. Your children need to be able to trust and rely on you. This is very important right now.
Watch the words you use when you talk about divorce.
Perspective
It would be foolish to think that all conflicts can be settled through mediation. Mediation requires agreement between both sides. And in situations where one or both parties have unrealistic expectations, that agreement may well be impossible. In these instances, parties should bring their case before the court, and that is why the option of going to trial is available.
However, don't let mediation fail because you are the side with unreasonable expectations. By this point you should have already consulted with an attorney that has objectively explained how the law applies to your particular case. If the mediator proposes an arrangement that is in line with your attorney's expectations, you should strongly consider it. By doing so you can save the time and expense of bringing the issue before the court. Additionally, these mediators are knowledgeable in family law and will probably offer something that is close to what the court would decide anyway

A simple mistake can have lifelong consequences. Virtually everyone at some point in their lives has had a bit too much to drink, made a bad judgment, and gotten behind the wheel of a car. Almost 11,000 people make this very mistake every year in the state of Florida, many a simple error and took a bad risk. Alcohol will do that; one of its less well-appreciated effects is that it makes otherwise normal people do what they otherwise would never dream doing.
The state of Florida takes a very hard line against those that drive drunk. A person can be charged with a DUI (Driving Under the Influence) if they exhibit at least .08% alcohol per 100 milliliters in their blood or .08% alcohol per 210 liters of breath. The inconsistencies and unreliability of these machines aside, people often help convict themselves of drunk driving merely by taking these tests. You cannot be forced to take roadside sobriety tests in Tallahassee, but the penalties for refusing to take them are quite stiff should a person be convicted of a DUI.
The penalties for drunk driving in Tallahassee are quite stiff. A first offense DUI is punished by a $250-500 fine and potentially six months in jail, a second offense drunk driving conviction $500-1000 with possibly nine months in jail and an ignition interlock device placed in the defendant’s car for a year. A third DUI conviction in Tallahassee in 10 years is a third-degree felony. This crime is penalized by a prison term of up to one year and an ignition interlock device for at least two years, at the defendants’ expense.
In addition to monetary penalties associated with a drunk driving arrest in Tallahassee, a person convicted of a DUI can also face the loss of their driving privilege. A first conviction mandates at least a 180 day revocation with a maximum of one year, a second in five years mandates a minimum five year revocation, and a third drunk driving arrest in Tallahassee requires a 10 year revocation. Any further convictions within 10 years require mandatory permanent revocation, particularly if there are other associated circumstances such as with Murder with Motor Vehicle.

When a convicted criminal is paroled or released from prison, the most common scenario is that he goes back to his old haunts and resumes his criminal lifestyle," says Randy Suggs, Co-Founder of the Second Chance Center (www.secondchancecenters.com), a facility in Albuquerque, N.M., that rehabilitates inmates in an effort to prevent recidivism. "Unfortunately, it's only a matter of time before he's back in the criminal justice system and part of a prison population that shares knowledge that reinforces criminal behavior," he says.
Suggs, a land developer from Scottsdale, Ariz., became philanthropically involved in the Second Chance prisoner rehabilitation program when he saw the success the program was having in Mexican prisons. "It's a unique and gratifying experience to make a charitable contribution and actually meet the people who are being helped," he says. "But, for me, it isn't only the prisoners who are being helped - it's also every person who will avoid being victimized by a crime perpetrated by former inmates."
According to Suggs, one of the greatest benefits of creating effective rehabilitation programs for prisoners is public safety. "The current system is based solely on punishment - on locking people away," he says. "The true reason for sending someone to prison should be public safety. Eventually, prisoners will be released, and without rehabilitation, the criminal justice system is a revolving door that does nothing to improve public safety. The government assumes responsibility for locking up prisoners, and they need to do something to ensure that those convicted won't get out and become repeat offenders."
The cost of incarceration in the U.S. keeps rising. Over 1.9 million Americans are incarcerated at a taxpayer expense of over $65 billion each year. Research indicates that, over the past 25 years, entry into correctional facilities has risen an astounding 377%, with a corresponding budget increase of 600%. And, the trend shows no signs of slowing. In California alone, the projected state spending on incarceration over the next 20 years is $1.3 trillion.
Suggs is quick to point out that the costs associated with incarceration are only one part of the equation. "We often don't consider the other costs of criminal activity," he says. "Insurance companies pay for property crimes like vehicle thefts and burglaries, and pass those costs onto policyholders. For victims of violent crime, there is the enormous cost of medical treatment. And there is the incalculable cost of the emotional distress that victims suffer."
When prisoners enter a successful program such as the Second Chance Program, however, they begin to take responsibility for their actions and learn vital tools to help them overcome obstacles when they are paroled or released. According to Suggs, "Second Chance Centers provide an opportunity to turn the tide on crime and, in turn, to create safer communities and a safer society." In the process, those who are rehabilitated have the communication tools they need to rebuild their lives, reconnect with their families, and make different choices when confronted with situations that would have previously led to criminal activity.
Suggs concludes, "It's gratifying to know that the work we're doing in the Second Chance Program will increase public safety. After all, when you're walking to your car at night or are in line at the grocery checkout counter, who would you rather have behind you - a former criminal who has been rehabilitated or a career criminal who is looking for his next victim?"

Every other case that is being filed in the court of law requires the handling of some or the other special lawyer for it. There are a variety of cases that are fought in the courts. Divorce cases, child custody case, recovering compensation case and many other civil or criminal cases are being fought. When it comes to the matter of fighting the divorce case, then the assistance of divorce lawyer is sought after. Whether it happens to be a celebrity divorce case or the general category one, divorce lawyer has to be professionally qualified for that. After all, divorce is a sensitive issue that requires careful listening and arguing certain points that will decide the matter.
If you are planning to become a celebrity divorce lawyer, then you have to take care of many things. First of all, you are required to acquire a specialized degree in this area of law practice and the degree has to be of a recognized institution. After completing your celebrity divorce lawyer specialization degree, you should immediately become a member of the state bar of that particular area. In doing so, you will get to have a validation certificate to carry out your law practice. It will also help you in having access to all the divorce law books that will be of great help to you.
In order to make yourself more efficient in your practice, it is always better to work on internship basis and that too under the guidance of senior lawyer. In doing so, you will learn about the ways and methods that can be applied in handling the celebrity divorce cases. Being a celebrity divorce lawyer is not an easy task. You have to mug up all the previous and new laws regarding this matter and apply them carefully wherever necessary. As a celebrity divorce lawyer, you will be representing your client in the court of law and have to take care that necessary laws are being applied to turn the cession in your client’s favor.
One of the important aspects that a celebrity divorce lawyer has to handle is the custody of the child. In this case, the judge will listen to both the parties and decide on the matter that who will carry on the upbringing of the child. In order to handle this issue, being a celebrity divorce lawyer, you have to be updated on all the laws that will be helpful in representing the case in the court. Another issue that may come across you as a celebrity divorce lawyer is the case of recovering compensation for proper upbringing of child. In this matter, you will have to guide your client in certain controversial issues that may crop up within the case hearings.
Today, the market is really competitive and you may find other fellow celebrity divorce lawyer that will be offering their services in affordable rates. You have to analyze the market results and keep your price reasonable, so that you can polish your law practice more and more. Another thing you can do is have an official site of yours, so that a variety of celebrities and other important people may come across your work efficiency

Limited Tort, Stacking, Uninsured Motorist Coverage, Deductible, the list goes on and on. These are all terms that are present in your automobile insurance policy, but I have found that many of my clients do not know or understand what these terms mean. This article will attempt to give you a basic understanding of common Automobile Insurance related terms.
Limited Tort is the big one these days. Most people have heard of it, but few know what it means. Limited Tort is a selection on your automobile insurance policy that essentially waives your right to sue another driver for pain and suffering if you have been injured in an accident. Hopefully, that caught your attention. By selecting Limited Tort, you are agreeing that you cannot sue another driver for pain and suffering if you are injured in an automobile accident. I have found that many of my clients, or potential clients, have selected the Limited Tort option without a true understanding of what it means. They do so because selecting that option saves them a few dollars on their insurance premium. The savings, I have found, amount to approximately 5 to 10 percent of the total policy premium (that is merely an estimate, contact your agent for exact savings). To some, that is a sizable savings, but to others, at least those who understand what Limited Tort means, that is a risk not worth taking. There are a few exceptions that will allow you to sue a driver if you have selected the Limited Tort option, but those are for another article.
Uninsured Motorist Benefits are benefits that cover you if you are injured by another driver who does not have automobile insurance coverage, or if you are struck by a phantom vehicle (a hit and run vehicle). These benefits are meant to provide you with compensation for lost wages and/or pain and suffering that you incur as the result of a vehicle accident.
Underinsured Motorist Benefits are benefits that cover you if you are injured by another driver who does not have enough automobile insurance coverage to adequately cover you for your injuries and damages. For instance, in Pennsylvania, the minimum amount of insurance coverage that a driver must carry on his policy is $15,000 for personal injury. If you are involved in an accident with a driver who maintains only the minimum coverage, and you sustain a serious injury, $15,000 will likely not fully compensate you for your injuries. In this instance, you would file a claim for Underinsured Motorist Benefits to attempt to receive additional compensation.
The next automobile insurance term that we want to look at is Stacking. Stacking is the combining or adding of either Uninsured Motorist Benefits or Underinsured Motorist Benefits. Stacking means that you can collect from either more than one auto insurance policy that you hold, or that you can collect the limits of your policy for each vehicle that is covered by your policy. In the first instance, if you are injured you by another driver who fails to maintain automobile insurance, you can bring a claim against your Uninsured Motorist coverage on the vehicle that you were operating. If you own a second vehicle, that is insured with another company, you can bring another Uninsured Motorist claim against that policy, if your injuries and/or damages are substantial. Another variation of stacking is where you own more than one vehicle on a policy. If you have selected stacking, you can receive the equivalent of your policy limits for each vehicle that you have on your policy, if your injures warrant that.
The final term for today is Deductible. A Deductible is the amount that you have to pay for damages to your car if you are involved in an accident that is your fault. Your insurance company will pay for any damages amounts that exceed the deductible amount that you have chosen. A typical deductible is $500, though other options include $100, $250 and $1,000. Typically, the higher deductible that you choose on your policy, the cheaper your premium is.

So you’ve been in an automobile accident and have discovered that the other party does not have insurance. What do you do now?
The first step is to turn the claim in to your automobile insurance carrier. Don’t worry, your rates will not go up if you were not at fault for the accident. Your insurance carrier will likely send a claims adjuster to inspect your vehicle. Some insurance companies advise you to take your car to an authorized repair shop for an estimate. Either way, your company will pay for your repairs, except for the “deductible” that you have selected on your insurance coverage. The most common amount of deductible is $500, though many people have a $100 or $250 deductible, and some others have a deductible of $1,000. The higher deductible that you have chosen, the cheaper your automobile insurance will be.
After your vehicle is repaired, your insurance company will begin a process called “subrogation”. Subrogation is where your insurance company attempts to collect the monies that it paid out to repair your vehicle from the at-fault party. This may or may not involve the filing of a lawsuit. If a lawsuit is filed, you may have to appear in court and testify as to what occurred in the accident. Your insurance company will also attempt to recover your deductible in the subrogation process. As you can imagine, subrogation is a difficult process, because most times you are dealing with an individual who did not maintain automobile insurance. In my experience, the individual who does not maintain automobile insurance coverage often does not maintain or have many other assets from which to make retribution on the subrogation claim. Still, the efforts prove worthwhile more times than you might expect.
The next step, if you were injured in the accident, is to present a claim for “uninsured motorist benefits”. Uninsured Motorist Benefits are benefits that are available to you as an option on your automobile insurance policy. If you have chosen to have Uninsured Motorist Benefits, you may be eligible to receive payment from your insurance company if you were injured by a driver who did not maintain automobile insurance on his vehicle. This payment would cover any type of “pain and suffering” or lost wages that you may have incurred as a result of the auto accident. This benefit is a relatively inexpensive option that provides much needed coverage to you in a time of need, and is recommended to all drivers

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While there are certainly times when circumstances are such that you need to hire an attorney, many legal matters are routine. It's enormously frustrating to feel as though you have go to the expense and hassle of hiring a lawyer for a simple legal issue. Although attorneys would have you believe that every legal maneuver requires their assistance, the reality is that you often don't need a lawyer - you just need the proper legal forms.
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US legal forms are fairly standardized, so there's no reason not to take advantage of online legal forms. The truth is, attorneys use template legal forms themselves. When you download legal forms, you're essentially just cutting out the middleman.
So, what kinds of legal forms might help you out? You can easily use a legal form to set up a power of attorney, for example, and not have to hire a lawyer. Likewise, you can use online legal forms to deal with a variety of personal matters, such as creating your Last Will and Testament, creating a Living Will, utilizing the Uniform Gifts to Minors Act, selling your motor vehicle, entering into a construction contract, or signing an affidavit.
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What Physical Symptoms?
Why are they Significant?
Officers will observe the physical appearance of the alleged intoxicated driver very closely. This is done to determine symptoms of intoxication in order to form the basis of arrest (probable cause). The symptoms will be included in the arrest report for the use by the prosecuting attorney in the prosecution of the driver for DUI.
The type of alcohol that is safe for human consumption is called ethanol. Ethanol is a central nervous system depressant. It is scientifically proven that human beings exhibit tell-tale signs of intoxication. The police officer will utilize the senses of sight, smell, and hearing in order to pick up on these signs.
Signs of Intoxication:
Eyes: Eyes may be bloodshot, watery, red, glassy, runny, eyelids droopy. Although alcohol does not affect pupil size, alcohol will cause the pupils to react sluggishly to light.
Speech: The speech may be slurred, slow, robotic, incoherent, stuttered, lethargic, mumbled, rambling, or low in volume. In a related-topic, the suspected drunk driver may admit having been drinking, or may use abusive language, have inconsistent responses to the officer’s questions, or make unusual statements. The suspected drunk driver may also be very talkative.
Breath: Breath is often described as having the odor of an alcoholic beverage or described as stale. The officer may also note the odor of a “cover-up.” A cover-up odor may be mints, mouthwash, gum, etc.
Face: The face will be described as pale, pallid, flushed, or slack.
Pulse: When under the influence of alcohol, most people will have elevated pulse rates.
Attitude: The suspected drunk driver’s attitude may be described as excited, polite, sullen, talkative, carefree, drowsy, profane, morose, cooperative, combative, discourteous, inattentive, sarcastic, flirtatious, or any combination of these.
Balance and Coordination: These factors may be described as falling, swaying, wobbling, leaning against stationary object for support, or impaired.
Walking: The way the suspected drunk driver walks may be described as staggering, falling, stumbling, swaying, or stomping.

How do CA courts deal with FST’s that are not performed in accordance with NHTSA?
The National Highway Traffic and Safety Administration (NHTSA) has done extensive studies of field sobriety testing (FST’s) in order to determine the probability of intoxication. Law enforcement agencies have utilized FST’s for many years to develop probable cause for arrest and as evidence to be used in the prosecution for drunk driving. However, not all FST’s have been scientifically determined to be accurate reflectors of alcohol intoxication. NHTSA has determined that three FST’s are accurate indicators of alcohol intoxication, when administered in a standardized manner. These tests are called Standardized Field Sobriety Tests (SFST’s):
1. Horizontal Gaze Nystagmus (HGN). HGN is an eye test that is 77% accurate in reflecting a blood alcohol count (BAC) above .10%. Nystagmus is an involuntary jerking of the eyes at a certain angle, off to the side.
2. Walk-and-Turn (WAT). WAT is a walking test that is 68% accurate in reflecting a BAC above .10%.
3. One-Leg Stand (OLS). OLS is a test done in a stationary position that is 65% accurate in reflecting a BAC above .10%.
The HGN in combination with the WAT reflects an 80% accuracy rate in determining a BAC above .10%.
The WAT and the OLS are “divided attention” tests. Divided attention tests require a subject to listen to and follow instructions while performing simple physical movements. Sober individuals are supposed to perform these tests with no problem. Impaired individuals, however, have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.
As mentioned above, law enforcement agencies utilize FST’s in addition to SFST’s. The SFST’s have an advantage in that they have scientific backing. However, FST’s do not have such scientific data to support the conclusion that the drunk driving subject is intoxicated. Examples of FST’s include: the Rhomberg Balancing Test, Finger to Nose, Alphabet Test, Count Down, and Hand Pat, among many others.
Even though the FST’s do not have scientific backing reflecting reliability, most courts will still admit the tests into evidence. In California, courts allow all FST’s into evidence, but defense counsel can attack the weight of the evidence by challenging the reliability of the non-standardized tests. Other states only allow the actual SFST’s into evidence.

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The Walk and Turn (WAT) is a walking test. If administered properly, the WAT is 68% accurate in determining blood alcohol content (BAC) above .10%. In order to be administered properly, the test must be conducted on a reasonably dry, hard, level, and non-slippery surface. There should be a designated straight line. However, courts have allowed the introduction of the results of this test into evidence where there has not been a designated line. In this case, defense counsel will attack the weight of the evidence. If the subject is wearing heels above 2 inches, they should be given the opportunity to remove their shoes.
Step One: Instructions and Initial Standing Position
In step one, the officer will direct the subject to put one foot in front of the other in a straight line, with the right foot directly in front of the left, with the heel of the right foot touching the toe of the left foot. The subject is directed to stand in this position until directed to begin the test. It is behavior inconsistent with this instruction that most often will result in a “clue” that is used to determine intoxication. For example, the subject will move out of position, or start test before instructed to do so.
Step Two: Instruction and Demonstration of Walk and Turn Test
The officer will demonstrate the test while giving verbal instructions on how to do test. The officer will tell the subject to take 9 heel-to-toe steps down a straight line. The officer will instruct the subject on how to correctly turn, after the initial 9 steps have been taken. A proper turn is taken with a series of small steps, which the officer demonstrates. The subject is then supposed to take another series of 9 heel-to-toe steps back to the starting position. The officer will instruct the subject to keep the arms at their side, watch their feet at all times, and count each step out loud. The subject is directed not to stop until the test is completed.
The officer must ask if the subject understands the test before the test is initiated.
Clues
If the officer observes two or more clues, then there is a 68% probability that the subject has a BAC above .10%. The clues that the officer is looking for are:
1. Cannot keep balance while listening to instructions.2. Starts before the instructions are finished.3. Stops while walking.4. Does not touch heel-to-toe.5. Steps off the line.6. Uses arms to balance.7. Improper turn.8. Incorrect number of steps.
Caveat
Original research on the application of the WAT indicated that those individuals over 65 years of age and those persons with back, leg, or middle ear problems had difficulty performing the WAT. In this instance, defense counsel should argue that the weight of this test is in question and should be considered in determining whether the subject was actually intoxicated.

Refusals
When a person has been lawfully arrested for a DUI, they are mandated to take a chemical test. If a person refuses, his or her license will immediately be confiscated by the law enforcement officer pursuant to their authority to do so in order to send the license to the Department of Motor Vehicles (DMV) for an Administrative Per Se (APS) hearing. The refusal will be utilized in a criminal case, as a “consciousness of guilt.” Additionally, evidence of the refusal can be used as a sentencing enhancement, thereby increasing the punishment if convicted for DUI.
The DMV receives notice of the refusal from the peace officer, along with the physical license. The DMV punishes refusals based on the number of times in 10 years the individual has refused to submit to a chemical test:
First-time offenders: Where a chemical test is refused, the DMV will suspend driving privileges for one year.
Second-time offenders: Where chemical test is refused, the DMV will institute a two-year revocation.
Third-time offenders: Where a chemical test is refused, the DMV will institute a three-year revocation.
Four + offenders: Where a chemical test is refused, the DMV will institute a four-year revocation. The California Vehicle Code defines a refusal in Section 23577. This section states that if a person is lawfully arrested for a DUI and refuses a peace officer’s request to submit to, or willfully fails to complete, a chemical test(s), the court will impose penalties:
First-time offenders: DUI punishment will be enhanced by an additional term of imprisonment of 48 hours in the county jail
Second-time offenders: DUI punishment will be enhanced by an imprisonment of 96 hours in the county jail
Third-time offenders: DUI punishment will be enhanced by imprisonment of 10 days in the county jail
Four + Offenders: DUI punishment will be punished by imprisonment of 18 days in the county jail.
In a criminal trial, the refusal will be perceived as “consciousness of guilt” and the jury will be instructed of this in a special jury instruction. CALJIC states:
“If you find that the defendant was offered and refused a choice of a blood, urine, or breath sobriety test after [he] [she] had been made aware of the nature of the tests and their purpose, that refusal is not sufficient, standing alone and by itself, to establish the guit of the defendant but it is a fact which, if proved, may be considered by you in the light of all other proved facts in deciding whether defendant is guilty or not guilty. The weight to which this circumstance is entitled and whether or not that conduct shows a consciousness of guilt are matters for your determination.”
During sentencing, evidence of the refusal to take a chemical test will be utilized as a special factor justifying whether probation will be granted or not, and in determining additional or enhanced terms and conditions of probation. It may be necessary to spend additional time in jail if probation is not granted. Perhaps participation in a work furlough or work release program will be ordered. Enhanced terms of probation may include numerous hours of community service or CALTRANS work.
Where a person has refused to take a chemical test, and police have taken a blood test by means of a “forced blood draw,” then this counts as a refusal, even though the person’s blood alcohol content was measured. The U.S. Supreme Court decided that forced blood draws were constitutional if certain safeguards were followed in the seminal case, Schmerber v. California. Unfortunately, this gives law enforcement and the courts two bites at the same apple, whereby the person not only undergoes the indignity of threats and manhandling at the hands of police, but also gets enhanced penalties as stated above during sentencing

How do CA courts deal with FST’s that are not performed in accordance with NHTSA?
The National Highway Traffic and Safety Administration (NHTSA) has done extensive studies of field sobriety testing (FST’s) in order to determine the probability of intoxication. Law enforcement agencies have utilized FST’s for many years to develop probable cause for arrest and as evidence to be used in the prosecution for drunk driving. However, not all FST’s have been scientifically determined to be accurate reflectors of alcohol intoxication. NHTSA has determined that three FST’s are accurate indicators of alcohol intoxication, when administered in a standardized manner. These tests are called Standardized Field Sobriety Tests (SFST’s):
1. Horizontal Gaze Nystagmus (HGN). HGN is an eye test that is 77% accurate in reflecting a blood alcohol count (BAC) above .10%. Nystagmus is an involuntary jerking of the eyes at a certain angle, off to the side.
2. Walk-and-Turn (WAT). WAT is a walking test that is 68% accurate in reflecting a BAC above .10%.
3. One-Leg Stand (OLS). OLS is a test done in a stationary position that is 65% accurate in reflecting a BAC above .10%.
The HGN in combination with the WAT reflects an 80% accuracy rate in determining a BAC above .10%.
The WAT and the OLS are “divided attention” tests. Divided attention tests require a subject to listen to and follow instructions while performing simple physical movements. Sober individuals are supposed to perform these tests with no problem. Impaired individuals, however, have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.
As mentioned above, law enforcement agencies utilize FST’s in addition to SFST’s. The SFST’s have an advantage in that they have scientific backing. However, FST’s do not have such scientific data to support the conclusion that the drunk driving subject is intoxicated. Examples of FST’s include: the Rhomberg Balancing Test, Finger to Nose, Alphabet Test, Count Down, and Hand Pat, among many others.
Even though the FST’s do not have scientific backing reflecting reliability, most courts will still admit the tests into evidence. In California, courts allow all FST’s into evidence, but defense counsel can attack the weight of the evidence by challenging the reliability of the non-standardized tests. Other states only allow the actual SFST’s into evidence

What Physical Symptoms?
Why are they Significant?
Officers will observe the physical appearance of the alleged intoxicated driver very closely. This is done to determine symptoms of intoxication in order to form the basis of arrest (probable cause). The symptoms will be included in the arrest report for the use by the prosecuting attorney in the prosecution of the driver for DUI.
The type of alcohol that is safe for human consumption is called ethanol. Ethanol is a central nervous system depressant. It is scientifically proven that human beings exhibit tell-tale signs of intoxication. The police officer will utilize the senses of sight, smell, and hearing in order to pick up on these signs.
Signs of Intoxication:
Eyes: Eyes may be bloodshot, watery, red, glassy, runny, eyelids droopy. Although alcohol does not affect pupil size, alcohol will cause the pupils to react sluggishly to light.
Speech: The speech may be slurred, slow, robotic, incoherent, stuttered, lethargic, mumbled, rambling, or low in volume. In a related-topic, the suspected drunk driver may admit having been drinking, or may use abusive language, have inconsistent responses to the officer’s questions, or make unusual statements. The suspected drunk driver may also be very talkative.
Breath: Breath is often described as having the odor of an alcoholic beverage or described as stale. The officer may also note the odor of a “cover-up.” A cover-up odor may be mints, mouthwash, gum, etc.
Face: The face will be described as pale, pallid, flushed, or slack.
Pulse: When under the influence of alcohol, most people will have elevated pulse rates.
Attitude: The suspected drunk driver’s attitude may be described as excited, polite, sullen, talkative, carefree, drowsy, profane, morose, cooperative, combative, discourteous, inattentive, sarcastic, flirtatious, or any combination of these.
Balance and Coordination: These factors may be described as falling, swaying, wobbling, leaning against stationary object for support, or impaired.
Walking: The way the suspected drunk driver walks may be described as staggering, falling, stumbling, swaying, or stomping.

The One-Leg Stand (OLS) is a test that is performed in a stationary position. If administered properly, the OLS has a 65% accuracy rate in determining a blood alcohol content (BAC) above .10%. Proper administration of the OLS requires a reasonably dry, hard, level and non-slippery surface. If the subject is wearing heels above 2 inches, they should be allowed the opportunity to take them off.
Stage 1: Instructions and Standing Position
The officer will demonstrate the standing position and give instruction at the same time. The officer will direct the subject to stand with their feet together, with arms down at the sides. The subject will be instructed not to perform the test until instructed to do so. The officer must make sure that the subject does understand the instructions.
Stage 2: Instructions for Balance and Counting
The officer will demonstrate and give instruction at the same time. The officer will instruct the subject to stand with their hands at their sides, raise either leg 6 inches above the ground, and count to 30. The correct counting method is: “one thousand and one, one thousand and two, one thousand and three, etc.” The subject is instructed to watch their raised foot at all times and count aloud. Before the subject begins the test, the officer must once again ask if the subject understands how to proceed.
Clues
Research has shown that 2 or more clues will yield the 65% accuracy level in determining intoxication above the legal limit. The officer is looking for any 2 of the following clues:
1. The subject sways while balancing.
2. The subject uses arms for balance.
3. The subject hops in order to maintain balance.
4. The subject puts foot down.
Caveat
Original research on the application of the OLS indicated that those individuals over 65 years of age and those persons with back, leg, or middle ear problems had difficulty performing the OLS. In this instance, defense counsel should argue that the weight of this test is in question and should be considered in determining whether the subject was actually intoxicated.

How to be given, what clues, what they mean.
Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. Some of these non-standardized test include:
Alphabet Coin TestHand ClapFinger to NoseFinger CountRhomberg Balance
Because these tests lack standardization, they are designed for failure, not fairness. It is the officer’s own interpretation of the subject’s performance which determines failure. When police officers are questioned during cross-examination, they are unable cite any studies or scientific research which validates these testing methods or their scoring systems.
Some of the states do not allow non-NHTSA certified FST’s to be used as evidence of intoxication. However, California does allow these tests into evidence. A trained, experienced criminal defense attorney may attack the weight given the evidence, in light of the lack of scientific backing and reliability.

What do each of these driving patterns signify? Why are they evidence of impairment?
The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA). NHTSA has delineated a number of “cues” that police officers can look for in detecting intoxicated drivers driving at night. The list presented below represents, in descending order, the visual cues giving rise to the probability that the person observed is driving while intoxicated. Often, police officers will observe several cues in conjunction, which increases the probability that the driver is intoxicated, that is, driving with a blood alcohol content (BAC), over the legal limit. Studies have indicated that cues by themselves or in conjunction with other cues, give rise to a statistical probability of intoxication.
However, it must be recognized that these cues are not definitive of intoxication. In fact, the following cues have between a 30-70% probability of not reflecting intoxication.
1. Turning with a Wide Radius: During the turn, the radius, defined as the distance between the turning vehicle and the center of the turn, is greater than normal. For example, in making the turn, the driver may go beyond the designated lane markers of the first lane they are supposed to be turning into. This cue indicates a 65% probability that the driver has a BAC at or above .10%.
2. Straddling Center or Lane Marker: Here, the vehicle is moving straight ahead with the center or lane marker between the right and left wheels. Essentially this means that the lane marker is between the right and left wheels. This cue indicates a 65% probability that the driver has a BAC at or above .10%.
3. Appearing to be Drunk: This factor is determined by the officer’s visual observations of the driver and most likely includes several different indicators, including: slouching in the seat, tightly gripping the steering wheel, driving with face close to windshield, and driver’s head sticking out of the driver’s window, in addition to other cues that may present themselves. This cue indicates a 60% probability that the driver has a BAC at or above .10%.
4. Inappropriate or Unusual Behavior: This cue indicates such inappropriate behavior as throwing objects, arguing, and other disorderly actions. This may also include drinking in the vehicle, or urinating on the side of the roadway. Varying Speed: The vehicle alternates between speeding up and slowing down. This cue indicates a 60% probability that the driver has a BAC at or above .10%.
5. Almost Striking Object or Vehicle: The vehicle is observed to almost strike a stationary object or another moving vehicle. For example, the driver may pass abnormally close to another object, which is visually observed by the officer, or the officer observes another vehicle having to maneuver to avoid a collision with the driver. This cue indicates a 60% probability that the driver has a BAC at or above .10%.
6. Weaving: Essentially weaving is demonstrated as driving in a zig-zag pattern, with the vehicle going from one side of the road to the other. This cue indicates a 60% probability that the driver has a BAC at or above .10%.
7. Weaving Across Lane Lines: Extreme cases of weaving when the vehicle wheels cross the lane lines before correction is made. This cue indicates a 60% probability that the driver has a BAC at or above .10%.
8. Driving on Other than Designated Roadway: Here, the vehicle is seen driving off the road entirely, for example in the shoulder or in the dirt, or through turn-only lanes. This cue indicates a 55% probability that the driver has a BAC at or above .10%.
9. Swerving: Swerving occurs in several different situations. For example, a swerve can occur when the car drifts off course and the driver swerves to put themselves back into the lane. This cue indicates a 55% probability that the driver has a BAC at or above .10%.
10. Slow speed (more than 10 mph below speed limit. This cue indicates a 50% probability that the driver has a BAC at or above .10%.
11. Stopping (without cause) in Traffic Lane: Here, the officer cannot observe any identifiable reason as to why the car is stopped in the traffic lane. This most often occurs at intersections because the intoxicated driver needs to make a decision as to which way to go and stops the car in order to do this. This cue indicates a 50% probability that the driver has a BAC at or above .10%.
12. Stopping Problems: Here, the vehicle stops either too far, too short, or stops in a jerky way. This cue indicates a 50% probability that the driver has a BAC at or above .10%.
13. Following Too Closely: Here, the vehicle is following another vehicle without allowing the legal minimum separation between the vehicles. This cue indicates a 50% probability that the driver has a BAC at or above .10%.
14. Drifting: A “drift” is defined as a straight line movement of the vehicle at a slight angle to the roadway. This cue indicates a 50% probability that the driver has a BAC at or above .10%.
15. Tires on Center or Lane Marker: This occurs where the vehicles tires are observed to be consistently on the center line or either tire is consistently on the lane marker. This cue indicates a 45% probability that the driver has a BAC at or above .10%.
16. Braking Erratically: Here, the driver will either “ride the breaks” or else brake unevenly or in a jerky manner. This cue indicates a 45% probability that the driver has a BAC at or above .10%.
17. Driving Into Opposing or Crossing Traffic: This cue occurs in several situations: driving in the opposite lane, backing into traffic, driving the wrong way on a one-way street, or failing to yield the right of way. This cue indicates a 45% probability that the driver has a BAC at or above .10%.
18. Improper or Unsafe Lane Change: Here the driver is observed to take risks or endanger others. The driver will frequently or abruptly change lanes without regard to other motorists. This cue indicates a 45% probability that the driver has a BAC at or above .10%.
19. Illegal or Improper Turn: This cue could mean several things: the turn is too fast, jerky, sharp, etc. It could also mean such maneuvers as turning sharply from the wrong lane, making a u-turn illegally, or turning from outside a designated turn lane. This cue indicates a 45% probability that the driver has a BAC at or above .10%.
20. Signaling Inconsistent with Driving Actions: This cue occurs in several situations: failing to signal a turn or lane change, signaling opposite to the turn or lane change executed, signaling constantly with no accompanying driving maneuver. This cue indicates a 40% probability that the driver has a BAC at or above .10%.
21. Varying Speed: The vehicle alternates between speeding up and slowing down. This cue indicates a 30% probability that the driver has a BAC at or above .10%.
22. Accelerating or Decelerating Rapidly: This cue is observed as any acceleration or deceleration that is significantly more rapid than what is required by traffic laws. This cue indicates a 30% probability that the driver has a BAC at or above .10%.
23. Driving Without Headlights at Night: The vehicle is observed to be driven with both headlights off, when the use of headlights would otherwise be required. This cue indicates a 30% probability that the driver has a BAC at or above .10%.
24. Stopping Inappropriately in Response to Officer: This cue is indicated by any number of factors including stopping at an inappropriate location or under inappropriate conditions, other than in a traffic lane. This cue indicates a 30% probability that the driver has a BAC at or above .10%.

Although none of us ever hopes to be in the position of having to find a lawyer, life circumstances are such that all of us will probably need a lawyer at some point or another. When that time comes, will you know what to look for? If not, here are four tips that will point you in the right direction, whether you live in Indiana, New Mexico, or Georgia.
1. Find an Attorney Before You Need One.
That may sound counterintuitive, but the likelihood is great that, when you find that you need an attorney, you won't be in the best frame of mind to use your good judgment. If you've experienced a personal injury as the result of an automobile accident, for example, you may be in too much pain to go through the process of calling attorneys. Likewise, if you've been picked up on DUI charges, you need to have the confidence that the lawyer you choose is the right one. How do you find an attorney before you need one? Simply keep your ears open and ask around. If your neighbor had to hire a plumber and was happy with his work, you might ask her for his name and number and keep it handy in case you ever needed a plumber. The same holds true for attorney referrals. If someone you know is going through a legal proceeding and seems happy with his or her lawyer, ask for the lawyer's name and keep it handy.
2. Choose a Lawyer with Experience in Your Type of Case.
Just as you wouldn't hire a plumber to build you a new set of kitchen cabinets, you shouldn't retain an estate attorney to build your criminal defense. If you are dealing with drunk driving charges, make sure to select a lawyer who has had experience as a litigator. This could be someone who has worked for the district attorney's office or who has been a prosecuting attorney, as well as a lawyer who has extensive criminal defense experience. Likewise, if you are facing divorce proceedings and have to deal with issues like custody, child support, or even paternity, look for an attorney who has a family law practice area. Keep in mind, however, that many law firms have several, seemingly disparate practice areas. A law firm can be competent in several practice areas, either because they have associates at the firm who specialize in certain practice areas or because they work cooperatively with other firms who specialize in certain types of cases.
3. Discuss Fees Upfront.
Before you engage the services of an attorney, make sure you understand his fee structure. Many law firms charge exorbitant fees simply because they can. Look for a lawyer who charges reasonable fees for his services and for the services of his paralegals. Ideally, start with lawyers who offer a free initial consultation. This will give you the opportunity to assess his abilities and will give him the chance to determine whether or not he can be of assistance.
4. Select an Attorney Who is Available.
With many large law firms, you rarely get to speak with your attorney, and are often shuttled to a paralegal or legal secretary. The attorney you hire should be available to you, and you should be able to reach him (or receive a return call) within a reasonable amount of time. If your lawyer is too busy to return your call, you need to ask yourself if he's too busy to give his full attention to your legal issue.

In today's world, parents often begin planning for a child's education far in advance. Most Los Angeles County residents are not satisfied with their neighborhood public school. Instead, they search for designer private schools in order to provide their children with the best possible educational foundation money can buy. If their children are lucky enough to be accepted into these prestigious programs, parents are then faced with the staggering tuition costs associated with these institutions.
This focus on education does not dissipate simply because a marriage ends. The need for a quality education remains a priority. Unfortunately, the costs of divorce and the death of the community income may cause some parents to question the practicality of exorbitant tuition costs.
In families where one party generates the majority of the income, this analysis becomes even more complicated. If you are the high earner, does California law require you to cover some of (or all of) the costs of private school tuition? If you are the low earner or non-earner, does California law allow you to rely on the other party's higher income to support the costs of private school tuition?
And even in situations where each party's income is relatively similar, does California law impose some kind of equal division of such costs?
Private education as a discretionary "add-on"
The California Family Code sets forth a mandatory formula for child support that theoretically takes into account each parent's "circumstances and station in life" and "ability to pay" child support. This formula, however, does not include "special" and unique child-care expenses a particular family may encounter. In order to provide for these additional expenses, the Family Code has created two types of child support "add-ons"--one entitled "mandatory" and one entitled "discretionary."
Educational costs for a child are deemed discretionary rather than mandatory. This means that a particular judge has the discretion, or the freedom of choice, to determine whether or not she considers the proposed cost to be appropriate as an additional expense to a parent. This requires a party's counsel to make a convincing argument that the private school tuition should, or should not, be paid.
A legal argument for or against such an add-on should address several issues, including, but not limited to, the following: 1. Specific Needs of the Child: Does the child have a special physical or mental disability that is most appropriately addressed at a private institution? If a child has documented and undisputed special needs, a court is very likely to order that they be met.
2. Length of Attendance: How long has the child been attending the school? A court is more likely to order that private school tuition continue if the child has been there for several years and is at a critical stage of development in which removal from the school would be against his or her best interests.
3. Alternatives: Where would the child attend school if he or she did not attend the private institution? What is the reputation of the local public school? Is the neighborhood in which the public school is located safe?
4. Ability to Pay: What is the financial situation of the parties? Can each parent, or one high-earning parent, pay the tuition and still continue to pay for mandated child support and other expenses he or she may have? This factor must always be taken into consideration, regardless of how compelling any other factors may seem. This is because, as a practical matter, many families cannot afford to maintain the lifestyle they lived during the marriage. As a result, nonessential expenses, like private education, must be eliminated.
Allocation of private educational costs
If your counsel is successful in persuading the court to order an add-on for private educational expenses, then the court must also determine how that add-on will be allocated between the parents. If no specific allocation is requested in one's moving papers to the court, the tuition will likely be divided "one-half to each parent." If you believe an alternative allocation is merited, documentation should be presented to corroborate such a belief. One common alternative to the equal division of such add-on expenses is an allocation corresponding to each party's respective income. In this calculation, the court looks to the net disposable incomes of each party, after they are adjusted by counsel to include any spousal support and mandated child support that has already been ordered paid. The court then examines these adjusted incomes, and determines what portion of the add-on would be appropriate for the higher earner to provide. One must exercise caution in advocating this alternative allocation to the court, since a judge may order the standard equal allocation of the add-on if the adjusted net disposable incomes of the parties fail to show a true disparity between the two incomes.

Victims of automobile accidents in Virginia often face a difficult dilemma: should they settle with the insurance company, or hire an attorney instead? Insurance companies will attempt to settle personal injury claims before the victims consult with attorneys, believing they can settle claims for less with victims who are not represented by personal injury lawyers. It is critical that any automobile accident victim speak with an attorney right away, before waiving any rights. Following are answers to some frequently asked questions about Virginia personal injury and automobile accident cases:
Do I Have a Case? Virginia is a contributory negligence jurisdiction. This means that if you are at fault at all, even where the other party (the defendant) is much more at fault, your claim will be barred totally. It is extremely helpful to have the police arrive at the scene and charge the defendant. You may be required to assist the prosecution in the defendant's traffic court case. Since the defendant being found guilty would help you establish the defendant's fault in your personal injury case, it's in your best interests to assist the prosecution.
How Much Is My Case Worth? It is often difficult to put a dollar figure on the worth of your personal injury claim. A variety of factors will determine the value of your claim, such as lost wages, severity of vehicle damage, type of injuries, medical expenses, and duration of treatment. While not able to predict a specific dollar amount of recovery in your personal injury case, good personal injury attorneys can give you a general idea of what your claim may be worth.
How Long Do I Have To Bring a Case in Virginia? It is important to contact an attorney immediately after your automobile accident if possible. The personal injury statute of limitations in Virginia is two years from the date of the accident, unless you are a minor (if you are a minor, you will have two years after your 18th birthday to settle your personal injury claim). However, you should certainly not wait until the end of your 2-year statute of limitations period to hire a Virginia personal injury lawyer. The sooner you retain an attorney, the better, because it is much easier and more effective for your personal injury attorney to interview witnesses and gather evidence (photographs, medical records, etc.) soon after your automobile accident, rather than later.
What Should I Know About the Insurance Company? Soon after your personal injury, an adjuster will likely call you, on behalf of the defendant's insurance company. The adjuster may pressure you to settle quickly, perhaps advising you that you don't need an attorney. Keep in mind: the adjuster works for the insurance company, and is directed to settle your claim for as little as possible. Therefore, you should always consult an attorney prior to settling.
Can I Collect Under Both My Medical Payment Coverage and From the Defendant's Insurance? Yes. Virginia law allows you to use your medical payment coverage to pay your medical bills and still pursue your personal injury claim against the defendant's insurance company.
What About Medical Payment Coverage Under My Own Automobile Insurance Policy? Medical payment coverage is additional coverage you maintain on your auto policy for your protection, designed to assist you in paying medical bills due to an accident, even if the accident was not your fault. Payment of medical bills under this coverage is available to not only you, but also to any passengers in your vehicle at the time of the accident. Your premiums should not be increased due to a medical payment claim if you are not at fault in the accident.
What If the Defendant Was Uninsured, or Underinsured? In these cases, you may still have an "underinsured or uninsured motorist claim," whereby you make a personal injury claim against your own policy. Once you reach resolution to your underinsured or uninsured motorist claim, your insurance company may decide to sue the defendant for repayment of the money it paid you on your personal injury claim. Your premiums should not increase as a result of this claim, if the automobile accident was not your fault.
What Will a Personal Injury Lawyer Do For Me? A good personal injury lawyer will (1) document your personal injury, by gathering evidence such as police reports, medical records, medical invoices, photographs, and witness statements, (2) negotiate a fair settlement with the insurance company, and (3) if the insurance company refuses to enter into a fair settlement, present your case to a jury at trial.
What's the One Thing I Should Remember Regarding My Automobile Accident Case? Remember that every automobile accident victim should contact a personal injury lawyer. The insurance company will not take you seriously until you retain a attorney. Without a lawyer, you are not really prepared to take legal action against the insurance company, and are therefore not a threat to them. However, with experienced personal injury attorneys on your side, you can receive the compensation for your personal injury that you deserve

Comes now, the author of this article who, pursuant to said article, for the reasons set forth herein, prays inter alia, for relief from the antiquated expressions, needless Latinisms, and convoluted legalese that plagues most legal writing. Stubbornly clinging to language that they would never use in any other context, many legal writers have an irrational aversion to expressing themselves in plain English. But is it really necessary to "pray" for relief rather than ask for it?
Is it more convincing to argue that the client is entitled to relief "pursuant" to Section 4.16 rather than merely "under" Section 4.16? And, is the Plaintiff really coming now? The general consensus is that the answer to all three questions is a resounding "no," and that legal writing is, in fact, much more effective without the legalese.
The Plain-English Movement
Over the past two decades, the movement away from legalese and toward legalEASE has been palpable and heartening. In his book, "the Winning Brief," legal writing guru Bryan Garner includes chapters on such tips as "eliminate the jargon known as legalese," "strike pursuant to from your vocabulary," and "don't use such as a pronoun." The University of Virginia School of Law alumni page touts its legal research and writing program as helping students "win the battle against legalese." A UCLA professor publishes an online page entitled "eschew, evade, and/or eradicate legalease." We are bombarded by advertisements for CLE writing seminars that promise to teach us to how to write clearly, in plain English. Yet, many attorneys continue to cling to their legalese.
Resistance to Abandoning
It seems evident that confusing jargon is the enemy of clarity and persuasiveness, but the fact that we need to attend seminars or read books to teach us how to write in simple English is a testament to how deeply engrained this strange lawyerly language has become. Why the resistance? One explanation may be that aspiring attorneys spend three years in law school reading cases--decisions that are often centuries old--and assume that 21st century lawyers should write like 19th century judges. They continue to write in this style out of habit, or a misguided sense of tradition. Other lawyers are convinced that legalese is more precise. However in most cases the opposite is true: legalese is less precise, redundant ("cease and desist," "by and through counsel"), and unwieldy reinafter, "unwieldy").
Underlying the resistance may be a vague, insecure sense that lawyers need to write in legalease in order to sound lawyerly and separate themselves from the rest of the population. After all, can't any person of average intelligence draft a contract or an appellate brief in plain English? The answer, of course, is no. Replacing the "parties hereto" with "Jones and Smith" devalues the importance of attorneys no more than calling a megapixel a "millionth of a screen" would render computer technicians obsolete. Lawyers aren't paid for their ability to wield incomprehensible jargon. Rather a unique ability to reason like a lawyer, to weave persuasive arguments from facts and precedent, and to pay exacting attention to detail, separates legal writers from the rest of the population. Of course, there will always be a unique legal lexicon, filled with such terms of art as "fee simple," and "res judicata." Every profession has its jargon. But the legal profession is the only one that has felt the need to have its own pronouns, unique to the English language, and to use same to alter said language

Choosing a lawyer is not an easy task at all there are different things that you must keep in mind to pick up an excellent lawyer. You need lawyers for different tasks such as taxes, divorcing, drinking under influence (dui lawyer) and a lot of other stuffs to. In the next steps I show you how to be sure to pick up a professional. People are spending thousands of dollars on low related subjects sow I want to teach you how to get value for your money.
Due diligence on the lawyer
Before you think to spend money you need to do research to find an excellent lawyer. There are so many legal advice firms out there and the best way to get a good job done is by doing research. The first place where you can start is on the internet. These days most of the lawyers have their on website. In most cases you can read more about them and you must find the history of cases they have already handled. Two websites that can help you with these tasks are.
Also contact people in your neighbourhood who have used this lawyer before. Testimonials are a very good source to find more information.
Meet the lawyer face to face
It’s important to meet the lawyer in real live first before you stat working with them. Perhaps he can charge you a fee for this consultation but there are also a lot of lawyers who don’t want to charge for this. Or perhaps if you hesitate to contact him/her in real life you could use the phone. I’m sure they will take some time to listening to your story because it’s a very hard niche and finding clients for their business isn’t easy at all.
Look for a specialist
Do you know why some business people fail and others are making a huge amount of money. Simply because they working in a niche. If you want to pick up a lawyer you must pick up a lawyer that’s a professional in his niche. For example if you need a tax lawyer stick to one who does only courts related to taxes. It’s doesn’t matter if he/she doesn’t know anything about immigration law.
Know what to expect from your lawyer
Most people don’t want to expect the firs time they contact a legal advisor. But in fact there is one golden rule: If a lawyer gives you a guarantee that he can win the case don’t work with this person. No one can guarantee you that he/she can win a court case. Ask him/her as much questions as you wish. On the other hand you have to be completely honest with your lawyer give him as much information as possible related to your case. And there are a lot of people who forget to give out their personal contact information. Be sure to give out personal phone number, e-mail adress, post adress and perhaps your cell phone number for emergency contact.
You have already made your first steps in your (future) court case by reading these four essential steps on how to pick up a good lawyer.
If you need more information about legal advice lawyers courts you can visit my blog All the articles are 100% unique and there's a lot of great information on it.

I am an open heart surgery survivor. That by itself makes me a lucky man. However couple that with the fact the entire procedure from beginning to hospital discharge cost me only $125.00 and you can reasonably call me lucky again.
You see, I have a great insurance program. But, what I have doesn’t make any difference to millions of Americans who either don’t have insurance or are underinsured. These are the people who receive those huge medical bills that make headline news at least once a quarter.
It is common knowledge hospitals are extremely aggressive in attempting to collect what they say they are owed. It is also common knowledge hospitals charge the un/under insured full price for every procedure, medication and service.
Should anyone care to read hospitals saying what you just read, I reference the document titled, HHS Guidance on Hospital Discounting for Uninsured Patients. Simply google the title and you’ll be taken to its page.
This article will present a theory based on research and a common sense reading of applicable federal statute. I will use me as the example because I saved every piece of paper I signed/was given during my stint into the medical world.
As you may imagine, I had doctor visits, a hospital stay and follow up visits and treatment. All documented on paper and by my co-pay checks. What I found interesting in this whole trek was the total lack of information I was given about costs.
The medical information detailing the procedure, the medications, the rehabilitation efforts, etc. was outstanding. I knew from the outset it wasn’t going to be a picnic or a walk in the park.
What I didn’t know was the cost. I will readily admit up front I didn’t care about the cost because I knew by discount agreement – the term the hospital and doctors use to get paid by both me and the insurance company – my cost was to be only a small co-pay.
If you reread my co-pay total, small could be called an exaggeration for a six day stay in the hospital that included open heart surgery. But, again, I knew what my discount agreement allowed and liked the number so I didn’t bother to quibble or argue.
Anyone not this lucky should not only quibble and argue but demand better pricing. I think I know the federal law that gives you the right to step over quibbling and arguing and proceed directly to demanding.
The title of the Act is the Consumer Credit Protection Act but is better known as the Truth in Lending Act. Most people believe it applies only to credit cards and real estate. Not true.
The next two paragraphs are redacted sections 103 and 104 copied directly from the statute. If you want to read the statute in its entirety, google Truth in Lending Act.
§ 103. Definitions and rules of construction
(c) The term "organization" means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.
(d) The term "person" means a natural person or an organization.
(e) The term "credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.
(f) The term "creditor" refers only to a person who both (1) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and (2) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement.
(h) The adjective "consumer", used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes.
(i) The term "open end credit plan" means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.
(j) The term "adequate notice", as used in section 133, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder.
(p) The term "discount" as used in section 167 means a reduction made from the regular price. The term "discount' as used in section 167 shall not mean a surcharge.
(q) The term "surcharge" as used in section 103 and section 167 means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means.
(u) The term "material disclosures" means the disclosure, as required by this title, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 129(a).
(x) As used in this section and section 167, the term "regular price" means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either (1) no price is tagged or posted, or (2) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholder's open-end account shall not be considered payment made by use of the plan or the account.
§ 104. Exempted transactions
This title does not apply to the following:
(1) Credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, or to government or governmental agencies or instrumentalities, or to organizations.
(2) Transactions in securities or commodities accounts by a broker-dealer registered with the Securities and Exchange Commission.
(3) Credit transactions, other than those in which a security interest is or will be acquired in real property, or in personal property used or expected to be used as the principal dwelling of the consumer, in which the total amount financed exceeds $25,000.
(4) Transactions under public utility tariffs, if the Board determines that a State regulatory body regulates the charges for the public utility services involved, the charges for delayed payment, and any discount allowed for early payment.
(5) Transactions for which the Board, by rule, determines that coverage under this title is not necessary to carry out the purposes of this title.
(6) [Repealed]
(7) Loans made, insured, or guaranteed pursuant to a program authorized by title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
Let me call your attention to section 104. I believe 104 is very specific as those who write our laws are very careful when they say to whom a law applies and to whom a law does not apply. Hospitals and medical personnel are NOT exempt from TILA coverage or they would be listed in the above exemptions (also see below).
Yes, it is that simple or we would have laws that don’t mean what they say. Hence, no real law at all.
Now go to section 103 and read ALL the definitions. The definition of credit is: “The term "credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.”
Using the paperwork given to me to prove I was granted credit, I look at a document titled: Federal Truth In Lending Initial Disclosures. The hospital admits they are lawfully bound by TILA. Therefore, I was granted credit and/or an open end credit plan (§ 103(i) above). At the same time, they know/admit they are bound by this law by giving me this document.
If this is true, they violated § 103 (u) and (x). No where on any of the documents does it state the amount to be financed. There are only references about the amount to be financed and/or outstanding balance owed. Look at your documents. Do you see any amounts listed? (I assume you have hospital/doctor documents.)
In a second document in my package of documents is one titled Conditions of Testing/Treatment/Admission, paragraph 7A states, “I promise to pay the hospital for all goods and services furnished by or through the hospital and only AFTER DISCHARGE (my emphasis) will a bill be prepared and mailed to me showing charges due and payable at time of service. “ (As a side note, I put the word “valid” between the words “all” and “goods” just in case I actually had to dispute some of the charges. The hospital didn’t blink an eye and accepted the addition.)
Notice any discrepancy between this wording and the wording in § 103(u)? It is only after the surgery that they tell me how much I owe. I’ve been told by legal eagles this admittance paperwork is the first part in a two part legal process. This part is called the offer.
In other words, the hospital is only offering their services under those stated conditions. Mind you, they haven’t performed a single act, yet. Now, when I sign the documents, I’ve committed a legal act called acceptance. This 2 part process is called offer and acceptance.
By the way, you don’t have to accept them as they appear on the offer. You can make changes like I did on the offer form showing the conditions you will accept. If you sign it and they take it back and don’t change the changes, these become the new conditions of the contract. (Note: I also struck out an entire paragraph and the clerk only shrugged her shoulders. So, it can be done without consequence to you.)
It appears to me only one party, the hospital, in this process has complete and full knowledge of the cost of the procedure but makes only a partial disclosure to me the debtor. So, if I want their service(s), I am forced to accept partial disclosure even if I made changes.
I say partial because the document does not contain any pricing. Hence, according to the law, it is only partial in nature.
Look at § 103 (j). It seems to say I must be given full disclosure in order to make an informed decision. How do you read it?
Full disclosure and notice have been part of American law since the inception of the republic. In fact, tomes exist in the law library on just this one arena. The volumes of material are a sure cure for insomnia or so I’m told.
By the way, nothing in this article is meant to replace competent and professional legal advice. Should you be one of those people being hounded by medical bill collectors or hospitals, it is a great idea to consult with an attorney specializing in this field.
I present the above information for your thought and consideration. It seems to me the hospitals and medical professionals know they are bound by the law yet openly flaunt it. Therefore, in my opinion, it seems writing them a letter and asking for all the information TILA says you should have received will help you resolve those bills sooner. Or, in the alternative, become a basis for your own legal action.
I also fully realize there must be an oversight organization or agency and it must have the teeth to enforce penalties against those engaging in law breaking. To me, the State Attorney General is the main oversight agency. It may be different in your jurisdiction so please do your own research.
I could go on for twenty five more pages but I think you get the gist of my presentation. A law does exist to protect un/under insured people but it isn’t being used for that purpose.