Jachimowicz Law GroupFindLaw IM Template2024-03-15T15:08:13Zhttps://www.jachlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1401413/2019/12/cropped-favicon-32x32.jpgOn Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531402024-03-15T15:08:13Z2024-03-15T15:08:13ZPenalties
California law states that the limit for blood alcohol concentration is 0.08%. If you have a BAC at or above this limit while operating a vehicle, you could face severe penalties, especially if it is your second offense. The court takes repeat offenses more seriously and may give harsher consequences.
Penalties for a second DUI conviction may include:
Misdemeanor probation for three to five years
Fines of $390 up to nearly $2000
Second-offender DUI school that is 18-30 months in length
Ignition Interlock Device installed for one year
Jail Time from 96 hours to a maximum sentence of one year
Consequences can vary depending on the details of your case.
Potential defenses
While facing a second DUI charge can be daunting, you still have the right to defend yourself. Several potential defenses may apply to your case. You can challenge the validity of the traffic stop or arrest procedure. You can question the accuracy and reliability of the field sobriety tests. You may be able to prove that you were not driving under the influence or show that the arresting officer did not follow the correct procedures. Your defense depends on the specifics of your case.
Facing a second DUI charge in California can have serious consequences, making it essential to know your rights and options.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531352024-03-08T22:50:36Z2024-03-12T21:50:29ZRecognizing whiplash
Whiplash injuries most commonly occur in car accidents when the vehicle becomes struck from behind, causing the neck to rapidly move in a whip-like motion. The sudden force can stretch and damage the muscles, tendons and ligaments in the neck, leading to whiplash. It is important to note that whiplash can occur even in low-speed collisions.
The symptoms of whiplash may not always be immediately apparent and can vary in severity. Common symptoms include neck pain and stiffness, headaches, shoulder and upper back pain and dizziness or fatigue. Unfortunately, many people continue to suffer from whiplash and other injuries. The Centers for Disease Control and Prevention says that more than 2.1 million people received treatment in emergency departments for traffic accident injuries during 2020.
Dealing with whiplash
Proper treatment of whiplash is vital for recovery and to prevent long-term complications. Allow the neck to rest and avoid activities that may aggravate the injury. Apply ice packs to reduce swelling and pain in the first few days after the injury. Afterward, heat therapy can help relax the muscles. Over-the-counter pain medications can help alleviate discomfort and reduce inflammation.
Remember to seek medical attention if you experience persistent or worsening symptoms. Drive safely and always wear a seatbelt to reduce the risk of car accident injuries like whiplash.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531382024-03-11T19:14:41Z2024-03-12T19:14:35ZOverall scene
Begin by taking shots of the accident scene. Capture images from various angles to show how the vehicles, road conditions and any relevant signage or landmarks. Photograph skid marks on the road and debris scattered around the accident scene. These details can provide insights into the speed and direction of the vehicles involved, aiding in accident reconstruction.
Capture nearby traffic signals, stop signs or any other relevant signage. These images can help determine obedience to traffic laws and who had the right of way. Take photographs depicting the weather and lighting conditions at the time of the accident. Include shots of the sky, visibility levels and any environmental factors that may have contributed to the incident.
Vehicles
Get photos of the damage sustained by each vehicle involved. Take close-up shots of dents, scratches and other visible impairments. Capture all sides of the vehicles involved. Then, photograph the license plates of all vehicles involved.
Injuries
In 2022, motor vehicle crashes killed 42,795 people, according to the NHTSA, and many thousands more received injuries during these incidents. After an accident, document any visible injuries sustained by drivers, passengers or pedestrians.
Witnesses and emergency personnel
If possible, capture images of witnesses, emergency responders and law enforcement officers at the scene. These photos can help establish the presence of witnesses and the timely response of emergency services.
Your photographs can give investigators an overall understanding of the accident and its outcomes. This evidence can also help you with your insurance claims and legal challenges.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531332024-02-27T22:25:35Z2024-02-27T22:25:35ZEligibility criteria
To qualify for PFL, you must contribute to the State Disability Insurance program through payroll deductions. Additionally, you must be working or actively seeking employment at the time you apply. This program is available to part-time, full-time and temporary employees.
Approved leave
PFL provides eligible employees with paid time off in various situations, including:
bonding with a new child
caring for a seriously ill family member
addressing needs related to an immediate family member's military service, such as spending time together before deployment
Recognizing the diverse needs of families, the program aims to provide support during pivotal life moments.
Duration and compensation
You can receive benefit payments for up to eight weeks within a 12-month period. If eligible, you will receive partial wage replacement, ensuring financial stability during your absence. Factors such as your earnings determine compensation amounts.
Application steps
Initiating a PFL claim involves a straightforward process. Begin by completing the required forms, including the Claim for Paid Family Leave Benefits form (DE 2501F). Ensure all information is accurate and submit the application promptly to avoid delays.
Coordination with other benefits
PFL can complement the Family and Medical Leave Act and the California Family Rights Act. Leveraging multiple resources offers more comprehensive support. For example, PFL provides necessary financial assistance, but it does not guarantee job security. When you combine the benefits with job-protected leaves, you gain peace of mind that your position will be waiting for you upon your return.
Stay up-to-date on the details of the PFL program to help you effectively manage the demands of work and family life.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531312024-02-26T20:10:21Z2024-02-27T20:10:15Z1. Keep detailed records
Document discriminatory incidents without delay. Record specific details surrounding the incidents. Be sure to note the date, time, location and people involved. Make a point, too, to note any witnesses present. Describe the discriminatory actions in clear terms without exaggeration or personal opinions. These detailed records serve as evidence of the events. They can also provide valuable support if needed later on.
2. Save relevant communications
Save any emails, memos or other written communications related to the discrimination. This includes discriminatory remarks. It also includes offensive jokes or derogatory comments made by colleagues or supervisors. Keep copies of performance evaluations and job assignments that may indicate unequal treatment based on protected characteristics. Storing these communications helps build a comprehensive case of discrimination.
3. Seek support and documentation
Seek support from trusted colleagues or human resources personnel after experiencing discrimination in the workplace. Informing HR about the situation and requesting help in addressing the issue can be beneficial. During meetings or discussions about the matter, ask for written summaries or follow-up emails to document the conversation and any proposed resolutions. Having multiple sources of documentation strengthens a case.
According to CNBC, 91% of U.S. employees experience discrimination during their careers. Accurate documentation of discriminatory incidents protects employee rights. It also promotes a more respectful and inclusive work environment.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531292024-02-26T20:08:15Z2024-02-27T20:08:08ZLaws, visibility and parked cars
Obeying traffic signals, signs and rules of the road is essential for safe cycling in urban areas. Cyclists should ride in the same direction as traffic, yield to pedestrians and use hand signals to indicate turns and stops. Making yourself visible to drivers and pedestrians helps prevent accidents in urban areas. Use front and rear lights, reflective gear, and bright clothing to increase your visibility, especially in low-light conditions or heavy traffic.
Be cautious when riding near parked cars to avoid dooring accidents. Give parked cars a wide berth, ride at a safe distance from the curb and scan for signs of movement or open doors to anticipate potential hazards. Unfortunately, the Centers for Disease Control and Prevention states that bike accidents leave more than 130,000 people hurt on an annual basis.
Alertness, bike paths and distractions
Urban environments can be busy and unpredictable, requiring cyclists to stay vigilant and attentive to their surroundings. Watch for pedestrians, other cyclists, vehicles and potential hazards like potholes, debris or construction zones. Whenever possible, ride in designated bike lanes or paths to separate yourself from vehicular traffic and reduce the risk of accidents. Follow designated bike routes and avoid riding on sidewalks, where conflicts with pedestrians can occur.
Just like drivers, cyclists should avoid distractions such as texting, talking on the phone or listening to music while riding. Keep your focus on the road and maintain both hands on the handlebars. Remember, safety is a shared responsibility that requires cooperation and awareness from all road users to create a safer environment for everyone.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531272024-02-10T19:31:33Z2024-02-17T19:30:13ZVariables on sobriety
One key aspect is the variability in individual sobriety. While blood alcohol concentration tests provide numerical data, factors such as metabolism, body weight and tolerance levels can significantly affect an individual's impairment level. What may seem like a clear-cut case based solely on BAC levels might not accurately reflect the defendant's level of impairment at the time of the incident.
Testing procedures
Moreover, the reliability of BAC testing procedures can be questionable. Breath test machines, for instance, require proper calibration and operation by law enforcement personnel. Failure to adhere to these protocols can compromise the accuracy of test results.
Additionally, external factors such as environmental conditions or medical conditions of the defendant may influence test outcomes. These can cast doubt on the prosecution's evidence.
Probable cause
Establishing probable cause for a DUI stop is another area of contention. Law enforcement officers must have reasonable suspicion to pull over a vehicle. Any deviation from legal procedures can lead to questions regarding the validity of the stop. Without proper justification, evidence obtained during the stop may be inadmissible in court, weakening the prosecution's case.
Defense strategies
Furthermore, defendants can challenge the prosecution's evidence, present alternative explanations for observed behavior and question the reliability of witness testimony. Skilled strategies can create uncertainty in what initially appeared to be a straightforward case.
These complexities make clear the importance of thorough examination and due process in DUI cases.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531252024-02-10T19:28:42Z2024-02-15T19:27:33ZEarly detection
In the aftermath of a car crash, not all injuries may be visibly apparent. Internal injuries, potential concussions or underlying musculoskeletal problems may not exhibit immediate symptoms. Rapid medical assessment is key to uncovering these hidden injuries before they escalate.
Preventing escalation
Even seemingly minor injuries sustained in a car crash can evolve into more severe complications if not addressed promptly. Immediate medical attention can deter these injuries from progressing into more complex and chronic conditions.
Establishing a record
Maintaining a thorough and immediate medical record is pivotal for potential insurance claims. Swift medical examinations create a documented account of injuries, their nature and their severity, serving as valuable evidence for any insurance claims that may arise.
Securing timely insurance benefits
Many insurance policies require the prompt reporting of injuries to qualify for coverage. Seeking immediate medical attention ensures compliance, enabling individuals to access the benefits and coverage entitled to them.
Addressing psychological impact
Beyond physical injuries, car accidents can also have a profound psychological impact. Anxiety, stress and potential post-traumatic stress disorder can surface. Prompt medical attention allows healthcare professionals to address both physical and mental health concerns, promoting holistic well-being.
Mitigating legal complexities
While your priority is your health and well-being, a swift medical examination can help avoid potential legal complications. It ensures individuals have a clear understanding of their injuries, enabling them to make informed decisions about potential legal actions without delay.
Although San Jose is participating in the state’s recently passed speed safety system pilot program, injury accidents will continue to occur on local roads. To protect yourself after a wreck, undergoing a medical examination promptly after a car crash is a prudent and responsible step.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531232024-02-10T19:26:02Z2024-02-13T19:25:09ZWho must have an IID
Under California law, those convicted of DUI may have to install an IID in their vehicles, depending on the circumstances of their offense. Repeat DUI offenders, as well as first-time offenders who caused injury or property damage while driving under the influence, have to install an IID as a condition of regaining their driving privileges. Those convicted of refusing to submit to a chemical test during a DUI arrest may also face IID installation requirements.
How long an IID may be necessary
The duration of the IID installation requirement varies depending on the specifics of the offense and the individual's driving record. First-time DUI offenders may have to install an IID for a specified period, such as six months to one year. Repeat offenders or those with multiple DUIs may face longer IID installation periods. These might last several years or even for the duration of their probation.
What happens after violations
Failure to comply with IID requirements can result in serious consequences. Additional fines, extended license suspensions and even imprisonment are possible. Attempting to circumvent or tamper with an IID is also a criminal offense and can lead to further legal repercussions.
By requiring certain people with DUIs to install an IID in their vehicles, these laws reduce the risk of alcohol-related accidents and fatalities. Compliance with IID requirements is necessary to avoid further consequences and ensure the safety of all road users.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531212024-01-30T03:15:25Z2024-02-03T03:14:25ZHead injuries
Perhaps the most serious injuries involve the head. Without proper protection, cyclists are vulnerable to concussions, skull fractures and brain injuries. Wearing a helmet significantly reduces the risk of such injuries, emphasizing the importance of this simple yet important safety measure.
Fractures and broken bones
In accidents, cyclists frequently experience fractures and broken bones, especially in the arms and legs. The impact of a collision can lead to these painful injuries, underscoring the necessity of proper protective gear and cautious riding.
Road rash
Road rash, though less severe than some injuries, is a common occurrence. When a cyclist slides along the pavement, the friction can cause abrasions to the skin. Wearing appropriate clothing and protective gear can mitigate the extent of road rash.
Sprains and strains
Sprains and strains often affect cyclists involved in accidents. The sudden force of a collision can lead to the overstretching or tearing of ligaments and muscles. Adequate warm-up exercises and maintaining a good riding posture can help reduce the likelihood of such injuries.
Facial injuries
Cyclists may also suffer facial injuries, including cuts, bruises and fractures. Wearing sunglasses and a securely fastened helmet can provide additional protection, reducing the risk of facial trauma.
Spinal injuries
Accidents involving bicycles can sometimes result in spinal injuries. These injuries vary in severity and can have long-lasting consequences. Cyclists should be mindful of their posture while riding and seek medical attention promptly if they experience any back or neck pain after an accident.
While cycling is a fantastic way to stay active and reduce our carbon footprint, it is important to prioritize safety on the road. Knowing the common injuries bicyclists face during accidents helps you stay safe when riding on the road and allows you to seek compensation when you deserve it.]]>