Archive for January, 2019

Can I Work At a Public School With a DUI On My Record?

Friday, January 25th, 2019

Can I Work At a Public School With a DUI On My Record?

Working at a public school can be one of the most rewarding experiences of your life. Many people want to work with children because they find it to be a fulfilling experience that makes them feel as though they’re giving back, and they are. However, if you have a DUI on your record you might be hesitant about applying for work at a public school. Will you even be allowed to get a position there? There are many things that come into play when it comes to whether or not you’ll be able to work at a public school with a DUI on your record. Here are just a few considerations that your potential employer might make.

When Did You Get the DUI?

When you obtained your DUI, were you young? Did you make a mistake when you were 22 and it’s still on your record years later? Or did you get a DUI a year ago? How long it’s been since you received your DUI and how old you were when you got the DUI are two things that your potential employer at a public school might consider. If you made a mistake when you were younger and you’ve let a relatively clean life since, it might actually not keep you from obtaining  employment at a public school. However, recent charges or multiple charges might make obtaining that position more difficult for you.

What Position Are You Applying For?

The position you are applying for also has a lot to do with whether or not a DUI will matter. Obviously, if you were applying to be a bus driver for a public school district, having a DUI on your record is not ideal. It’s pretty likely that a public school will be hesitant to hire you as a bus driver if you’ve gotten a DUI in the past. However, if you were applying to work the front office or you want to work as a teacher’s assistant then you might have an easier time explaining away a DUI. However, any job that requires transportation of children might be more difficult for you to get if you have a DUI on your record.

What’s Your Work Experience Like?

A solid work experience might help a public school or school district feel better about hiring you, even if you have a DUI on your record. If you have a few years of work experience and your employers speak highly about you, you might still be able to get a job at a public school. However, if you have a spotty work experience or you don’t have any work experience, it might be a bit more difficult for you to make the case that you are a trustworthy and reliable employee who can be trusted around children. What it comes down to what the public school or school district is the safety of children. Drinking and driving is a dangerous and reckless act, so it’s going to take a lot to convince a public school to overlook that DUI charge.

What’s On Your Criminal Record?

Finally, any public school or school district who is looking to hire you will take a look at your criminal record. If you have nothing but one DUI on your criminal record, they might be more willing to negotiate with you or give you a chance. However, if you have multiple convictions, especially if they’re for dangerous crimes or are alcohol-related activities, you’re going to have a much more difficult time convincing them to hire you.

When it comes down to it, public schools are necessarily concerned with the safety of children. If they feel that you pose a threat, or even if they feel that you’re not as safe as they would like you to be based on your DUI, they can deny you a job. However, there are many cases in which you are able to expunge your DUI. Having your DUI expunged can help you obtain employment at a public school because they won’t be able to see that DUI. Even if they do see the DUI on your record, seeing that it was expunged is a huge mark in your favor. Be sure to hire a DUI attorney who is qualified and experienced in your state. Get a consultation today and take the first step down the road of protecting your rights, your freedoms, and your future.

I Was Bitten By a Dog and Injured. What Are My Legal Options?

Friday, January 18th, 2019

I Was Bitten By a Dog and Injured. What Are My Legal Options?

Dogs are man’s best friend, right? Most of the time that’s true. But dogs can also pose a danger to humans. If you’re injured due to a dog bite, the pain can be immense. But so can the financial pain of treatment. Time recovering might mean time off work, and medical bills are often financially crippling. All of this might lead you to wonder what your legal options are. Only an experienced personal injury attorney in your state can tell you for sure, but here are some questions to consider.

Whose Dog Is It?

Someone who lives with you might be trickier to prosecute. The dog that’s living with you is basically your dog, for all intents and purposes, and you wouldn’t sue your mom if the family dog bit you. But if you don’t live with the dog, you have more legal options. If it’s someone you know, it’s most likely that you’ll be able to settle the case outside of court. If it’s a total stranger and they are unwilling to take responsibility, you can take them to court for personal injury damages. It’s best to hire a personal injury attorney for a dog bite case. Even though it might seem small, an attorney can help you achieve the most beneficial result.

Was the Dog Provoked?

Dog bites that happen in a normal situation, such as you were walking down the street minding your own business and got attacked, are easier to handle in court. However, if you provoked the dog in any way, you’ll have a harder time claiming damages and getting restitution. Taunting a dog, messing with it, trying to incite violence between your dog and another, and other behaviors like these will usually make your time in court much more difficult. This is because you will likely be seen to have contributed to the event, so you won’t be able to ask for as much in damages as you would be if the dog was unprovoked.

Small Claims or Criminal Court?

Almost every dog bite case goes to small claims court. You can opt to take your personal injury case to small claims court for a faster resolution, especially if there aren’t too many damages. It’s extremely rare that a dog bite case will ever be taken to criminal court. However, if the owner was doing something illegal, neglected proper care such as keeping their dog on a leash, or otherwise showed negligence, you may be able to file criminal charges. This is particularly true if injury or death occurred as a result of the dog bite.

Most dog bite cases never see the courtroom and can be settled through arbitration or in small claims court. Only in rare and serious cases is it usually necessary to involve anything beyond small claims court. However, that doesn’t mean you don’t need an attorney. Consult with a qualified and experienced personal injury attorney to help you decide what the best course of action is given the specifics of your case. Only a personal injury attorney can help you craft the best case, obtain the most restitution possible, and get you on the road to financial health and full restitution. Fight for your rights by consulting a personal injury attorney in your state today.

Can I Refuse a Breathalyzer Test?

Thursday, January 10th, 2019

Can I Refuse a Breathalyzer Test?

If you’re pulled over under suspicion of drinking and driving, you might feel reluctant to take the breathalyzer test. This is especially true if you know you’ve been drinking. It might make sense not to take the test if you think it’ll yield positive results. However, you will get in much more trouble by refusing the test than you will by simply taking it and then defending yourself in court. Here is what could happen for refusing the breathalyzer test.

Evidence of Guilt

Unfortunately, most states have a bit of a dual law when it comes to DUI charges. On the one hand they say that refusing a breathalyzer isn’t evidence of guilt. However, your refusal can be submitted as evidence, and most people, even if they aren’t supposed to, will take that as an admission of guilt. Basically, it doesn’t look good for you in court if you refused to take the breathalyzer test.

Automatic Suspension

In most states, if you refuse to take the breathalyzer test you can have your license automatically suspended. If you’re pulled over for a DUI and you test positive or above the limit on the breathalyzer test, you can put off a suspension by requesting a court date. That ability doesn’t exit for you if you choose to refuse the breathalyzer.

Hefty Fines

Some states impose hefty fines on you if you decide to refuse the breathalyzer test. These fines can range from a few hundred dollars into the thousands. Again, you have few legal options if you choose to refuse the test, so you probably won’t be able to recover those fines. It’s almost always a better idea to simply take the test and defend yourself with a qualified DUI attorney later.

Impound

Your car can also be impounded if you decide to refuse a breathalyzer test. In most cases, that impoundment happens right at the scene. You’ll likely also have to serve some jail time. If you do get to the point where you’re allowed to get your car back, you have to pay to get it out of impound, which of course is more money out of your pocket in addition to any fines you’ve already been charged.

Implied Consent

In almost every state, driving on the roads means you agree to a breathalyzer test. It’s called implied consent. If you’re on the road, it’s assumed that you’re consenting to a breathalyzer test. Therefore, refusing to take that test is something like a breach of contract. It’s very important to take the test and handle defending yourself after the fact in a court of law. You will almost always have a better chance of winning your case if you take the breathalyzer test.

Many Defenses Available

A qualified, experienced DUI attorney can challenge everything from the officer’s knowledge of the breathalyzer device, the results themselves, and even the reason you were pulled over. However, none of those defenses will go as far if you refused to take the test. It’s very hard for an attorney to defend someone who refused to provide a breath sample because most people automatically assume you’ve been hiding something, even if they’re not legally supposed to come to that conclusion based on a refusal alone. Don’t limit your defense just because you don’t want to take the test.

A DUI charge is scary, and being asked to blow into a breathalyzer is intimidating. But that’s not a good enough reason to avoid taking it or refuse to do so. Always take the breathalyzer test. You can save your car, your driving record, money, and your freedom. Contact a qualified DUI attorney in your state and get started on your case. Even if you’ve already refused a breathalyzer test, there still may be options for you. Get a quote today and get on the road to freedom again.