Houston Auto Accident Lawyer

Auto accidents account for the vast majority of personal injury claims in the US. After being involved in an auto accident most people aren’t sure what steps they should take immediately following the accident and in the days after.

The first thing to consider if you’ve been involved in an auto accident is the statute of limitations. This will vary among states and in Texas specifically, you have two years to file a case related to your accident. This two-year time limit begins the date of the accident, but it only applies to cases filed in court. For this reason it is important to file insurance claims as soon as possible – if negotiations or settlements break down along the way, you still have time to pursue damages through court. This two-year limitation doesn’t apply if a government entity was involved in the crash – for auto accidents which involve the government (say, an accident involving a public bus or unsafe public property) you have as little as 60-90 days to file an “administrative claim”. Even in a situation where a government entity was involved but didn’t seem to be at fault, it is important to file a claim as they might be more liable than you realize.

It’s important to consider who is at fault, as there are likely more parties involved than you realize. Perhaps there was a mechanical failure of the car which hit you; this would assume the automaker, and possibly auto part maker, are also at fault. Perhaps there was a large pothole which caused the other car to lose control; a situation like this might determine the government partially at fault for not maintaining road safety. It’s difficult to know who’s involved if you don’t have extensive knowledge of personal injury cases involving auto accidents and seeing the outcomes; this is why it’s always wise to consult with an attorney immediately following an accident.

The way fault is determined in Texas is also important to understand, as each state’s Comparative Fault laws will differ. Texas uses a modified comparative fault rule to determine how damages are awarded to injured parties, assuming that there isn’t only one party who is 100% responsible. For example, if you are seeking $100,000 in damages but the court determined the accident was 10% your fault, you will be awarded $90,000 (damages- %fault =award). Texas’s modified comparative fault law doesn’t apply if you are found to be 50% or more at fault, however; if you are 50% or more at fault, you won’t receive any award at all. This is why it is a “modified” comparative fault rule, as opposed to a “pure” comparative fault rule.

There is a lot to consider if you’ve been involved in an auto accident. Knowing when to file certain types of claims, how to file them, who all the involved parties are, and everything to include in your case can be very confusing, and is often done wrong. For example, administrative claims filed against the government are often dropped because the claimant didn’t include some necessary information. For these reasons it is always wise to consult with an experienced attorney. Contact The Salazar Law Firm for a free case evaluation if you or someone you know has been involved in an auto accident.

Arkansas's highest court keeps executions on hold, for now

The Arkansas Supreme Court ruled Tuesday that a lower-court judge overstepped his jurisdiction by halting the executions of eight death row inmates. But the high court immediately granted its own stay to give the inmates time to challenge a law that allows the state not to disclose where it gets its execution drugs.

The justices sided with the state in agreeing to toss a ruling made earlier this month by Pulaski County Circuit Judge Wendell Griffen. Still, Attorney General Leslie Rutledge said she was disappointed that the executions, the first of which was scheduled for this week, remained on hold.

"While the Supreme Court's decision is not about the merits of the case, it is unfortunate that this further delays justice for the victims. I will continue to defend Arkansas's lethal injection statute and fight for the victims and their grieving families," Rutledge wrote in a statement Tuesday.

Griffen had temporarily halted all of the state's executions, which were scheduled through January. He also set a hearing for March, and the Supreme Court didn't grant the state's request to order Griffen to adopt a faster timetable.

The prisoners are challenging the constitutionality of the state's new secrecy law, saying they need the information on where the state's execution drugs were made and how to determine whether they will lead to cruel and unusual punishment.

The inmates' attorneys also argued that the state agreed to tell the inmates that information as part of a previous settlement agreement in a different lawsuit. The state has said that agreement is not a binding contract.

Breathalyzer Tests and DUI in Florida

Breathalyzer tests have become a standard way that officers measure the blood-alcohol level of a suspect. While the traditional tests are still used alongside a breathalyzer, the breathalyzer results are going to be one of the strongest pieces of evidence against you when evaluating your DUI case. Let’s start covering how you can possibly fight this by exploring how these results are even determined.

A breathlyzer’s goal is to determine the amount of alcohol in your blood stream. For obvious reasons, it is impractical to draw and test blood at a traffic stop, which would give the most direct results. However, breathalyzer technology actually measures the concentration of alcohol in the alveolar air and uses this figure to determine the concentration in a suspect’s blood stream. As the alcohol you’ve consumed passes through the lungs, some is evaporated into the air sacs (alveoli) and this is referred to as alveolar air, and has a direct correlation with the blood-alcohol level.

There are 3 main types of breathalyzers that are used, and each will measure the amount of alcohol present in different ways. There is the standard breathalyzer, the intoxilyzer, and the alcosensor. The breathalyzer and alcosensor rely on chemical reactions to make a determination, whereas the intoxylizer uses infrared light. Most areas in Florida will use the intoxylizer to administer breathalyzer tests. Generally speaking, all three are accepted as standard breathalyzer devices and are recognized as reliable. However, the smaller devices that are used at traffic stops need to be calibrated and administered in certain ways, and often times courts will reject these occurrences as evidence. Instead, because of the multiple ways an officer can incorrectly administer a test at a traffic stop, a more reliable breathalyzer is often used at the jail, and the results of this are thought to be far more trustworthy when determining a conviction.

There are ways to invalidate a DUI offense that most people haven’t considered. Was there a legal reason the officer stopped you? Did the testing procedure follow Federal guidelines? Do you have a medical condition that might cause a false reading? Was the breathalyzer equipment used functioning properly? Was the test analyzed properly? Cases have been overturned through exposing errors in record keeping or the computer programs which run breathalyzer tests. Cultivating this kind of defense can be tricky and confusing for many people, so we always recommend discussing your case with a certified attorney. A skilled defense attorney might even subpoena the maintenance & calibration records of the device used, if applicable to your unique situation. To discuss your case and the possibility of dismissal, contact The Law Office of Jerry Jenkins and fill out a free case evaluation request. Read more about breathalyzer tests and DUI in Florida here.

Supreme Court to review European suit against R.J. Reynolds

The Supreme Court will decide whether the European Union can pursue its lawsuit claiming that tobacco company R.J. Reynolds sponsored cigarette smuggling in Europe as part of a global money-laundering scheme with organized crime groups.

The justices agreed Thursday to review an appeals court ruling that said the EU and 26 of its member states were within their rights to sue in U.S. courts under federal racketeering laws.

The suit alleges that RJR directed, managed and controlled the scheme that involved laundering money through New York-based financial institutions.

A federal judge threw out the claims, but a three-judge panel of the 2nd U.S. Circuit Court of Appeals ruled last year that racketeering laws can apply to crimes committed in foreign countries.

The EU alleges that RJR orchestrated the scheme with the help of Colombian and Russian criminal groups and that the company laundered money through New York-based financial institutions. The EU claims the company's actions hurt the economies of EU member nations by depriving governments of tax revenues.

The suit alleges several violations of racketeering laws, including mail fraud, wire fraud, money laundering, violations of the Travel Act and laws banning material support to foreign terrorist organizations.

The company calls the claims baseless. R.J. Reynolds Tobacco Co. is a subsidiary of Winston-Salem, North Carolina-based Reynolds American Inc.

Securities Attorneys Representing Clients in Florida and Nationwide

Securities are the financial instruments that represent a form of ownership or stake in a company. Securities allow individuals to own asset(s) without taking possession of them. Because of this, securities can be exchanged easily. In addition to this, pricing securities is not difficult which is why they are a strong indicator of the value of the asset. In order to purchase or sell securities, a trader must obtain a license to ensure they have been trained to follow a set of laws established by the SEC (Securities and Exchange Commission). Despite the regulatory agencies and laws in effect, fraud is still widespread. Fraud is an “umbrella term” that encompasses a wide range of deceptive and manipulative practices utilized by perpetrators to profit at the expense of the investor(s).

 

Types of securities:

Bonds, which can be issued by corporations or the government (Federal/Local).

A corporate bond is essentially a loan to a corporate entity in which you receive interest annually until the loan is paid off. Corporate bonds offer stability and are considered safer than stock in a company. Bondholders do not get dividends or voting rights which is why in the long haul, stocks have the potential for larger returns.

A bond issued by the federal government is very low in terms of risk and most frequently issued by the US Treasury. The potential for return is significantly lower than stocks or bonds issued by corporate entities.

A municipal bond is issued by state and local government. These include a city, county, town or school district. Typically,the rate of interest is lower than that of a bond issued by a corporation.

Mutual Funds , which are composed of a variety of securities.

A mutual fund can be stock options, bonds or both. In most cases, the investment is placed in a pool with monies from other investors. The fund is managed by an investment company, who selects the securities. The risk of the investment is reduced due to the diversity of the portfolio.

Stock Options

The right to purchase or sell stock in a company, at a specific rate for a window of time. The right to purchase stock is referred to as a call, the right to sell is called a “put”.

Futures Option

A futures contract is an agreement to sell a certain security in the future for a pre-determined rate. An option is the right to purchase or sell a contract at a certain price for a specified period of time. Since it used to reduce risk, a futures option is utilized by many investors.

 

History of Regulation

The regulation of Securities in the United States dates back to the 1930’s when the New Deal was passed. In the 1930’s & 40’s, five major laws were put into place by the Federal Government.

• Securities Act of 1933 a regulation on the distribution of new securities
• Securities Exchange Act of 1934- regulation of trading securities , brokers & exchanges
• Trust Indenture Act of 1939- regulation of debt securities
• Investment Company Act of 1940- regulating mutual funds
• Investment Advisers Act of 1940- regulation of investment advisers

Since the 1940’s a number of amendments have been made to these regulations in order to promote fair trade and enforce illegitimate/illegal practices. These major laws also serve to protect investors, ensuring they are adequately informed at the time of purchase.

While many measures are in place to reduce risk, it is still inherent, especially when dealing with non-governmental entities. Educating yourself on the common practices of Fraudsters can help you identify red flags when it comes time to invest your hard earned money. While often, fraudsters target vulnerable investors, savvy, educated people are still victimized.

Florida Based Law Firm Place & Hanley have represented thousands of clients nationwide and represent individual investors in claims for securities and stockbroker misconduct. If you’ve suffered monetary loss due to misconduct or believe your investment was mishandled, contact us for a Free Case Evaluation. View the original article at The Law Offices of Place and Hanley.

US court upholds Oklahoma death row inmate's sentence

A divided federal appeals court panel upheld the murder convictions and death sentence Tuesday of a 54-year-old man who went on a multistate crime spree in 2003.

The 10th U.S. Circuit Court of Appeals voted 2-1 to affirm the death sentence of Scott Eizember, who received the punishment after his first-degree murder conviction in the Oct. 18, 2003, bludgeoning death of A.J. Cantrell, 76. Eizember was also found guilty of second-degree murder in the shooting of Patsy Cantrell, 70, for which he received 150 years in prison, as well as a variety of other charges.   

On appeal, Eizember alleged that the trial court allowed two jurors who he alleged were "impermissibly biased in favor of the death penalty," thus "depriving him of trial by an impartial jury and due process in violation of the Sixth and Fourteenth Amendments."

The court agreed with the Oklahoma Court of Criminal Appeals and a federal district judge in rejecting Eizember's claims.

Eizember was the focus of an intense manhunt following the shootings in rural Depew but eluded authorities for 37 days. He was discovered that November by a 75-year-old volunteer at a church, but then stole the volunteer's vehicle, which he abandoned near Waldron, Arkansas.

He was captured later that day outside Lufkin, Texas, after kidnapping an Arkansas physician and his wife, holding them at gunpoint for six hours and forcing them to drive. The physician eventually shot Eizember four times. Eizember was convicted of kidnapping, carjacking and using a firearm in a crime of violence in Arkansas and was sentenced 25 years in federal prison.

In a 30-page dissenting opinion, Chief Judge Mary Beck Briscoe wrote that she would affirm Eizember's convictions "but reverse his death sentence and remand for resentencing before a fair and impartial jury."

DUI Penalties in Orlando and Florida

A DUI in the State of Florida is defined as an offense in which the operator of a motor vehicle has a blood alcohol level greater than or equal to .08. The manner in which the offense is proven may vary, but once convicted, offenders are subject to the same penalties.

 

First Time DUI Offenders

A 1st conviction results in the impoundment or immobilization of the vehicle. The exception, being if the defendant's family has no other means of transportation. The impoundment or immobilization shall not occur at the same time as incarceration. If the vehicle is operated solely by the employees of the defendant or by a business owned by the defendant, the court may dismiss the order of impoundment.
Additionally, the drivers license of the offender will be revoked for a minimum period of 180 days and a maximum of 1 year.
The minimum fine imposed is $500 and the the maximum, $1000. For offenders whose blood alcohol level is equal to or greater than .15, a minimum fine of $1000 is imposed and the fine should not exceed $2,000. In addition to the fine, offenders receive 50 hours of mandatory community service or an additional fine of $10 for each hour of service required.
The total period of incarceration or probation for first time offenders shall not exceed 1 year. The sentence can be served at a residential alcohol and drug abuse treatment program at the discretion of the court. This is credited towards the term of imprisonment. For offenders with no prior convictions and a blood alcohol level less than .15, imprisonment shall last no longer than 6 months. Offenders with no prior convictions whose blood alcohol exceeds .15 or had a minor in the vehicle at the time of the offense, imprisonment shall not exceed a period of 9 months.

 

Second DUI Conviction

If the Second Conviction is within 5 years of the first, the drivers vehicle shall be impounded for a period of 30 days. The person may be imprisoned for up to 9 months and if their blood alcohol level was greater than .15 or they had a minor in the vehicle, no more than 12 months. Regardless, a second conviction within 5 years of the first results in mandatory imprisonment for 10 days in which 2 days of the imprisonment must be served consecutively. As with first time offenders, the court has the discretion to credit time at an abuse treatment program towards time served. Additionally, a conviction within 5 years of the first the license of the offender is revoked for a minimum of 5 years with possible eligibility for hardship reinstatement after 1 calendar year. Fines for 2nd Convictions are as follows: minimum of $1,000 and maximum of $2,000 . If blood alcohol level exceeded .15 or a minor was in vehicle, the minimum and maximum fines are doubled to $2,000 and $4,000 respectively.

 

Third DUI Conviction

If the Third Conviction is within 10 years of the second, the drivers vehicle shall be impounded for a period of 90 days. The driver is also charged with a Felony DUI. As with 1st and 2nd Convictions, impounded must not occur simultaneously with incarceration, in which a mandatory imprisonment of 30 days is served, with 2 days of consecutive time served. Additionally, the license of the offender is revoked for a minimum of 10 years, with the eligibility for hardship reinstatement after 2 years. If the conviction was more than 10 years after the previous conviction, imprisonment shall not last more than 12 months. The fines for 3rd convictions more than 10 years from the 2nd conviction are no less than $2,000 and no more than $5,000. If the blood alcohol level was greater than .15 or a minor was in the vehicle at the time of the offense, a minimum fine of $4,000 is imposed.

 

Fourth and Subsequent DUI Convictions

Offenders are categorized by the State of Florida as habitual/violent offenders and the penalties are significantly steeper, with the mandatory permanent revocation of the license and the possibility of up to 5 years of incarceration.

 

Additional Charges

There a number of circumstances in which additional charges are brought upon the offender, for which additional punishment is probable. Cases involving accidents that result in property damage, bodily injury or death, carry stiffer penalties. Offenders being charged with vehicular homicide or manslaughter can be sentenced to up to 15 years in prison and 30 years in prison if they left the scene of the accident. The fines under these conditions shall not exceed $10,000.

 

Summing it Up

DUI Penalties are dependent on a number of conditions including but not limited to:

• The record of the driver
• Whether any other crimes were committed in the process
• The blood alcohol level of the driver
• Compliance with hardship reinstatement policies (ie: Fines,Alcohol Programs, Interlock Device)
• The presence of a minor in the vehicle
• The age of the Driver: Were they of legal drinking age?

 

DUI offenses are time consuming and require immediate action. Visit The Law Office of Jerry Jenkins to learn more about DUI penalties in Florida.