Archive for March, 2020

Can I Get a DUI from Cough Syrup?

Friday, March 27th, 2020

Can I Get a DUI from Cough Syrup?
Cough syrup is often referred to as a “wonder drug” for its ability to provide relief for debilitating symptoms of bad colds and cases of flu. Along with its effectiveness at combating stuffy noses, clogged heads, and fevers, cough medicine carries with it the ability to cause drowsiness and inhibit motor skills. Even the recommended dosage for over-the-counter (OTC) cough syrups can result in impairments that make driving a motor vehicle dangerous. Prescription cough syrup with codeine is a powerful drug that will further impair driving judgment and reaction times.

DUIs and Over-the-Counter Cough Medicine

Technically, when someone takes an over-the-counter cough syrup, a small amount of alcohol is being consumed. It would take a lot of OTC liquid cough medicine to register over the limit on a breathalyzer test, but it can happen.
While it is unlikely taking cold remedies will register on a roadside test, OTC cough syrups and other cold medicines can cause the following conditions that can impair your ability to safely operate a motor vehicle:
” Dizziness
” Drowsiness
” Poor concentration
” Poor coordination

Laws differ from state to state, but you can be charged with a DUI about anywhere in the United States if there is evidence of impaired driving, no matter if from alcohol, illegal drugs, or legal medications that can be purchased freely at your local drug store.

Additional OTC drugs that can impair your driving ability include:
” Alcohol-containing medicines
” Allergy medicines/Antihistamines
” Caffeine-containing medicines
” Decongestants
” Motion sickness medication
” Ulcer medication

DUIs from Prescription Cough Syrup with Codeine
Codeine is a powerful narcotic commonly used for pain relief and in prescription cough syrups. Cough syrup with codeine is prescribed for those that suffer from severe colds and touches of flu to suppress extreme symptoms. The prescription medication can makes patients dizzy or disoriented, and will mostly put them to sleep, which is a bad combination to have behind the wheel of a car.

If you are pulled over while driving after taking medicine with codeine, and you have not been drinking or abusing other drugs, it is recommended that you submit to any road-side sobriety test the officer asks you to take part in to prove you have not been drinking.

Causing an Accident While Driving on Codeine

If you had codeine in your system at the time of an accident that you caused, you will likely be charged with a drunk driving violation, which can be held against you if injured parties decide to press charges.

If you are charged with drunk driving for driving while under the influence of prescription cough syrup with codeine, you will need the services of a qualified defense attorney to represent you. A lawyer will be unable to stop you from being charged if tests show there was codeine in your blood, but they can help make sure your rights are protected.
Find Proper Legal Representation at LegalInfo.com

Even if you have taken the recommended dosage for an OTC or prescription cough medication, you can still be cited or charged for driving while impaired. If you have been pulled over or gotten into an accident after taking cough or cold medication, you will need experienced, qualified representation. LegalInfo.com is a comprehensive online resource for attorneys of all kinds in your area. Log on or contact us today for complete information on the process of finding you an attorney to represent your case.

Can I Sue for Mold Exposure at Work?

Friday, March 13th, 2020

Can I Sue for Mold Exposure at Work?

 

If you have been exposed to dangerous mold at your workplace and have suffered an illness or injury because of it, then you might be able to take legal action against your employer.  If you or someone you know were exposed and harmed by toxic mold at the workplace, then you should consult an injury attorney to discuss your options.

What is Mold?

Mold is a fungus that releases spores into the atmosphere that, when inhaled, can cause respiratory problems and skin irritations. Mold growth requires a certain amount of dampness or moisture and can prosper wherever water or condensation is present. Plumbing leaks and poor ventilation in your workplace can contribute to ideal conditions for mold growth.

What are the Symptoms?

Indoor mold growth can cause the onset or worsen of allergic reactions and a wide range of other symptoms, including:

  • Coughing
  • Itchy eyes
  • Rash
  • Redness of the eyes
  • Runny nose
  • Watery eyes
  • Wheezing

The Environmental Protection Agency has not established standards or guidelines for mold in commercial properties, so there are no regulations employers need to comply with regarding the exposure of mold growth.

Filing Workers’ Compensation Claim for Mold Exposure

Employers and owner advocacy groups claim that exposure to mold in the workplace is a workers’ compensation issue and is not a matter for litigation or other legal processes. However, if it can be proven that the employer or building owner was made aware of a mold issue and decided to do nothing about it, then a claim of negligence can be valid and a personal injury suit can be filed.

Proving a Case of Mold Exposure in the Workplace

The first step in proving you were harmed by the existence of mold growth in your workplace is to gather evidence that mold exists on the property. Photographic proof must be collected in the form of pictures and accompanying notes where mold is visible.

 

Much like finding a cockroach in your kitchen when going for a glass of water at night, if you see some evidence of mold in your employer’s building, there is almost certainly much more you cannot see. One sighting of mold growth in your area could mean the entire property is infested with mold.

 

Your Options When Discovering Workplace Mold

Employees harmed by hazardous mold growth often find it challenging to collect workers’ compensation benefits, as the employer must often do more than willfully act against personnel. It is tough to prove intent or knowledge that mold is a problem in their building. If workers’ compensation is not an option, you can contact a lawyer to file a lawsuit against the company. If you or someone you know has been injured by workplace mold and you would like to explore your legal options, then LegalInfo.com can connect you with an attorney for a free consultation.  Legal Info is a comprehensive online resource that can connect you directly with experienced attorneys in your area to discuss your case and the legal options that you may have available.

 

 

Can I Get a DUI on My Own Property?

Friday, March 6th, 2020

Can I Get a DUI on My Own Property?

It started when the State of New York enacted the nation’s first law that made it illegal to drive drunk back in 1910. Since then, every state in the union has passed laws prohibiting the act of driving while under the influence of alcohol on public highways and other public properties.

Laws governing drunk driving vary from state to state, including the regulations for DUI statutes pertaining to driving on private property. Depending on the state, penalties for driving under the influence on public roadways may be different from violations on private property.

Everywhere in the State

Several states take care of the issue by using language in their DUI laws that have been interpreted to include both public and private property, such as:

  • “everywhere in the state”
  • “within this state”
  • “anywhere in this state” or
  • “throughout the state”

The courts have determined these phrases to encompass any area of the state where a vehicle can be driven. In these states with more broad DUI statutes, it is illegal to drive while under the influence of alcohol anywhere in the state, whether it is public land or privately owned.

Private vs. Public Property

Factors that can help to determine whether the law considers a property to be private or public when it comes to enforcing DUI laws including:

  • Property that is open to the public to use for vehicle traffic or parking
  • When a business is being conducted or it is a residential property
  • If the property is accessible from a public street or sidewalk
  • Efforts are made to prohibit the public from entering the property through barriers or posted signs

Private Property DUI Laws

Some states are more specific with their DUI laws, including clearer definitions of the types of privately owned property that are included in the statutes. For example, some states make it illegal for someone under the influence of alcohol to operate a motor vehicle on property that is open or accessible to the public or in private areas that the public has a right of access for vehicles.

While laws vary from state to state, law enforcement officers generally have the right to cite you for driving while intoxicated and arrest you on your private property for a DUI offense. Police can and will stop drivers when they have reasonable suspicions a driver is operating a motor vehicle while drunk on locations where it may seem like it is safe to drive while impaired, such as:

  • Apartment complexes and condominium parking lots
  • Bar parking lots
  • Convenient store parking lots
  • Dirt roads
  • Driveways
  • Golf courses
  • Stadium parking lots
  • Trailer parks

Some areas where DUI statutes may not apply include the driveways of private
residential properties.

Finding a DUI Attorney

Driving under the influence is a serious charge that can have long-lasting consequences on your freedom and your ability to legally operate a motor vehicle. If you or a loved one needs the assistance of a qualified lawyer, LegalInfo.com can help you find attorneys in your area specializing in DUI cases. Contact us today to locate a qualified lawyer for your specific case.