Category Archives: Legal

Laws and Penitalies for Driving Under the Influence of Marijuana Washington State

Washington is one of the strictest states in the union when it comes to punishment for driving under the influence. This includes marijuana as well as alcohol and other drugs. All states use the .08 blood alcohol concentration level as the threshold for being considered under the influence, but Washington also uses the measurement of the THC level in the body at the time of the arrest. Any driver who tests with over five nanograms of THC per milliliter in their system is also considered as under the influence.

Penalty Severity

Penalties for intoxicated driving are usually based on the material facts of the case. Aggravated charges are often filed when the driver registers over .14 for alcohol or has a minor child in the vehicle. Just as with driving under the influence of alcohol, penalties are enhanced with subsequent arrests involving marijuana so that the punishment will be based on the number of prior convictions. But, aggravated circumstances are not based on a magnified level of THC concentration, so the potential for a harsh penalty may be may be a bit lower for marijuana.

Fines

Penalties for a first conviction for driving under the influence of marijuana range from $350 to $5000. Fines for subsequent convictions are increased to $500 to $5000, while penalties for impaired driving from a second conviction in seven years can range from $1000 to $5000, this is not including costs for house incarceration when it is issued.

Incarceration

Washington has a relatively higher incarceration schedule for those convicted of impaired driving. This does not include penalties for being caught with marijuana without a prescription or having more than the allowed amount, which is separate charges. First convictions will result in a 24 hr mandatory incarceration period, but can be increased to up to one year in an aggravated situation. Drivers with a second conviction within seven years will receive a minimum of 30 days incarceration up to one year while third convictions and above can result in 30 days to one year in addition to 120 days house arrest.

Driving Suspensions

First offenders receive a driving privilege suspension of 90 days, which is greater than the standard 30 days. Those convicted of a second DUI will be suspended for two years, while three or more impaired driving convictions can result in a three-year drivers license suspension.

Charges for driving under the influence of marijuana in Washington are still very serious legal matters, especially when involved in an accident. Anyone charged with DUI should always retain an experienced local criminal defense attorney immediately. If you or a family member have been charged with impaired driving or DUI, you need to retain a local Bellevue criminal defense attorney or DUI lawyer in Seattle to represent their case to ensure that their rights are adequately protected.

Personal Injury Advocacy in Pomona

Nobody ever leaves their home expecting to be involved in a car, truck or motorcycle accident that results in serious injury or death. Unfortunately, such incidents happen all too often, leaving entire families in turmoil. These circumstances are all the more tragic then they are the result of another party’s negligence, whether it consists of distracted, impaired or error-ridden driving. Fortunately, the legal system does offer victims the opportunity to pursue justice and compensation from those responsible for the harm suffered, and that is when an attorney with Guldjian Law can be an invaluable ally.

The injuries stemming from an accident on the roadways can range from relatively minor to truly catastrophic. Traumatic brain injuries, spinal cord damage, broken bones, amputations, and disfigurement can occur, as can untimely death. When outcomes such as these are experienced, victims and their loved ones can be facing an uncertain future characterized by mounting medical bills, lost wages, ongoing therapy costs and other seemingly insurmountable challenges. This is the point at which it makes good sense to enlist the aid of a lawyer with Guldjian Law who will work hard to preserve critical evidence, interview eyewitnesses, consult with medical experts and build the strongest possible case on the victim’s behalf.

By employing aggressive negotiation and advocacy skills, an attorney with Guldjian Law will fight hard to obtain every available dollar of compensation for those injured by another’s negligence. Though it is impossible to guarantee a specific outcome in a given matter, clients can be assured that no stone will be left unturned in the quest for justice. Because the law does impose strict limits on the time available to file injury claims, time truly is of the essence when it comes to safeguarding a victim’s right to compensation. Contacting a lawyer as soon as possible following an event of this nature is the best way to increase the likelihood of financial recovery.

If you or a loved one has experienced the heartbreak of injuries caused in a car, truck or motorcycle accident caused by another, you owe it to yourself to align with the strongest legal advocates Pomona has to offer. Considering that a serious accident can place entire families at risk of financial ruin, there is no time to waste, contact a trusted and experienced personal injury attorney in Pomona from the law offices of Guldjian Law APC today. The sooner assistance of this type is sought, the sooner the quest for full accountability can commence.

How To React Following A Richmond DUI Arrest

The steps you take following a DUI arrest are crucial to the outcome of your case. DUI cases are complicated and often involve very complex elements. Far too many individuals fail to recognize their rights in a DUI case, and they plead guilty or accept plea agreements that are not fair. Drivers who have been arrested for a DUI in Richmond should take into consideration the following three suggestions after a DUI arrest.

1. Exercise your right to remain silent

Police officers will often ask you questions to obtain information that can be used against you in court. The rules of evidence allow statements you make to be offered as evidence against you, even if you choose not to testify in court. Police officers will often ask you how much you had to drink, what you drank, as well as other questions in their investigation. You have the constitutional right to refuse to answer certain questions and should do so to avoid volunteering information that can be used by the prosecution.

2. Plead not guilty

At some point following your arrest, you will be advised of your rights and given the opportunity to enter a plea. Even if you believe you are guilty of a DUI, plead not guilty so you will have time to visit with and attorney and review your rights. Many persons plead guilty immediately and do not realize the extent of rights they give up by pleading guilty.

3. Contact a Richmond DUI attorney

As soon as possible after your DUI arrest, contact a Richmond DUI attorney. An experienced DUI can review your case and identify potential defenses. Sometimes police commit errors in their investigation. These can be raised by an attorney and may result in the exclusion of certain evidence or even dismissal of your charges. A DUI attorney will make sure you understand your rights. In some cases, they will negotiate with the prosecution to arrange a fair and appropriate plea agreement. Throughout the court process, a DUI attorney will represent you in court and advocate for your rights.

The Law Office of David A.C. Long has experience representing those charged with DUIs in Richmond and the surrounding area. They will work diligently to represent you in your case and will make sure your rights are protected. Call the Law Office of David A.C. Long to schedule a consultation.

How a Personal Injury Attorney Can Help If You Have Been Injured In a Huntington Beach Car Accident

After a car accident happens, there will be many changes in your life. Some of these changes will be hard to adjust to while others will just be inconvenienced. You will have to face medical issues and costs due to your injuries, you will have to deal with financial losses due to your missed time at work as well as lost time in the future, you will have to arrange for new transportation, and you will have to deal with insurance adjustors who do not have your best interest in mind.

If you have been involved in a car accident in Huntington Beach, it will be in your best interest to speak to a Huntington Beach personal injury attorney. Your attorney can alleviate many of these issues.

What Can An Attorney Do To Help You After An Accident?

Your attorney will help you with the most difficult part of your accident: dealing with the insurance company. Many of these other issues, such as medical costs, lost wages, and other financial losses will disappear when this aspect is handled by your attorney. Your attorney will:

• Be the liaison between you and the insurance company. Any issues that you or they have will be handled by the law and the terms of the insurance policy. This is crucial because insurance companies often “forget” the terms of their policies.
• Make sure that you are getting the medical treatment you need. Too often, insurance companies deny therapies or treatments necessary for you to recover from your injuries because they are expensive.
• Make sure that you are offered a complete settlement based on your current and future losses. The insurance company sees their bottom line; your attorney sees how your future is impacted. They will be very aggressive to ensure that all losses are covered in the settlement.

In addition to these three critical issues that your attorney will handle, they will also manage all of the legal paperwork surrounding your case and claim. This will significantly reduce the amount of worry and hassle you have, allowing you to devote your time to making a full recovery from your accident.

What Should I Do If I Have Been Injured While operating a company vehicle in California?

If you were injured while operating a company vehicle in California, contact our experienced personal injury law firm right away. Car accidents can take place at any given moment and can cause severe physical and financial damages. Here are two scenarios for those who have been involved in an accident while operating a company vehicle.

If you were responsible for the accident

Although you might have been at fault for the crash, you could still suffer severe injuries that could require emergency room treatment, hospital admission or even surgery and rehabilitation. You could be out of work for months. Imagine what the consequences would be for you and your family. As long as you weren’t on some frolic or a detour that wasn’t work connected, you should be covered under the California Workers’ Compensation Code.

If you’re that seriously hurt, you’ll want to retain a personal injury attorney who is knowledgeable and experienced in workers compensation law to represent you right away. Otherwise, you’re just not going to get the benefits you deserve. The job of the adjuster assigned to your case is to save the insurer money on claims by paying as little as possible. That’s what they’ll do. We know how to get you the highest amount of benefits possible.

If another driver was responsible for the accident

Even if the accident wasn’t your fault, you could still receive workers’ compensation benefits while proceeding against the person who caused the accident in a civil lawsuit for damages. This is called a “third party case.” It’s almost always the preferred course of action because, in a civil court of law, you’re permitted to seek other damages that the Workers’ Compensation Code doesn’t permit.

A settlement or award in a civil lawsuit can be significantly higher than that of a workers’ compensation settlement or award. Nobody is allowed two recoveries off of the same case, so the workers’ compensation insurer might have to be reimbursed, but there are ways of compromising the amount they claim.

Workers’ compensation law is complicated. Pursuing a civil injury case along with the workers’ compensation claim adds to the complexity. Our dedicated Orange County injury law firm offers a free legal consultation and case evaluation on any motor vehicle crash.

California Motor Vehicle Accidents

There was 156,909 injury collision in California during 2013 according to the California Highway Patrol.  Their 2013 Annual Report of fatal and injury traffic collisions is a stark reminder of how many lives are affected each year by motor vehicle accidents.  Some additional statistics from the report include:

  • 3,104 Individuals Killed (1,597 drivers, 591 passengers, 752 pedestrians and 164 bicyclists)
  • 223,128 Individuals Injured
  • 2,853 Fatal Collisions

According to the report, a fatal or injury traffic collision was reported every 3 minutes and 17 seconds somewhere in California!  On average, one person was killed every 2 hours and 5 minutes, and one person injured every 2 minutes and 21 seconds as a result of a traffic collision.  For each person killed there were 72 individuals injured according to the CHP data.

Motorcycle accidents resulted in 463 deaths and 11,946 individuals injured in 2013.  According to the CHP 65.7% of motorcycle drivers were at fault in fatal collisions.

These are sobering statistics from the California Highway Patrol and reminds us that traffic accidents occur frequently in California and can have devastating consequences.  Many people do not know where to turn if they or a loved one are involved in a serious accident.  An experienced California personal injury attorney should be contacted as soon as possible after an accident to ensure the best possible outcome after an accident.

Below are a few links to helpful online resources if you’ve been involved in a California accident: