California Appellate Court Delivers a Blow to Margin of Error Arguments in DUI Breath Cases

In the case of Borger vs DMV, the Court last week ruled that a statute (in this case VC 13353.2) says that you can't drive with a blood alcohol content of .08 or more. Here, where a breath test says that your number is .08 or above, that creates a rebuttable presumption that you've violated the law.  The driver in this case got  stopped by the police and blew .08 on an intoxilyzer 5000. An expert toxicologist testified  that the particular test used here has a range of .02; in other words, that someone who blows a .08 might actually have a .06 (or .10). The trial court gave credibility to the expert's testimony and, on that basis, concludes that there's insufficient evidence that the guy actually drove with .08 or more.  The Court of Appeal  however reverses. It holds that since the regulations allow the particular testing device used here, to hold otherwise would conflict with this approval and require everyone to essentially blow a .10 percent rather than a .08 percent.  The lesson learned from this case is that there needs to be more evidence presented than just a mere blanket assertion that the machine has a margin of error, this might be some specific evidence of error from the lab, specific studies related to the device, usage logs and other documents obtained through discovery, just to name a few.

Can a Rental Car Company Refuse to Rent a Car to Someone with a DUI?

The answer to this question depends on two primary factors 1) Does the person have a valid license at the time of the request to rent, and 2) Does the person appear to be free from any present signs of impairment or signs of physical or mental incompetence?  If the answer to both of these questions is yes, then the rental company is not prevented by law to rent the licensee a vehicle, according to Matthew Ruff, a prominent DUI Attorney in California.  The California Appellate Court held in Flores vs. Enterprise Rent a Car, that a rental car company cannot be held liable for renting a car to someone with a pending DUI or prior DUI convictions.  As long as they have a valid license at the time and are not impaired they are legally able to rent a vehicle to the person. 

What about renting a car with the "temporary license" issued following a DUI arrest?  A temporary is as good as any other type of drivers license, use it in conjunction with a photo I.D. and there should be no problem.  The bottom line is that the Vehicle Code does not require the Rental Car Company to do anything more than verify that the prospective driver has a valid license and is not showing signs of being under the influence at the time. Prior DUI convictions or a pending DUI case are not per se a reason to decline a rental.  In many instances, the rent a car company will confirm the validity of the applicant's license with the DMV prior to releasing the car. Therefore, the "pink piece of paper" issued as a license after a DUI arrest should and indeed must suffice as a valid license to rent a car.

Divorce Mediators Miami -- How To Work With A Divorce

Divorce Mediators Miami -- How To Work With A Divorce Mediator

Divorce mediation is very quickly becoming a viable alternative to the usual practice of letting the courts battle it out for you. Here's what to expect when dealing with a divorce mediator.a

What A Divorce Mediator Doesoes


First of all, it's a myth that divorce mediators are out to get you and your spouse back together. somekeyword are not marriage counselors. Their focus is to make the divorce happen, according to your wishes and your spouse's, as quickly and as amicably as possible.

To achieve this goal, somekeyword approach the negotiations with impartiality. They sit down with you and your spouse -- in different rooms if necessary -- and take close account of your needs and expectations from the divorce. Then, taking into account Florida's state laws on divorce, your mediator works out a compromise that both you and your spouse can agree with.

After your mediator drafts a compromise, it gets forwarded to your own personal attorney (and your spouse's) for inspection. If everything is found in order, the compromise is forwarded to the courts to be finalized and carried out. On average, divorce mediation can save up to a year of your time.

The Advantages Of Divorce Mediation

The first advantage of divorce mediation is that it saves time. When you let your attorneys battle it out in court, you could be looking at up to 2 years or more before reaching a conclusion -- and even then, there's no guarantee of you going back to court later.

On the other hand, divorce mediation can help you and your spouse reach a conclusion in only 3 months. And since there's no battling done, you're more likely to be happy with the compromise, and get on with your lives soon after.

The second advantage of divorce mediation is that it saves money. I'm sure you've heard stories of people spending up to $20,000 or more EACH throughout the divorce process, and not reaching a good enough compromise in the end. With mediation, you stand to spend only around $3,000.

And finally, divorce mediation is not confrontational. Since your mediator focuses only on helping you and your spouse reach an amicable compromise, you can part ways on good terms. In fact, most couples who go through divorce mediation report living happier lives and raising happier kids after the divorce. And best of all, they remain friends with their ex-spouses.

How To Find Divorce Mediator In Miami

If you're in Miami, then the most important thing to do is to find somekeyword. It's always best to find a locally-based divorce mediator, since they'll need to be familiar with Florida's state laws on divorce.

So go ahead -- find a divorce mediator who can help you and your spouse reach that elusive amicable compromise. It's best for your future -- you get to move on quickly, and your kids will continue to have parents to look up to as they grow up.

Outrageous Dui Arrests Five Of The Best

Police pulling over a guy driving a Honda Civic for swerving inside the lane is nothing unusual. Rather, it is your every day standard DUI. But what about the guy driving down the road in a golf cart? Or on a motor-bike? Or on the Ice Cleaning Machine? This article is dedicated to the outrageous DUI Arrests, the ones that make us chuckle. Without further ado, we have five of the most outrageous ways to get a DUI.

5. Riding On A Motorized Bike While Suffering From Cerebral Palsy

A relatively recent example of an absurd way to get arrested for DUI can be found in the lovely state of Utah. In which a man who suffered from cerebral palsy, and other disabilities, was stopped by the police while riding a motorized bicycle. Utah Highway Patrol trooper Lisa Steed was on patrol on October 28, 2010 when she pulled over Mike tilt for suspicious driving. The trooper decided it was necessary to initiate a DUI investigation. As she explained the field sobriety exercises that she wished Mr. Tilt to perform, Mr. Tilt advised the trooper that he would most likely fail the test because one of his legs was shorter than the other one. According to the trooper he did indeed fail the test the driver then admitted to the trooper that he did not have a drivers license; and that he had not had a driver's license for more than fifteen years because of his seizures and epilepsy.

The trooper then asked the driver if he took any medication for his epilepsy. He answered yes. She responded by handcuffing him and arrested him for a DUI.

The trooper did not charge the driver with an alcohol-based DUI. Rather, she charged him with driving under the influence of the prescription pills that he admitted to taking a daily basis. Ironically, it turns out that the driver did not take his necessary prescription pills that day, which may have led to his "suspicious" behavior.

The Utah Highway Patrol Department it appears defended the trooper's actions. They even went on to praise the trooper, who was named trooper of the year in 2007 for her arrest of drivers suspected of being under the implements. This super trooper recorded approximately 400 DUI arrests 2009 alone. How many of those arrests were of epileptics on motorized bicycles is unknown at this time.

4. Trying To Outrun a Cop While Driving a Golf Cart

Apparently, picking up a DUI in a golf cart has become quite common. Even Bill Murray, of Caddy Shack fame, has a golf cart DUI to his name. Therefore, for a golf cart DUI to earn extra points and then make it to the list, the driver must do something a little extraordinary. It appears in Iowa woman, Ms. Martin, has done just that. Ms. Martin was driving a golf cart down the road when a rapid city Iowa police officer noticed that the golf cart had no lights, and was in violation of the state's traffic code. The officer put on his emergency lights and initiated a traffic stop. According to police, the driver continued on attempting to out run the police car. Ultimately, the driver realized that her electric golf cart was no match for the six cylinder police vehicle, and she pulled her cart over.

The officer, of course, smelled alcohol on the driver's breath and tried to draw blood sample. Unsurprisingly, the woman became uncooperative. The officer had to call for backup to assist with the investigation.

3. "Driving" A Horse

A woman in Alabama went for a horseback ride through town at midnight. She had been drinking. While riding a horse through town at midnight may be somewhat of a common scenario in Alabama (or for when proclaiming the British are coming), the woman raised the ridiculousness bar by attempting to ram a police car. According to the police chief, cars were passing by the horse swerving to avoid the course, almost hitting the force. A local police officer attempted to stop. He asked the woman driver repeatedly to get off the horse but she kept trying to kick the animal to make it run. Finally, the woman rammed the police car with the horse. Realizing she had made and vital mistake, the woman jumped off the horse, only to have her foot gets stuck in the stirrups. The officer took custody of the woman and search incident to arrest found marijuana, pills, and an assortment of other drugs(big surprise).

2. On A One-Foot High Toy Bike

The state of New Jersey is the proud holder of the top two most ridiculous ways that you can get a DUI. First, a man in New Jersey was convicted, and even sentenced to jail time, for taking a drunken ride on his nephews pocket bike. The pocket bike was nothing more than a miniature motorcycle that sits less than a foot off the ground. The bike allegedly cannot exceed 20 mph. the DUI attorney for the minibike rider had argued that the bike was not a vehicle, and therefore is client did not commit a DUI. The judge disagreed, and sent the man straight to jail. The DUI attorney appealed

1. On A Zamboni At An Ice Rink

And finally, also from the State of New Jersey, the most ridiculous way to get a DUI: driving a Zamboni at an ice rink. A Zamboni is in approximately four ton ice cleaning machine used on indoor and outdoor rinks. If you have ever been to a hockey game the Zamboni is that giant ridiculous square machine that is used to bus the ice between periods. A Zamboni is not street legal and you have likely never seen a Zamboni in the lane next to you on the highway. But that has not stopped police in New Jersey and Minnesota from detaining, investigating, and arresting an individual for suspicion of driving a Zamboni under the influence. In 2005, Zamboni operator John Parragallo was charged with drunken driving after a fellow employee at his local sports arena in Morris town, New Jersey called police to report that the machine was speeding and nearly crashed into the boards. The Zamboni operator was grooming the ice during a break in a public skating session. When the police arrived, Parragallo was no longer operating the Zamboni. Nonetheless, police initiated a DUI investigation at the sports Arena, culminating with the arrest of Mr. Parragallo. Back at the police station the driver blew a.12.

Unbelievably, the state attorney in Morris town New Jersey prosecuted Mr. Parragallo for the crime of drunken driving. Mr. Parragallo fought the case. He hired DUI attorney, and fought the case in court. The case lasted for nearly two years before the judge threw the case out. The judge ruled that the four ton ice rink grooming machines are not motor vehicles under the law because they are not usable on highways and can not carry any passengers. While the previous examples in this article illustrated just how liberally most states define what constitutes a motor vehicle, apparently there is a line. And that line is drawn at the Zamboni.

Divorce Mediators Miami - How To Work With A Divorce

Divorce Mediators Miami - How To Work With A Divorce Mediator

If you're looking for divorce mediators in Miami, you've come to the right website! Divorce mediation is very quickly becoming a viable alternative to the usual practice of letting the courts battle it out for you. Here's what to expect when dealing with a divorce mediator.

What A Divorce Mediator Does


First of all, it's a myth that divorce mediators are out to get you and your spouse back together. Divorce mediators are not marriage counselors. Their focus is to make the divorce happen, according to your wishes and your spouse's, as quickly and as amicably as possible.


To achieve this goal, divorce mediators approach the negotiations with impartiality. They sit down with you and your spouse - in different rooms if necessary - and take close account of your needs and expectations from the divorce. Then, taking into account Florida's state laws on divorce, your mediator works out a compromise that both you and your spouse can agree with.


After your mediator drafts a compromise, it gets forwarded to your own personal attorney (and your spouse's) for inspection. If everything is found in order, the compromise is forwarded to the courts to be finalized and carried out. On average, divorce mediation can save up to a year of your time.


The Advantages Of Divorce Mediation


The first advantage of divorce mediation is that it saves time. When you let your attorneys battle it out in court, you could be looking at up to 2 years or more before reaching a conclusion - and even then, there's no guarantee of you going back to court later.


On the other hand, divorce mediation can help you and your spouse reach a conclusion in only 3 months. And since there's no battling done, you're more likely to be happy with the compromise, and get on with your lives soon after.


The second advantage of divorce mediation is that it saves money. I'm sure you've heard stories of people spending up to $20,000 or more EACH throughout the divorce process, and not reaching a good enough compromise in the end. With mediation, you stand to spend only around $3,000.


And finally, divorce mediation is not confrontational. Since your mediator focuses only on helping you and your spouse reach an amicable compromise, you can part ways on good terms. In fact, most couples who go through divorce mediation report living happier lives and raising happier kids after the divorce. And best of all, they remain friends with their ex-spouses.


How To Find Divorce Mediator In Miami


If you're in Miami, then the most important thing to do is to find divorce mediators in Miami. It's always best to find a locally-based divorce mediator, since they'll need to be familiar with Florida's state laws on divorce.


So go ahead -- find a divorce mediator who can help you and your spouse reach that elusive amicable compromise. It's best for your future -- you get to move on quickly, and your kids will continue to have parents to look up to as they grow up.

If you need best family mediator for cheap divorce in Miami, then Our practice specializes in Un-Contested and Contested divorce mediation. To get more details about cheap divorce Miami please visit at somekeyword

Orlando Bike accident Attorney A need for Bikers!

When finding for the best Orlando motorcycle accident attorney one can ask some recommendations from his or her acquaintances or folks to effortlessly find out who proffer with an unsurpassed legal services for injury claims. One can also decide on for online penetration where he/she can also easily uncover the preeminent and dependable Orlando attorneys that specializes cases for any injury reimbursement as well.

Many motor vehicle accidents, particularly high-speed collisions, answer in stern injuries, including bone fractures, spinal cord injuries, or a traumatic brain injury. The effects of these injuries are not always obvious until a few days following an accident. When an individual suffers from an injury as a result of a motorcycle accident, an attorney from Orlando motorcycle accident law firm will make sure that he receives the appropriate medical exams for early detection of any complex injuries, as well as treatment to prevent a more serious condition from developing.

If an individual have been injured in Orlando area as the result of motorcycle accident, it is important that he contacts an attorney who can provide him with effective legal representation. However, before contacting a lawyer, an individual would need to go through a basic set of procedures beginning at the scene of the accident. By following these measures and appropriately treating the accident and any resulting injuries, one can protect his right to seek compensation.

If one encounters a bike accident in Orlando, opting for somekeyword will let him have enhanced legal advices about Orlando road accident law. And in view of the fact that accident cases fluctuate in diverse type of situations, the case period will also vary on how the accident causes harm to the sufferer plus the attorney charges and cost as well. However, Orlando motorcycle accident attorney don't mostly charge for preliminary legal session and will only ask for fees once the injured party gets the precise reimbursement and legal injury claims.

Personal injury lawyers are experts of the law that concentrate in road accident and many other accident laws. Since there is lots of law expertise that an attorney can choose to specialize - it is very vital to find for a personal injury lawyer who specializes in cases about any catastrophe legal backing. They mostly know the finest probable way on how to hold injury cases from indemnity reimbursement and legal management recompense from the person who are responsible for the accident.

Brief Lines About Uncontested Divorce Miami

uncontested divorce Miami and somekeyword have the competence and experience to complete professional Business To get more details about Gift & Estate tax valuation and so on. Please visit our website.">There are important steps to take to protect your rights even in an uncontested divorce. While an uncontested divorce may seem easier to handle, you still want a martial settlement agreement that protects your rights, especially where children and property are concerned. However, there are many uncontested divorce Miami lawyers are helping individuals in south Florida handle every aspect of their contested divorce.

In earlier of this month, both of us decided to take divorces and contacted our family law attorney. He understands that there are a variety of factors that may lead to a divorce. And he understands that even an uncontested divorce can have an unexpected consequence for both parties. That is why uncontested divorce Miami attorney will take the time to listen to your immediate concerns and help you come up with a long term plan.


In most of the times, it is recommended that if you are going through divorce; determine what your rights are before giving them up. It is important to find out exactly what your rights and obligations are and then decide if you want to waive them. You may have rights that you did not even know about.

What is meant by an uncontested divorce Miami?

This divorce is often a flat fee divorce, where the exact price is set from the beginning of the case. Although this type of divorce approach may appear straightforward, there are a number of documents the court requires. This includes a civil cover sheet, party's information sheet, filing of social security numbers, and financial affidavits to name a few. If there are children involved, the parents will be required to attend a court approved parenting class. Depending on the age of the children and the count in which the dissolution is being filed, children may be required to attend classes as well.

Finally, a divorce may sound simple, but there are still a lot of important issues about your future that must be decided. From a martial settlement agreement to child custody concern and they believe that client's future is their number one priority. For more information and details, please do not hesitate to contact them today and find out how they can help you through the uncontested divorce Miami process.

Martonlee is an expertise person in the concept of somekeyword and somekeyword have the competence and experience to complete professional Business To get more details about Gift & Estate tax valuation and so on. Please visit our website.

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