Recently, a driver struck one of the medical buildings at Regional Medical Center of San Jose so hard that the building's integrity had to be checked. The driver of the vehicle was not on the scene when the authorities arrived. The hit-and-run crash reportedly happened in the early-morning hours, a...
Sometimes, divorce is inevitable, and it can happen for a variety of reasons. But a recent study linked divorce to something you might not have thought of before: what your spouse thinks about your friends. The study looked at the relationships of 355 heterosexual couples. It was published in the J...
EnterAny traumatic event can bring about symptoms of post-traumatic stress disorder (PTSD), and an auto accident is no exception. If you're suffering from PTSD after a car accident, it is possible to pursue damages through an insurance claim or personal injury lawsuit. Bringing in an Expert Because ...
Marriage is one of the most joyous events in life. Most assume that they will be married forever. However, unfortunately, some marriages do not end up working. For some, divorce ends up being the only option. When children are born of the marriage, it can definitely make the divorce more complicated...
Walking down the road—or simply crossing it—should not be the most dangerous thing you do during the day. However, the sad reality is that it easily can be. Between distracted and impaired drivers and those who don't carefully check their blind spots, you could be in danger every time you leave the...
1. To Express Your Thoughts and OpinionsYou have something to say, and blogs provide a place to say it and be heard. 2. To Market or Promote SomethingBlogging is a great way to help market or promote yourself or your business, product or service. 3. To Help PeopleMany blogs are written to help peopl...
Reckless driving is at the top of the list when it comes to what causes most traffic accidents. Recently, vehicles along Interstate 95 South witnessed a three-vehicle crash that left one dead and more injured. A man from Peabody was killed during the crash while at least four others, including a ch...
Property lawyers in the UK are in a high demand for fulfilling the conveyancing needs of the real estate owners. As you know that the ownership rights in the UK are highly cumbersome, the people are more interested in taking the services of the dedicated law firms. Indeed, your property lawyer will ...
Most employees tend to avoid lawyers even when they have been injured on the job and are worried stiff about their future. True, the legal process is not always easy to conceive. However, the workman's compensation lawyers Macon are a helpful lot and will charge you no fees until you receive the ben...
If no agreement is reached soon, the Justice Department plans to file a civil lawsuit against Fiat Chrysler Automobiles NV because of excess diesel vehicle emissions. In January, the Environmental Protection Agency (EPA) accused Fiat Chrysler of illegally using undisclosed software to allow diesel ...
You may have heard that if you're pulled over by a police officer in Pennsylvania, you are not legally required to comply with every request or demand. But what if the officer asks you to get out of your vehicle? Supreme Court rulings held that an officer who pulls you over for allegedly violating ...
When the safety of yourself, your family, or your home is compromised by an aggressive party or intruder, you naturally want to do anything possible to prevent that breach of safety. In this article, I'll discuss the "Castle Doctrine" and statutes in Pennsylvania that allow you to use force to prot...
As an attorney in Summerville, South Carolina, I help clients untangle the process of probate. This includes proving a will's validity if it exists, appointing an administrator for the decedent's estate if no will exists, appraising property, paying debts, and distributing remaining property accordi...
As a probate attorney in Summerville, South Carolina, I know that estate planning and probate matters can be complex and intimidating. Indeed, the probate process may be complicated based on the planning documents prepared, the size of the deceased person's estate, and the type of assets in questio...
As personal injury attorneys in Rock Hill, South Carolina, we know that even some of the most common legal encounters, such as routine traffic stops, can raise questions. For example, anyone who has watched a crime drama on television has heard police issue the warning, "You have the right to remain silent," to a suspect. But does this right apply during a traffic stop?If a police officer stops a driver on the road, it is because of a perceived criminal or civil infraction. A traffic stop allows the officer to investigate the possible offense, collect information (including driver's license and vehicle registration), and issue citations as necessary. It is unconstitutional (Delaware v. Prouse, 1979) for an officer to stop a vehicle for the sole purpose of checking documents, so if you are stopped by the police, you can assume that the officer suspects you of an infraction.With this in mind, many drivers are tempted to invoke their Fifth Amendment right to remain silent in order to avoid making self-incriminating statements. According to the ACLU, both drivers and passengers do have the right to remain silent during a traffic stop. Neither police officers nor prosecutors may use a person's silence in this situation to assume of guilt. However, if the officer perceives your silence as resisting arrest or obstructing his/her duties, it may become reasonable suspicion and lead to further detainment or a search of your person or vehicle. If you choose to invoke your right to silence during a traffic stop, make this clear to the officer by stating so aloud. You might say, "I invoke my Fifth Amendment right to avoid self-incrimination," or "I would prefer to speak with my attorney before saying anything else."In short, drivers in South Carolina do have the right to remain silent during a traffic stop, but it may not be the best course of action. If you have been stopped by the police while driving and have questions about your rights, contact the experienced attorneys at Lewis Law Firm today. If your rights have been violated, or if you would like to build a defense before appearing in court for a traffic infraction, we can help you take your next step in the right direction.
Smartphone technology is still an imperfect science. For all that we're now able to do, software and hardware alike are both still far from infallible. This is an unfortunate lesson one babysitter was tragically forced to learn first-hand after she was unable to reach 911 due to a T-Mobile glitch. A...
Swedish waste management company Renova is working with Volvo Trucks to create the very first autonomous garbage truck. It's part of an effort to make garbage collection safer and more efficient. Removing human error from the equation could help keep other drivers and pedestrians safe from garbage t...
In an earlier post, we addressed marijuana use and touched on drug testing policies in the workplace. While having a drug testing policy is required of some employers and merely suggested for others, enacting the policy is properly is crucial to the ensuring the company’s employees and clients are safe and that the company is protecting itself from liability as best it can.Why Test for Drugs and Alcohol in the Workplace?Drug and alcohol testing can prevent the hiring or continued employment of people in safety-sensitive or security-sensitive positions who may harm themselves or others if using or abusing drugs or alcohol. Some insurance companies may require drug and alcohol testing policies to offer liability insurance policies to businesses. If a business is a certified South Carolina drug-free workplace, it may be eligible for a 5% credit on worker’s compensation insurance premiums. Drug-free workplaces can see a reduction in absenteeism, accidents, theft, and employee turnover.Who to Test for Drugs in the Workplace?A drug testing policy must be made clear to all employees in writing and must be administered without discrimination as to race, sex, religion or other protected class. Anyone who is employed could be eligible for drug screening, especially those who carry firearms, who are healthcare workers with direct responsibility for patients’ care, who operate or repair passenger vehicles, or whose primary duty is to drive a vehicle. A business may randomly test for drugs or may test an employee if reasonable suspicion arises that an employee is using or abusing drugs or alcohol. If testing because of a reasonable suspicion, an employer should document specific objective facts that raised their suspicion prior to testing, including: A pattern of erratic behavior; Direct observation of drug use; An arrest or conviction for a drug charge; or Information that an employee has caused or contributed to an accident while at work.How to Test for Drugs in the WorkplaceNot just anyone can administer or interpret a drug test. The lab where the sample is taken and tested should be certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) of the US Government. Many laboratories are available for employers, but not all of them are certified or accredited by the SAMHSA. The drug test administered must be an evidentiary test, not a medical test. Positive drug tests should be confirmed by gas chromatography or a more accurate test. The test results must be interpreted by a licensed medical review officer (MRO). A MRO is a physician who interprets and evaluates the employee’s test in conjunction with the employee’s medical history and any other information that may explain a positive test result. A licensed MRO has been trained and certified in drug testing analysis. He or she will verify and approve a certified laboratory drug test result by signing it.Once a specimen is taken, it is sent to the laboratory for an initial screening. If the results are positive for any substances, then the specimen is tested again (a confirmation test). The confirmation test is then forwarded to the MRO for interpretation, analysis, and approval.What to Do with the Results of Drug TestingDrug tests should be kept in an employee’s file for three to five years after they were conducted. Positive drug tests should not be reported or released outside the employee’s file except where required by law. Some workers’ compensation laws require reporting. Otherwise, results of drug tests administered by employers are confidential.How to Create Policies and Procedures for Drug TestingTo ensure a company is protecting its employees, clients and itself, drug and alcohol testing policies and procedures must follow the law and be specific in their administration and consequences. Contact an experienced employment lawyer at Gignilliat, Savitz & Bettis LLP for counsel in setting up the best policies and procedures for your business.
As a criminal defense attorney in North Charleston, South Carolina, I work with clients facing alcohol-related charges to untangle the language and consequences surrounding DUI and DUAC. This article provides information about regulations, penalties, and criminal defense for those charges.South Caro...
For most cyclists being able to take your bike on the roads is more than just a mode of transport, it's a lifestyle that comes with many different rewarding experiences for those lucky enough to appreciate it. Unfortunately cycling comes with its fair share of ever increasing risks. Where more and m...
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