Archive for November, 2018

What Does a Wet Reckless Charge Mean?

Wednesday, November 28th, 2018

What Does a Wet Reckless Charge Mean?

If you’ve ever heard of a wet reckless charge you might be wondering what on Earth it is. If you’ve never heard of a wet reckless charge, you’re in good company. Most people are very familiar with a DUI and what it means. But a wet reckless charge is rarer. So what does a wet reckless charge mean? What are the implications of getting one? And should you have your attorney fight to allow you to plead to a wet reckless instead of a DUI? Of course, any legal decision must be made in conjunction with your legal advisor. Only a DUI attorney in your state can look at the specifics of your case and advise you as to what to do. However, here’s some background information on wet reckless charges that you might find interesting.

DUI Prior

In States like California, DUI charges are priorable. Priorable means the more serious the charge, the harsher the penalties. A wet reckless charge is what’s known as a DUI prior. In other words, if you never commit another alcohol-related driving offense, you’re good. But if you commit a DUI in the next several years (usually between seven and 10), that wet reckless charge will be seen as a prior conviction. It’s almost like a ghost charge that only hurts you if you repeat the offense.

Lesser Offense

A wet reckless charge is definitely a lesser offense than a full-on DUI. Your attorney might fight for a wet reckless charge on your behalf if the circumstances of your case don’t warrant a DUI. He or she might also argue for a wet reckless charge if being convicted of a DUI would cause you undue hardship. Many times, younger drivers who had minimal alcohol in their system (but who still had illegal amounts) can ask for a wet reckless charge in lieu of a DUI. Your attorney might state that a DUI at such a young age could cause you unfair consequences, like the inability to find work.

Not a DUI

While a wet reckless charge is a DUI prior, it’s not a DUI. It’s important to understand that distinction. A wet reckless is basically the legal system’s way of reminding itself that you already have an alcohol-related traffic incident in your background so that if you repeat the incident in the future they can then use it against you. If you’re convicted of a wet reckless charge, any time you’re asked whether or not you’ve been convicted of a DUI you can legally say “no”.

Warning Charge

Consider a wet reckless a warning charge. Think of it this way. If you were caught stealing a cookie out of a cookie jar and your mom told you that you wouldn’t be grounded this time but you would be grounded if you did it again, that’s kind of the same logic as a wet reckless. It’s the legal system’s way of saying we’ll let you off with minimal consequences this time, but we’ll remember this happened if you do something similar in the future.

Obtaining a wet reckless charge instead of a DUI can go a long way toward helping you in the future. As soon as you have to reveal that you’ve been convicted of a DUI, life gets harder. Getting loans, jobs, apartments, cars, and a number of other things can be really difficult with a DUI on your record. Ask your attorney if a wet reckless charge is worth pursuing in your case. Always go into the legal system with a qualified attorney by your side. Consult with an experienced DUI lawyer in your state today and take the first step towards protecting your freedom and your future.

How Do I File a Claim For an Auto Accident in Arkansas?

Thursday, November 15th, 2018

How Do I File a Claim For an Auto Accident in Arkansas?

Whether you’re in Arkansas or somewhere else, it’s never a good day when you are involved in an auto accident. State laws vary greatly as to what to do after an accident, so sometimes it’s difficult to know how to proceed. After you make sure there are no injuries and take care of everything that needs to be handled at the scene, it’s important to consult with a personal injury attorney for most accidents. An attorney can help you decide what the best course of action is based on the specifics of your case. However, here are some basic steps that you might want to go through after an accident occurs.

Check For Injuries

Obviously, the first thing you want to do is check for injuries at the scene. Make sure that you and everyone else involved is okay. Call medical attention as soon as possible if it’s necessary. Don’t neglect to find or give medical attention. Doing so can put other people’s lives at risk and can also jeopardize your case in the future. If you show negligence at the scene, the other party can sue you for that. Always make sure to check for injuries and call any necessary medical aid as soon as possible. That should always be your first step, assuming you can get up and do so.

Gather Evidence At the Scene

Next, gather any evidence you can at the scene. You’ll want photographs of the accident, the traffic, the weather, and pretty much anything you can record that will show your attorney and a court what the situation looked like. Having documented evidence can go a long way in settling issues that might arise or questions you might be asked over the next several weeks or months. Also, write down the information of any witnesses, the names of officers who helped you, take pictures of signage and road conditions, and the insurance information of the other people involved if they are well enough to exchange it with you.

Report to Insurance Company

The first thing you’ll want to do after everything at the scene is taking care of his call your insurance company. Never neglect to report an accident to your insurance company, no matter what. Not reporting an accident is actually considered a crime in most states, including Arkansas. Let them know everything that happened and send any evidence you have, or copies of it, to the insurance company, as well. The more people who have the evidence you collected, the better.

Keep Post-accident Records

It’s important to keep records after the accident, as well. Many bruises and internal injuries won’t show up for days or weeks after the fact. You also want to keep track of any of the medical professionals you saw, and their records and diagnoses, how you felt, any emotional strain or stress that happened as a result of the accident, and similar things. What happens in the days and weeks following an accident can sometimes give more information as to what really happened than the photos can. There is no medical way to measure emotional distress, so keeping a journal after the accident may also help you both in your recovery and to document the effects of the accident. Make sure to keep track of any financial records, as well. If you had to miss work, calculate how much money that lost you and make sure to notate that, as well. Any medical bills, doctor’s visits, prescription costs, car repair costs, and any other financial output that became necessary because of the accident should be noted and documented. Copies of all of this should be sent to your attorney and to your insurance company.

If you don’t already have an attorney, now would be a good time to get one. Any time you’re in an accident, especially if injuries occur, it’s important to protect yourself by hiring a personal injury attorney in Arkansas. Only a qualified and experienced Arkansas personal injury attorney can help you navigate the legal system and obtain the best possible outcome based on the specifics of your case. Get started by getting a quote today and take the first step on the road to protecting your freedom, your health, and your future.

What Happens If I Bring Weed to an Airport But I Have a Medical Marijuana License?

Wednesday, November 7th, 2018

What Happens If I Bring Weed to an Airport But I Have a Medical Marijuana License?

Traveling is always a chaotic experience, especially if you have to go through an airport. Between all the screenings, having to stow your bags, heading your way down the aisle, and finally getting to your seat, it can be an adventure just getting on the airplane itself. But all of this can be made even more complicated if you’re traveling with medications, especially if that medication is medical marijuana. Even if you have a medical marijuana license, traveling by air or even bringing that marijuana into an airport and be a tricky situation. It’s always important to consult with an attorney to make sure you have the best advice and information for your particular situation. However, here are some things you should be aware of.

States Matter

The world is starting to change and finally accept the fact that marijuana is a legitimate medical prescription for many people. However, whether or not you can bring that medical marijuana into an airport largely depends on the state in which you’ll be traveling to and from via airports. Even if one side of your destination is in a state that does allow medical marijuana, if the other location you’re travelling to or from doesn’t allow medical marijuana then you still might be banned from traveling with it. Currently, there are 29 states that have medical marijuana laws. That’s great, but it still means there are 21 states in which you cannot have medical marijuana even if a doctor prescribes it. It’s important to look into the state laws for any airport you’ll be traveling through during your trip.

It’s a Local Matter

A lot of people contact the TSA asking if they can bring marijuana to a particular airport. However, the TSA isn’t actually the legislative body that makes the decision as to whether or not you have broken the law. The TSA almost always defers medical marijuana cases to the local police. The trooper or officer that is called to come and speak with you might decide that you haven’t done anything wrong. They might also decide that you’ve broken a law, and they may even choose to start the process of prosecution. Even if the officer assigned to your case decides that you have not broken any laws, they can still ask you to dispose of your marijuana before you get on the plane. Or, they may let you fly.

A World of Ambiguity

As you can see, there is no one clear answer as to whether or not you can travel through airports, even those with medical marijuana laws in their states, with medical marijuana and still be safe. There is so much ambiguity in the law that it understandably makes many people nervous to travel with marijuana, even if it’s prescribed to them by a doctor. You can take doctors’ notes with you, bring any evidence you think might help you, and even contact attorneys before you fly. Still, you’re basically at the whim of the local police officer who is called to the case when you are found to be with medical marijuana in an airport.

Alternative Methods

Even if you do end up being allowed to take your medical marijuana on the plane, you’ll probably have gone through a whole lot of hassle in order to do so. For most people, it just makes more sense to set up alternative options rather than carrying your marijuana with you. If you can, have a prescription ready at the location you’ll be visiting. Or, you can consult with a local dispensary in the area you’ll be traveling to or set up some other means of obtaining your medical marijuana prescription once you get to your location. This gets a little trickier if the location you’re flying to doesn’t have a medical marijuana law on the books. In that case, you might not be able to use medical marijuana in that state at all. Again, these are tricky legal matters that require adequate representation by a legal professional.

The question of what happens to you if you bring marijuana into an airport and you have a medical marijuana license is anything but a closed case. It’s very important to consult with legal professionals in both states or all states through which you’ll be traveling by way of airplane. It’s important to have legal representation on your side if you’re accused of a crime involving marijuana, even if you’re in a  state that has medical marijuana laws. Be sure to consult a defense attorney in your state and any other applicable state to find out what the best option will be for you. Get a consultation today and make sure you’re taking the first step towards protecting your rights and your freedom while you travel.