No Warrant Required for Blood Tests in Missouri?

During a recent drunk driving training for Missouri prosecutors and police officers, which was sponsored by Anheuser-Busch, Cole County Prosecutor Mark Richardson spoke about a new Missouri law that recently went into effect. According to Richardson, the law permits law enforcement to take a blood sample from anyone suspected of driving under the influence, even if the officer does not have a warrant for the incomparably invasive search. However, the creators of the law disagree, stating that the allowance of blood tests without a warrant is not the goal or practical effect of the law.

The law was written for the purpose of steering first-time DUI offenders toward alcohol treatment programs instead of costly jail time. In addition, it seeks to ensure that repeat offenders are punished according to their offenses. During the law’s initial drafts, it contained a provision allowing for blood samples without a warrant for suspected drunk drivers who refuse blood tests. Lawmakers changed their minds, though, and that provision did not appear in the law’s final version.

However, when the new law was created, it removed a component of a former law which served to prohibit blood samples if a motorist suspected of DUI refused any form of chemical test. Prosecutors have seized on this conspicuous void, stating that lawmakers did it intentionally. “The Legislature did that for a reason,” Richardson said, “and that reason was to allow the warrantless drawing of blood on a person that you have arrested for driving while drugged or intoxicated.”

But, according to Senator Kurt Schaefer, the authorization of blood samples without a warrant was not the legislature’s goal in passing the new law. They were merely attempting to clarify that law enforcement can seek a warrant if a motorist refuses a test.

Richardson said that he advises law enforcement to obtain warrants for blood tests, despite the alleged meaning of the new law. However, he stated that prosecutors are seeking out a favorable case to present for a court ruling on the matter. Therefore, it appears that the debate on this issue is far from over. If you are ever in a similar position, make sure to contact a reputable lawyers, like Baltimore DUI attorney for your best chance of getting your case dismissed.

Getting Set Up With Home Dialysis

Kidneys are the filters of the bloodstream. As blood flows through the body, it passes through the kidneys where wastes are removed and sent to the bladder. Failure of the kidneys to filter the blood results in toxic build-up of waste in the bloodstream, and is fatal without intervention.
Although kidney transplants have a high degree of success with patients, many wait an average of 3-4 years on a donor waiting list, and others are just not medically fit for a transplant. Without a replacement kidney, dialysis is the only other viable option.
Renal Dialysis performs the kidney’s job of filtering waste and toxins out of the blood stream. There are two types of dialysis: hemodialysis and peritoneal dialysis (known as HD and PD). In peritoneal dialysis, dialysate fluid enters the peritoneal (abdominal) cavity via a catheter. The fluid collects waste and is then drained out of the cavity. Hemodialysis is the process of passing the blood out of the patient’s body, filtering it, and returning it to the body.
When Shirley Allen’s kidneys failed, she was started on hemodialysis at a regional kidney center, which was about 30 miles from where she and her husband, Richard, lived. It was a difficult ride for Shirley, who felt weak and tired after her treatment and had to wear portable oxygen as well. Their life revolved around the hospital’s schedule, and they often received a call the night before treatment to inform them of their appointment time the following day. It was also crucial to arrive on time for treatment, because of the hospital’s tight schedule.
Richard had recently retired, and felt up to the job of learning to administer dialysis at home. The hospital that administered dialysis also had a program in place for helping patients who wished to do home dialysis. Richard attended classes for about three weeks and went through the process of hooking his wife up to the machine, mixing chemicals, and programming the computer settings with the supervision of the staff.
Through Medicare, a home dialysis and RO (reverse osmosis) machine was purchased, along with the supplies necessary to do the job. Medicare also covered $400 for home improvements to accommodate the equipment and plumbing needs. Hot and cold running water needed to be plumbed into the bedroom, and an area of the floor had to be tiled for the dialyzer and the RO machine to stand. Cupboards and shelves were added to store some of the supplies. The actual cost for the Allens was about $770.00, and they had to pay the difference out of their own pockets. Considering all of the major costs that were covered, that wasn’t a big deal.
The kidney center provides technical support 24 hours a day, 7 days a week. Problems with the equipment or a concern about the patient’s condition can be addressed by picking up the phone and calling in. During one dialysis session, Shirley’s breathing became increasingly difficult, and the nurse Richard spoke to advised him to call 911. Help was on its way, and Shirley was brought back to the hospital for further evaluation.
If there is no family member to administer home dialysis, Medicare will pay for someone trained in dialysis to come into the home and perform the task.
For Richard and Shirley, home dialysis has allowed them more control over their lives and schedules. They don’t have to fight traffic, and Shirley can have her treatments in a more comfortable setting.
If you are considering home dialysis, keep in mind that this isn’t the answer for everyone. It requires a suitable place in the home for setting up the equipment and adding plumbing facilities. It requires a lot of work on the part of the person administering dialysis. It requires that someone be comfortable working with technology and troubleshooting problems. Can you remain calm in an emergency? Even with 24-hour help available by phone, how soon can an ambulance get to your home if something goes wrong? If you prefer to have a trained person administer dialysis, are there any available? If something goes wrong, do I have a case with medical malpractice lawyers? Will the hospital help you find someone? What does Medicare pay someone who provides this service? When we checked with Medicare, we were told that they paid $40.00 per session.
There’s a lot to consider and prepare for when doing home dialysis. Do your research, ask lots of questions, and find out what your Medicare plan pays for.

Angry Customer Service Calls

Customer service is an industry which requires a special type of person. It requires someone who is able to relate to anyone who calls the business, and someone who can fix the issues that customers have. Unfortunately, many customers are not happy when they call a business. This is often due to the fact that they must owe money. Sometimes they are mad because a product or service that they bought turns out to be defective. In order to use better telephone customer service options, you must define the ways in which your employees should conduct themselves during these calls. This means you must spend time and money to ensure the services are of the highest quality.

Work training is required for those who are the direct links to the people who pay for products. They must be trained on a variety of issues. This is why call service training takes longer than other types of company training. Phone lines ring off the hook during peak sales hours. Training needs to guide the employees on how best to manage large volumes of callers. It also needs to guide them on how to handle customers who are upset. The job is not for everyone, and this usually comes out during the training process. Consider the level of stress that a 11 operator faces when he or she must field calls about emergencies all day long.

Patience is certainly a virtue for taking calls. Some customers will call and vent and complain about a bad product. The first step is to direct them to the correct department so that they can get the help that they ultimately desire. The next step is to exercise patience. Some people will call and rant for a long time. It is best not to interrupt them so that they can get their feelings off of their mind. Once they are ready to listen, calmly inform them of what they need to know. If they still will not listen to reason, then you need to understand the protocol for directing them to a company supervisor.

Keeping your composure during high-stress calls is critical. Most all calls are recorded, so personal attacks should never take place for legal reasons. This is true even when the customer is using abusive language. You must be able to keep your cool under pressure and be able to pass them on to the person they need to speak to. If you are the person they need to speak to, then simply hang up if they are not taking any of the information you provide seriously.

Follow rules for calling people about various bills and other issues. There are laws governed by the FCC that do not allow people to be called after certain times of the day. This means that you need to be wary of sending out calls on weekends or during the night. There have been court cases that people have won, where they contested the constant harassment from credit card companies. Aggressive call techniques tend to get people into major legal trouble. If you have any questions regarding the legalities of your business, speak to an experienced small business lawyer in Milwaukee, Wisconsin

States Debate Effectiveness of Sex Offender Registries

Fourteen states have made commitments to participate in the Sex Offender Registration and Notification Act (SORNA), a subset of the five-year-old Adam Walsh Child Protection and Safety Act. Federal funding is the government’s incentive for states to follow the act’s provisions to the fullest. If states do not meet established requirements, federal justice assistance funding will be trimmed by 10 percent.

What the 2006 law intended to do was widen the list of eligible sex offenders named on sex offender registries. However, a few central issues have kept states from complete compliance or from taking part at all – the expense of expanding efforts, the legality of requiring sex offenders convicted before the law was enacted to register, and the long-term effect on criminals, especially juveniles, when it comes to rehabilitation.

Critics say the program costs more than it is worth and may counteract rehabilitation efforts. Other detractors say the public is lured into a false sense of security by believing that a national database includes all sex offenders.

Proponents of new laws that impose greater restrictions say registries allow members of the public to protect themselves. While some critics also agree that the worst sex offenders may need monitoring, many worry that police efforts may be hindered by the lists’ inclusion of the names of lesser sex criminals.

Opponents of expanded registries say the public shame that offenders face can increase the chance that they will commit another offense. The Association for the Treatment of Sexual Abusers reports that offenders who lose jobs, family and friends have less reason to change crime patterns, making rehabilitation much more difficult. It will be interesting to see if any changes to the federal sex offender registry stem from this debate. If you have been accused of a sex offense, contact the best sex crimes lawyer in West Palm.

Woman Seriously Injured After Being Hit By Semi-Truck

Semi-trucks are extremely large and powerful vehicles. Because of this, truck accidents frequently result in serious injury or even death. In a recent Florida crash, a woman was severely injured when she was hit by a semi-truck after stopping her vehicle near the highway.

According to the Florida Highway Patrol, the accident took place last week on Interstate 75 when a woman pulled her vehicle into the emergency lane. The woman reportedly got out of her car as a semi-truck was approaching in the lane closest to her.

Officials say the woman stepped over the white line that marks the edge of the outside lane. The semi-truck driver said he saw the woman, and she appeared to be preparing to enter the highway lane he was in. The driver reported that the woman ran into the lane, turned her back to the truck and kept moving forward. He says he could not move into a different lane because cars were in the way. He eventually struck the woman.

Other nearby vehicles saw the accident, and a few stopped to help the woman. They found her lying unconscious in the road. Members of Marion County Fire Rescue responded to the accident. The woman was airlifted to a hospital for treatment. She is said to be in critical condition.

This accident illustrates the powerful impact that semi-trucks can have on pedestrians or smaller vehicles. It is important for all Florida drivers to take precautions when driving so as to prevent serious car accidents.  Regardless of where you are, personal injuries can still happen to you, especially on the highway. If you’re located in central Louisiana, please don’t hesitate to reach out to your reliable Alexandria personal injury lawyers.

Failure to yield leaves Georgia man hospitalized after car crash

Motor vehicle accidents in Richmond County and elsewhere can happen in the blink of an eye. Fortunately, the law does allow for victims of car accidents to collect compensation for their personal injuries, but that may prove to be of only small consolation to the friends and family members of one who is injured or killed in an accident.

That is almost certainly true for one Georgia family that received tragic news late last month.

A man who was once the lawyer for James Brown was involved in an accident on Highway 171. According to a local news report, his truck struck the left side of a log-truck, causing his car to crash. The impact of the collision was so severe that he had to be airlifted to an Augusta hospital.

Troopers for the Georgia State Patrol charged the log-truck driver with a failure to yield. That may prove important for the injured man if he chooses to file a civil claim for personal injury against the driver. By filing such a claim, he may be able to collect compensation for his medical expenses as well as for his pain and suffering.

When victims are injured in a car accident through no fault of their own, they deserve compensation for their personal injuries. Like roads and highways anywhere, one cannot always account for the actions of other drivers in Richmond County.

By providing a mechanism to ensure that the at-fault driver is held responsible for a failure to drive with a due regard to the safety of others, victims are ensured that should they be injured in a car accident, they need not suffer financially. Contact a DUI defense lawyer in Boynton for more information.

 

 

Number of distracted driving accidents in Florida and elsewhere underreported

Last week we wrote about how the spread of smartphone use and smartphone application use is starting to contribute to the number of distracted driving car accidents. While we all know that distracted driving is a major cause of car crashes in Florida, the true extent of the distracted driving problem is unknown. Accurate distracted driving figures are currently hard to come by and traffic safety officials believe the number of distracted driving accidents is probably underreported.

Even though the collection of accurate information is difficult, distracted driving is on the rise. According to the National Highway Traffic Safety Administration, around 5,400 people were killed in distracted driving accidents in 2009 and among those accidents almost 1,000 were related to cell phone use. In addition, as the number of highway fatalities decrease in the United States the percentage of distracted driving fatalities increases. In 2005, distracted driving accounted for 10 percent of highway fatalities and in 2009 distracted driving accounted for 16 percent.

As distracted driving accidents trend upwards, the available statistics are probably only the tip of the iceberg. Data collection for car accidents begins with police reports, and police reports are entered into large federal databases where private analysts, university analysts and agency analysts use the information to develop policy. Police reports and findings from an Orlando drug possession attorney differ from jurisdiction to jurisdiction, and the depth of an investigation may depend on the seriousness of the accident. Therefore there is a range in distracted driving accident information from no record to records that are overly detailed that are hard to standardize for database purposes.

The lack of uniform police reports results in poor information on distracted driving. Guidelines exist to help standardize crash information, but the guidelines are only voluntary, not supported by many car accident lawyers in Melville. Either way, we know distracted driving is dangerous and motorists should use their phones when not behind the wheel.

Settling IRS Tax Debt Through Mediation in New Jersey

When dealing with tax issues, mediation and other alternative dispute resolution methods are well on their way toward replacing much, if not all, of tax law litigation as it now exists. The reasons for this trend are clear and most IRS tax lawyers in NJ will agree that mediation offers several distinct advantages over traditional litigation.

IRS tax mediation is quite often less expensive for the parties involved since it limits the amount of time that the courts and the lawyers have to spend deciding issues later on.

It also gives you a lot more control and satisfaction concerning issues like assets, wage garnishment, and payments, than you would have if you simply left it up to the court to decide.

Another benefit of mediation is that it often takes considerably less time for a mediation settlement to be approved than for a traditional case to make its way through the court. This means that your tax case o can be finalized faster so that you can move on with your life.

 

How to Find the Best Car Accident Attorney After an Accident

Car accident attorneys are expected to provide exceptional legal services to those who have been injured, harmed, or killed at the hands of another. Well-established car accident lawyers have seen the toll a serious injury can take on an accident victim. The mission of these attorneys is to provide those people with the representation they need to successfully file a claim against the negligent party and recover damages for their injuries.

When looking for a Baton Rogue car accident attorney, you want someone who prides themselves in putting the best case forward and going to extra mile to help their clients. The best law firms utilize focus groups and sometimes mock trials to prepare the best case for trial. They will often do asset checks on the defendants to see if they have the ability to pay beyond the insurance limits. Additionally, they assist clients in securing pre-settlement funding to take off some of the financial strain of medical bills and lost wages during the pendency of the claim.

It’s important for all injury and accident victims to find an attorney they can trust to handle their cases with the utmost professionalism and care. Make sure your attorney has been providing car accident representation for several years and understands what is required to ensure you recover the compensation you deserve. Experienced car accident attorneys have the knowledge, resources, and experience in handling all types of accident cases.

Get Started With Your Search

Regardless of how difficult or complex your case may be, there is an attorney out there who can help. Regardless of whether or not you think you even have a case, it’s worth speaking to a car accident attorney about. When you go in for a consultation, they will review your case, go over the options, as well as assist you with taking the appropriate legal action. They are there to help you get through a difficult time in your life, and advocate on your behalf in the courtroom.

After an accident, you have been through a lot emotionally, physically, and financially. By hiring an attorney, they can provide you with the guidance and representation you need to recover as much compensation as possible, so you can focus on healing and getting better, instead of worrying about the economic toll your accident has taken on your life.

If you are an accident or injury victim, find an accident injury attorney with a solid base of experience and skill to help you file a claim and recover the compensation you deserve. Make sure they have been able to help others successfully recover large settlements for their injuries by checking their online reviews. Finally, start calling to set a consultation with a couple attorneys you like most and pick the one you trust.

Anti-Piracy and Criminal Law

In addition to Information Security issues, our group also designs, develops and implements comprehensive Internet enforcement and compliance programs to combat the infringement and theft of companies’ intellectual property on the Internet and the abuse of Internet resources. Our goal is to help clients investigate, mitigate and deter losses from unlawful online activity, including the marketing and sale of pirated or counterfeit goods. To accomplish this mission, we conduct Internet investigations, pursue litigation and implement unique non-traditional pre-litigation strategies. All of these measures are designed to identify and recover clients’ losses and deter future misconduct with maximum efficiency.

Anti-Piracy

  • Devising and executing Anti-Piracy strategies to protect clients’ intellectual property, including conducting Internet investigations, pursuing litigation under the DMCA, Copyright Act and Lanham Act and creating unique non-traditional solutions to deter piracy.
  • Using the group’s network of computer crime prosecutors to make criminal referrals of online intellectual property violations.
  • Using the DMCA subpoena power and notice and takedown provisions to identify infringers and remove infringing content.
  • Conducting online auction monitoring and enforcement to identify, recover and deter losses from auction-related intellectual property violations.
  • Making undercover purchases of pirated and counterfeit goods to develop evidence against target defendants.
  • Representing clients before Congress and federal agencies, and tracking and commenting on U.S. and Canadian legislation concerning piracy of intellectual property by John D. & Eric G. Johnson Law Firm, L.L.C..

Spam

  • Devising and implementing comprehensive anti-spam investigation and enforcement programs for corporations and e-mail service providers.
  • Advising clients on permissible electronic mail marketing practices.