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Everyone knows that you shouldn’t drink and drive. But not everyone knows the difference between DUI and DWI. Both acronyms are terms that refer to operating a motor vehicle while impaired by alcohol or illegal drugs. Throughout the United States, the laws regarding DUI and DWI vary.

DUI stands for driving under the influence and can be classified as a lesser charge in some states due to the level of intoxication. The level of intoxication is determined by an individual’s blood alcohol level at the time of arrest. New York State distinguishes a DUI from a DWI charge by maintaining a blood alcohol level of .08 as the legal limit. Any level .08 or higher is considered a DWI. If an individual registers a blood alcohol level of .07, the charges may then be reduced to a DUI.

DWI stands for driving while intoxicated or impaired. Any driver who has a blood alcohol level above the legal limit may be charged with a DWI. If you are driving erratically, speeding or veering from side to side, you may be pulled over and asked to take a Breathalyzer test. A Breathalyzer is an apparatus that measures an individual’s blood alcohol level. Refusal to take the test under suspicion of a DWI is classified as an admission of guilt. A field sobriety test may also be given in place of a Breathalyzer test. This test might include a heel-to-toe walk in a straight line, standing on one foot, reciting a portion of the alphabet, or other takes requiring mental acuteness.

If a law enforcement officer determines that you have been drinking and driving, or driving while under the influence of drugs, you will be taken to the nearest police station for further chemical tests and questioning. Offenders are often held in jail until court proceedings. A convincing defense attorney can sometimes get a DWI reduced to a DUI if certain conditions are met.

These conditions may include the defendant’s display of remorse, a blood alcohol level was slightly over the legal limit, or if the incident was classified as a first offense. A DUI carries a lesser punishment than a DWI.

Certain states throughout the country have developed a zero tolerance policy and do not recognize any difference between a DUI and a DWI offense. Any blood alcohol level that is measured over the specified limit is considered a crime that will be punished accordingly regardless. Other states may use DUI to classify a charge of driving under the influence of illegal drugs instead of alcohol.

Overall, the country as a whole has cracked down on driving under the influence of alcohol or drugs whether particular states categorize DUI and DWI separately or not. The minimum illegal blood alcohol level of .08 applies to every state.

Though the language of DUI and DWI is constantly changing under the law, it is still important to be aware of the general meaning for each charge. Either way, it’s best to avoid drinking and driving altogether.

According to Federal law, companies are not allowed to discriminate on the basis of race, gender, pregnancy, national origin, religion, disability, citizenship status and age. State and local laws may differ on discrimination regarding weight, sexual orientation and other forms of prejudice. If you have been or are a victim of discrimination in the workplace there are certain steps you can take, both individually and legally, in order to ensure that your rights are protected.

First, report any discrimination of any kind to the human resources department at your place of employment. This will not only give your employer an opportunity to dispel the discrimination amicably, but will also show a record of complaints you have filed in case you do decide to bring a lawsuit against the company in question.

Second, save any and all evidence that may prove beneficial to your case. This includes any e-mail, letters, memos, post-it notes, or voice messages that show you are a victim of prejudice.

Lastly, if you and your employer are not able to come to a reasonable understanding or a respectable agreement regarding your concerns of discrimination, you may want to find an experienced lawyer who is well-versed in employment law. Succeeding in an employment lawsuit without a lawyer is nearly impossible. A good lawyer will know how to present the proper witnesses and documents to the court and jury, and how to prevent a large company and from using unfair means to influence the case.

Proving discrimination in a court of law is based on two positions: yours and your employer’s. That is why it is extremely important for you to keep a record of every incident of discrimination that occurs. In a court of law, this is referred to as an “adverse employment action.” An adverse employment action can affect everything from pay, title, vacation time, firing or hiring — basically anything that is a term or condition of employment.

Your employer will then be forced to explain or provide a legitimate reason why the adverse employment action took place. It is up to the jury to decide whether or not that reason is legal under the law. For instance, your employer may be accused of firing you because you are of a different race. He or she can tell the court that they fired you simply because they were downsizing, which is perfectly legal.

It is actually more difficult to prove discrimination than you may think. You and your lawyer may want to go over the evidence you have collected as well as provide suitable statistical information that may be beneficial to your case.

The essential question you need to ask yourself is why. Why were you fired? Why did you receive a pay cut? Was it because of your age, race or gender? Or was it because of something else? Once you have determined the answer, you will know whether or not you were a victim of discrimination. Then you can proceed accordingly as you see fit.

Workman’s Compensation is available if you are ever in an accident that happens while you are on the job. If you are hurt on the job, your employer is liable to pay compensation.

The employer is not liable if any injury doesn’t result in the disablement of the worker in a period outside of three days. The employer is also not liable if the injury is a result of being foolish on the workers part, which could include: intoxication, influence of drugs, disobedience, unwilling to follow safety regulations at work.

There are lists of injuries that result in permanent disabilities, partial disablement, other injuries, and general injuries that fall under workman’s compensation. In general, if there is a loss of major parts of the body, you will get full compensation back. As the loss of extremities get smaller, such as a finger, the lower the compensation will be. The same goes for the amputation procedures.

The amount of compensation, when death is involved, has the amount of fifty percent from the injury of monthly wages of the passed workman. This can be multiplied by a factor, depending on your state. You could choose to have the total equal to the disablement resulting in sixty percent of the injury of monthly wages of the injured person that is then multiplied by a factor, depending on your state.

Another compensation you could receive is for permanent partial disablement. If this were to be a result of an injury, the percentage of the compensation would be percentage of loss of earning capacity due to the injury that occurred. With the injury, the compensation percentage you would be payable as if it were a case of permanent disability as long as it is appropriate in comparison to the assessment of the medical practitioner.

If there are injuries that happen in larger amounts, caused by the same incidents, the amount of compensation paid out will be the sum as long as any case will not go above the set amount payable from that set injury. To assess the loss of earning, the medical practitioner would have to look at the percentages of loss of earning in relation to other injuries that are specified.
Compensation will always be paid when it is due. If you have a case where the employer does not claim responsibility for making the compensation payments, they will be made to make provisional payment based on the amount of liability that he accepted. These payments will then be deposited to the Commissioner or the person receiving the payment.

If any employer were to default in paying the compensation within one month from the date of injury, the Commissioner can do one of two things: direct the employer to pay a simple interest at the rate of twelve percent per annum; or if there is no reason for the compensation delay, the Commissioner will direct the employer and insist that the employer pay an additional fee that does not exceed fifty percent of the amount due.

Let’s face it. Everyone wants to make a good first impression. And the clothes you wear can often make or break a good impression. Much like any job interview, how you dress is equally important when going to court. In court, you will be judge on everything from your criminal history to the clothes you wear. How you choose to present yourself can directly impact the judge and jury, and the outcome of your case.

When you are getting dressed for your day in court, wear professional attire. Men should dress in a suit and tie, or in khaki’s and a nice dress shirt. Women should wear a nice business suit with either a skirt or slacks. The rule of thumb is to dress conservatively. Do not wear hats, hooded sweatshirts, pajamas, tank tops, flip flops, shorts, miniskirts, low-cut tops, pants that fall below your waistline, jeans, untied sneakers, T-shirts or anything dirty, holey or with patches. Any clothing regarding sex, violence, cigarettes, drugs, or alcohol should never be worn to a court of law. If you have any visible facial piercings, it is better to cover them up. Tattoos with naked body parts, swear words, drug or alcohol references, or violence should also be covered. Wear little jewelry as possible. A nice, modest watch will suffice.

It is generally important to be clean cut and pleasant in appearance. Get a haircut, shave and clean yourself up. Think of it as a date. Your biggest concern on a date is to impress your partner. In court, you biggest concern is to impress the judge or jury. You want the judge and jury to “like you” without having to “know you.” Presenting like the boy or girl next door is the best approach. Jurors are typically older and have a harder time attributing a crime to someone who may look like their grandson or granddaughter.

In addition to the clothes you wear, how you act can also make an impression in court. Always stand up straight when talking to the judge and look him or her directly in the eye. Lack of eye contact is often an indicator as to whether or not you are lying under oath. Speak loudly so that the judge can hear you. Answer any and all questions with “yes, sir,” or “yes, ma’am,” do not just nod your head. Do not mumble. If you are unable to hear what the judge is saying, do not respond with “huh?” Ask the judge politely if he or she can repeat the question.

Other key tips include: arriving on time for your court date, being respectful of everyone involved in the case, including lawyers, clerks, judges and witnesses, and taking responsibility for your actions. If you are guilty of the crime in question and the evidence against you is strong, there isn’t much you can do. How you dress and act in court won’t save you from having to accept the consequences of your actions.

If you have a legal issue that needs to be resolved in a timely manner, you may need to hire a lawyer. Lawyers are specifically trained and educated on our legal system and can offer advisement and insight about your particular case that you won’t be able to find in books or on the Internet.

The easy part is finding a lawyer. You can flip open a phone book and find numerous law offices to choose from. The hard part is finding a lawyer that is “right” for you. You not only want a lawyer who is honest, reliable and accomplished, you also want one who you feel comfortable dealing with. Think carefully about the legal services you require. Many lawyers practice law for their entire lives and never even set foot in a courtroom because most of the work they do is for consultation purposes only.
One way to begin your search is to ask your friends and family for a reference to a lawyer experienced and knowledgeable in the particular field you are in need of, whether it be personal injury law, employment law, criminal law, etc. Most people tend to put a lot of trust in their friends and family, and often seek them out first for advice and recommendations regarding legal, financial and even marital issues. There are also Internet services available to help you find a lawyer. They work like Internet dating services only they match you to a lawyer based on the criteria you provide. These client-attorney matching services are free, fast and entirely confidential.

Set up a meeting with two or more lawyers to “feel” them out. Ask them how long they have been in practice. Any lawyer that has been practicing for 10 years or more will have the right amount of experience. Ask them what percentage of their practice involves the kind of case you are facing. If the answer is less than 75 percent, say “goodbye.” Discuss the minor details of your case to get a sense of whether or not they are interested. You want a lawyer who will invest time and effort into your case, and if they lack interest they will most likely lack time and effort as well. Lastly, ask them how much they charge. Most defense attorneys do not collect a penny unless you win your case.

Do not judge a lawyer by the size of his or her law firm. Size has absolutely nothing to do with how well a lawyer will represent you and handle your case. Most people tend to think that a smaller law firm means less experience. Sometimes smaller law firms can offer more personal attention.

Above all else, go with your gut and trust your instincts. If something doesn’t feel right, in most cases it isn’t. You are hiring a lawyer to work for you, not against you. Lawyers should be hired based on their expertise. The “right” lawyer will know how to handle your case effectively, honestly and with your best interest at hand.

You’ve probably seen enough scripted crime drama on television to know what Miranda Rights sound like. You know that you have the right to remain silent, and that anything you say can be used against you in court. But what else do Miranda Rights entail?

Did you know that you always have the right to have a lawyer present during questioning? Did you know that if you do not have the means to afford an attorney, one will be appointed for you. Police often question individuals without lawyers present. But you are not required to answer any of their questions under this right.

In boarder states such as Texas, New Mexico and California, suspects who are not legal citizens of America are read an additional right: If you are not a United States Citizen, you may contact your country’s consulate prior to any questioning.
Miranda Rights were established by the 1966 United States Supreme Court decision regarding Miranda vs. Arizona as a way of protecting criminal suspects from incriminating themselves and to avoid coercion of a confession. As a result, the verb Mirandize was established. To Mirandize means to read a suspect his or her Miranda Rights.

Though the Supreme Court did not specifically state how the wording of the Miranda Rights should be used when arresting a suspect, a set of guidelines was created. These guidelines directly state that the person in custody must be always informed that he or she has the right to remain silent, and that anything the person says must be used against that person in court be for he or she is interrogated. The person in question must also be informed that he or she has the right to speak with a lawyer and to have a lawyer at hand during questioning. Also, if he or she is destitute, an attorney will be provided at no cost to represent him or her.

Miranda Rights do not have to be read in any particular order as long as they are adequately explained in detail. The courts have established a ruling that the rights must be “meaningful,” meaning that the suspect in question fully understands his or her rights. California, Texas, New York, Florida, Illinois, North Carolina and Pennsylvania also add the following questions: Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? A “yes” answer to both of these questions is considered a waiver. A “no” invokes the rights. A suspect’s silence is not considered a waiver because there could be a language barrier that prevents the suspect from comprehending his or her Miranda Rights.

Essentially, Miranda Rights are considered an extension of the Fifth Amendment, which protects against coercive interrogations. If you are ever arrested or brought in for questioning by the police, remember your Miranda Rights. They exist to protect you, innocent or otherwise. And you have the right to enforce them.

How can I change my name?
In most states, you are required to have residency in the county and state before you file for a name change. A person is not permitted to change his or her name to take advantage of any other person. You must be file the appropriate documentation in court in order to properly change your name.

Are there any restrictions placed on new names?
Yes, there are certain restrictions placed on selection a new name. Choosing the same name as a famous person can be difficult. Trademarked names and company names are all protected under copyright law.

Do I have to notify anyone of the name change?
After you have filed a name change petition in court, you must provide notice to the public in order to avoid false name changes. Notice requirements fall into two separate categories: public notice and Notice to affected individuals and agencies. You can issue a public notice through a general circulation newspaper in your town or county informing the public that a name change petition has been filed.

Do I have to pay a fee to change my name in court?
All courts are paid a filing fee unless you are unable to pay or another there is another justifiable explanation. Filing fees vary from state to state.

Could a name change appeal be denied?
A name change appeal can be denied if you are changing your name in order to avoid legal action, debts or other financial obligations or court judgments.

What is basically involved in a court ordered name change?
There are three basic steps to changing your name legally. The first step is to file the action in court with the applicable forms and fee. In some states you may have to publish a notice in a local newspaper stating that the action has been filed.

How is a name change for a minor different from an adult?
If a minor is changing his or her name, he or she must have a parent filed the petition. Consideration is given to whether the name change is in the best interests of the minor. Issues such as custody and parental notices are carefully examined.

Do I have to go to court?
Depending on state law, after filing all of the applicable forms, you may be required to return to the courthouse to file appropriate documentation such as a copy of the notice of the name change informing the public.

Can individuals object to my petition for a name change?
If an individual disapproves of the name change, he or she can make an objection to the court. Any objection made to the court may influence the court’s finding as to whether or not the change of name is unnecessary or a threat to public interests.

When does a name change take effect?
A name change can typically take anywhere from 30 to 90 days to become official. This all depends on when you file the name change petition and the court’s

The purpose of copyright law is stated clearly and defined in the following manner: “Copyright is a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.” If you are confused about what copyright law covers, you can contact the United States Patent and Trademark Office, for further information.

As stated in the copyright explanation, your company name is not protected under copyright law. However, the United States Patent and Trademark Office does offer such protection. According to the USPTO website, “a trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.”

Companies like Nike, Gatorade, Apple and Microsoft have issued trademarks on their company names and therefore are protected under the law from being used or mentioned without their consent.

You should apply for a trademark for your company name, based on this information. Conveniently, you can fill out an application online and file it over the Internet using their Trademark Electronic Application System. Trademark Applications and Registrations Retrieval database lets you dig through registered trademarks so that you don’t attempt to duplicate a brand name or company name that has already been established. The system also lets you check on the status of your own application as well.

Trademark rights can be used to prevent others from using the same company name, but they cannot prevent others from making or selling the same goods and services from under a completely different name. The purpose of a copyright is to protect works of authorship as a fixed form of expression. There may be some occasions when both copyright and trademark protection is required. For example, a marketing campaign for a new sports product may also introduce a new slogan for use with the product. Both the slogan and the produce will appear in the advertisement. In this particular case, copyright and trademark protection will deal with different aspects of the advertisement. The advertisement’s text and graphics, as published in print, television, radio or the Internet, will be covered by copyright — but this will not protect the slogan as such. Trademark law may protect the slogan, but it will not cover the rest of the advertisement. If you want both forms of protection, you will have to perform both types of registration.

If you are interested in protecting your company name, a slogan or other word or phrase, you will need to look into getting a trademark. Your company name is not protected under copyright law.

Sometimes called “ambulance chasers,” personal injury attorneys provide legal representation to those who claim to have been injured as a result of negligence or wrongdoing by an individual, company, government agency or other entity. Injuries of clients normally range from work-related to automobile and other accidents, and from medical mistakes to slip and fall accidents. The kind of law that personal injury attorneys practice is referred to as “tort” law.

Since personal injury attorneys are normally aggressive in their representation, there have been many movements to establish tort reform in recent years. Tort reform proponents argue that such reforms are needed because personal injury lawsuits have led to an excessive increase in health care costs. An astounding 15 million lawsuits are filed every year in the United States. Also, countless doctors have had to leave their practice or relocate because of cost-related medical malpractice insurance rates. The Harvard School of Public Health has recently found that only 60 percent of medical malpractice litigation cases produced evidence of medical error.

Personal injury lawyers have codes of conduct, which they must abide. State bar associations have the power to take disciplinary action against those individuals who violate professional or ethical policies. The American Bar Association Joint Committee on Lawyer Regulation offers support to state bar associations in order to help them draft, apply and promote regulation regarding personal injury lawyers.

Our society has become somewhat of a “compensation culture.” A compensation culture basically means that it has become commonplace for anyone who has suffered a personal injury of some kind to take legal action against an individual or company connected with the injury, even if the injury is trivial or the connection is questionable, for monetary purposes. The plaintiff is usually someone who was persuaded, either by family members or a law firm, to sue. Too many injury attorneys or law firms specializing in personal injury cases have commercials on television with the intention of attracting clients who may not be interested in suing initially. They claim to have won millions of dollars for previous clients and stress that injured individuals are owed compensation. Lawsuits vary from frivolous to serious. A frivolous lawsuit may involve someone who had slipped and fell on someone else’s property, while a serious lawsuit may involve someone who was paralyzed as a result of a car accident. Some frivolous lawsuits may be settled outside of court if the cost of defending a case is greater than the settlement amount.

Although personal injury lawyers may get a “bad rap” because of the way today’s society has a propensity to sue, most of them believe wholeheartedly in the law and are simply doing their jobs. When you are injured and in pain, it is much harder to represent yourself in court. If the injury is a result of another individual or company’s negligence, then you deserve proper compensation for your suffering. A good, honest and experienced personal injury attorney will make sure that your best interests are represented in court.

When you create a power of attorney, you choose an “agent” to act on your behalf. The person you choose to be your agent or attorney-in-fact assumes certain duties and responsibilities. The most important obligation of the agent is to act in your best interest. This means that he or she must always do as you ask. The agent is there to make important decisions and act with the highest degree of good faith on your behalf.

Even though your agent is expected to make decisions with your best interest at heart, and use your money and property only for your benefit, he or she also possesses plenty of freedom to do as he or she pleases. Therefore, it is essential to choose an agent whom you trust when you sign a power of attorney document.

Before selecting an agent or attorney-in-fact, you may want to ask yourself the following key questions:

• Do I trust this person?
• Does this person have my best interest at heart?
• Is this person willing to put in the time and effort it takes to handle my affairs?
• Will he or she follow my wishes if I am ever unable to make decisions for myself?
• Is this person someone who can visit me on a regular basis?
• Is this person responsible?
• Is this person someone who knows enough about finances to make the right decisions?

An agent must keep your money separate from his or her own. He or she must not be personally vested in or stand to profit from transaction. An agent is required to keep separate and accurate records regarding all transactions he or shse engages in for your benefit.

Furthermore, an agent is not allowed to give away or transfer any of your money, personal property or real estate to his or her own name unless the power of attorney contains specific authority to do so. If you want your agent to have that type of authority, you will need to ask a private attorney to draft a power of attorney document for you. Most people with property (such as a house or a land), savings (such as bank accounts, stocks, bonds, certificates of deposit) and income (such as salary, pension, Social Security benefits) should seek the advice of a private attorney to draft a power of attorney document.
Granting someone power of attorney is a weighty decision. And, as such, should not be taken lightly. Take your time and consider all of the key points mentioned above. The most important thing to remember about choosing an agent is that they are there to act on your behalf. Power of attorney does not mean you are giving away your power. It simply means that you are letting an individual use your power for you. Make sure that you choose someone who is not only responsible, but someone who is also willing to reach out to others for help if they cannot handle your affairs on their own.