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Some of the cites we server are,
Can A Defense Lawyer Really Get You Out Of A Dui With The Denture Trapped Alcohol Defense?
Can A Defense Lawyer Really Get You Out Of A Dui With The Denture Trapped Alcohol Defense?
I Blew A .11 With Dentures That I Had Done Has A Immediate Denture Procedure. After A Month They Where Ready For A Reline And Where Very Lose Trapping Food And Liquid Causing A Higher Bac! I Have Done Test With A $150 Breathalyzer By Swishing Beer In My Mouth Spit It Out And Wait 20 Mins And I Blow Up To .06. I Am Not Trying To Get Out Of My Dui But I Know How Much I Had To Drink And It Does Not Match Up With Bac Calculator I Should Have Been Blowing Around .04. My Dui Happend In California.
A forensic alcohol study was done on trapped alcohol in dentures. The importance of the study was this: An individual with No alcohol in his or her system can blow into a breath machine twice and get the same result because of alcohol trapped in dentures.
See, usually mouth alcohol evaporates at a very high rate, which would make the one breath sample much higher than the other. For example, a .28% on the first blow, verses a .07% on the second. This would trip the machine and notify the user that there was possibly mouth alcohol and the test would have to be redone.
The denture study basically proved you could get two exact samples, which is huge to the defense.
I was in the Down Town Metro Court on Thursday where a Well Known Forensic Toxicologist testified to the "trapped denture" defense during a DUI trial.
In addition, you may have blown a .06%, but lets say your BAC was already a .06% and the trapped alcohol raised it another .06%, which would then put you at a .12%.........See how mouth alcohol would then be a problem???:
For more information about possible DUI defenses in California, please speak to an experienced DUI attorney at 877-717-2889. All consultations are free and highly informative.
Real Estate Law Property Lines?
I Have A New Neighbor That Is Buying Property Bond For Deed Come Talk To Me The Other Day. He Said That The Property Line Runs Thru My Garage Anad Shed I Have On My Property. We Have Owend The Land For Over 45 Years The Previous Owner Never Said A Word About The Line Being Wrong. Does The New Owner Make Us Buy The Land Form Him ?
This can be a very sticky situation. First before you spend any money, ask him how he get that information. It is possible that you have "encroached on his property". If he has a survey, you need to see it. If he does not, the burden is on him .
Under the real estate law, if you have a piece of land and the general public has been making a path through the land to reach say a lake on the other side to fish, and you knowingly haven't done anything to stop it, that path may become a public right of way. So if your neighbor knew about it and did anything about it for 45 years, it is going to be messy in court. But it may not come to that.
Now if this person is in the process of purchasing the property and if he is going to get a mortgage, the bank will require a certified survey. That survey will tell what is what. If in fact you have encroached on your neighbor's property, the bank will not give the loan until the encroachment is fixed.
You are in a good bargaining position. If the amount of land is small, see if your neighbor will deed the small portion of land to you for a token sum of money so you may welcome the new neighbor to the area. If the impact is large (whether it is on your side or their's), then you may have to discuss that with your attorney to see what direction you may want to take.
I Want Loads Of Information On Becoming A Lawyer?
From What To Study At Collage And Them Do You Go Straghy To Study Law At Uni? Is It A Good Career To Pursue? What Are The Starting Salaries? Could I Move To The Usa And Be One?
You are confused. You would only study a collage if you are an art lover. Also, I really can't figure out what you mean by "straghy". Typically you first need to master grammar in order to become a lawyer. Lawyers need to be able to write legal documents.
Visitations Rights.. States?
Okay, Im 17 Almost 18 And I Have A 1 Month Old Baby Girl. And The Father That Left Me When I Was 2 Months Pregnant. He Now Lives In Texas And I Live In Maine And Threwout My Pregnancy He Didn'T Call Me To Ask How The Baby Is Doing, Or Anything, He Wasnt There For The Birth And He Hasnt Bought Her Anything At All. But All Of A Sudden He Is Going To Do Visitation Were He Can Take Her To Texas.
But Can He Take Her All The Way Down There, Cuz I Live In Maine And He Lives In Texas?
Im So Worried Because Ive Been A Single Parent Threwout My Pregnancy And Now. And He Hasnt Helped Or Anything Still Doesnt Ask How She Is Doing. He Just Wants To Do This To Me Cuz He Knows I Love Her Soo Much, It Pisses Me Off!! So Can He Do That?????
If you have been awarded custody by Family Court, or any court of law for that matter, he can't take the child out of state for visitation.
I would contact Child Protective Services, Family Court or the equivalent legal body that you have in Maine BEFORE he gets there to get a supervised visitation scheduled. That way, a child advocate will have to be present & if he attempts to do anything illegal (remove the child from the state of Maine for example) or in violation of the visitation guidelines, he will be arrested.
If he has had no contact since before the child's birth, has showed no interest since the birth, under NO CIRCUMSTANCES allow him to be left alone since apparently he has stated that he plans on taking the child back to Texas on his visitation. If he does that, you will probably never see your child again, he can make up a story with an attorney to make you look like an unfit mother & convincing the court to award him custody & force you to pay him child support.
Or worse case scenario, he could skip across the border into Mexico & go on the run with the child. I don't want to scare you, but I don't want you to leave yourself in a helpless position where he basically steals your child using only the fact that he is the biological father & nothing else.
Gay Couples And Legal Rights?
I Am Doing An Argumentive Essay On Why Gay People Should Receive The Same Legal Rights As Any Other Citizen. My Professor Returned My Paper And Said 'Feelings And Tears Are Not An Arguement.' He Said I Put Too Much Emotiona And Need To Make A Stronger Argument So If Anyone Has Anything I Can Add It Would Be Awesome :D Thank You In Advance.
Well since I don't know the exact wording of the original assignment that makes presenting an argument rather difficult. But lets see what we can do.
We for starters our US Constitution sets a frame work for the governing of our country. One of the things that the 1st Congress did right off the bat was to create a list of Amendments called the Bill of Rights. These rights have been expanded by the Congress via additional amendments and the courts have expanded those rights as well.
The most telling of all these rights expansions is the addition of the 14th Amendment which provides for the equality of every person within the US. Level the playing field should we say. In doing so no one race, religion, color or individual can claim more rights than any other person.
In the 1st Amendment we are given certain guarantees also. The Freedom of Speech, Religion, Assembly, Freedom of the Press and very importantly petition of the Government for redress of Grievances. Each of these adds to the protection from our own government the possibility of disenfranchisement of any of the rights to which we are granted. This is the direction that the fight for basic civil rights has taken since the outlawing of slavery, women's suffrage and the civil rights acts of the 1960's.
Along with all those we have court actions specifically when addressing the equality of the basic civil right of marriage the US Supreme Court case of Loving v Virgina 1967, where in the court stated "it is a basic civil right of any person (legal adult) to marry any other person (legal adult) of their choosing" This decision came some 19 years after the California State Supreme Court stated in Perez v Sharp 1949 -- "a person has the basic civil right to marry whom so ever they choose to marry"
Although both of these cases were race based decisions, the core of the decisions did not address race but the basic civil right of marriage itself, where in it is a civil contract between two consenting adults to abide by the rights, privileges and responsibilities of the civil marriage contract.
In a side aspect of the failure to provide equal treatment for gay couples there is reasonable consideration of the 5th Amendments violation of Due Process and the 9th Amendment violation of the enumerations intent where in those rights are retained to the people, as individuals and as the group.
There is also a tremendous amount of case law that has been seen by both state and federal courts showing that the discrimination against any one group of people is unconstitutional. One of the Founding Fathers James Madison made it very clear in his introduction of the Bill of Rights that one of the very things he feared most was the very real possibility of the majority acting against a minority. And he stated
"In our Government it is, perhaps, less necessary to guard against the abuse in the executive department than any other; because it is not the stronger branch of the system, but the weaker. It therefore must be leveled against the legislative, for it is the most powerful, and most likely to be abused, because it is under the least control. Hence, so far as a declaration of rights can tend to prevent the exercise of undue power, it cannot be doubted but such declaration is proper. But I confess that I do conceive, that in a Government modified like this of the United States, the great danger lies rather in the abuse of the community than in the legislative body. The prescriptions in favor of liberty ought to be leveled against that quarter where the greatest danger lies, namely, that which possesses the highest prerogative of power. But it is not found in either the executive or legislative departments of Government, but in the body of the people, operating by the majority against the minority."
How Does A Personal Injury Settlement (Lump Sum Payment) Effect A Recipient’S Eligibility For?
1. How Does A Personal Injury Settlement (Lump Sum Payment) Effect A Recipient’S Eligibility For__________ Program?
2 How Does A Personal Injury Settlement (Lump Sum Payment) Effect A Recipient’S Eligibility For__________ Program When Transfer To A Special Needs Trust For The Benefit Of The Recipient?
A. How Must The Trust Be Set Up (I.E. Revocable/Irrevocable; Discretionary /Non-Discretionary, Etc.)?
B. How Will Distribution From The Trust Be Counted?
Masshealth Common Health
Transitional Aid To Families With Dependant Children
Section 8 Housing
1. A personal injury settlement (lump sum payment) DOES affect a recipient’s eligibility for the SSI, Food Stamps and TAFDC programs.
1a. A personal injury settlement (lump sum payment) DOES NOT affect a recipient’s eligibility for the SSDI, Masshealth Commonhealth and Section 8.
2. A personal injury settlement (lump sum payment) does not affect a recipient’s eligibility for any of these programs when transferred to a special needs trust for the benefit of the recipient. The whole point of a SNT is to ensure the individual remains eligible for public benefits.
2a. A funded special needs trusts should be irrevocable, this ensure that no changes can be made to the trust document. So once the money in the trusts, its in the trust! Whether its a discretionary /non-discretionary trust, that depends on the grantor and how much trust is placed on the trustee. I would think a non-discretionary trusts is fine as long as it does not impede with additional funds going into the trust.
2b. That’s a loaded question, although the short answer is that funds from the trust should only be used for things not acquired from public benefits because it defeats the purpose. Furthermore, it is imperative that if you do a SNT you find a qualified lawyer who SOLELY deals with special needs trusts. It cannot be simply a estate planning lawyer or one that deals with all sorts of trusts, it must be a lawyer that specializes in special needs trusts. The wording of these trusts must be very precise, public benefit agencies will look over these trusts with a microscope so its very important that they are written correctly.