Driving drunk, buzzed or blitzed is more than just a dangerous and stupid decision; it can also result in the loss of time and money, and require the services of a DUI lawyer. And because the consequence of this offense are so severe, it’s important to understand all of the legal steps that are taken to arrive at a conviction, starting with how an impaired driver ends up in the legal system to start with. Drivers who are pulled over for driving while impaired generally are pulled over by the police for another traffic offense such as weaving, speeding, erratic driving or failing to yield. Or they are involved in or the cause of an automobile accident.
Once a police officer has probable cause to pull a driver over, they can make an assessment based on the appearance of the driver to do a field sobriety test. This assessment can include the smell of alcohol on the driver, blood shot eyes, slurred speech and other indicators that the driver is driving impaired. At this point an officer has enough probable cause to warrant a field sobriety test. A driver who fails this field sobriety test or refuses to take the test will automatically, under Arizona law, lose their driver’s license for a period of ninety days.
The cost for a DUI can be extensive. In Arizona, jail time for a conviction is mandatory and repeat offenders may be sentenced to a longer jail sentence with each offense. In addition to jail time, losing a driver’s license and mandatory monetary fines, a conviction for a DUI offense also means mandatory alcohol education classes, possible vehicle confiscation and possible court ordered drug and alcohol counseling.
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When a physician cannot bill for test results, and a company offers to give that physician those test results for free, a Florida Federal Court has ruled that the company is offering the physician prohibited remuneration. On May 5, 2015 the Middle District of Florida granted partial summary judgment on the latest motion in a contentious litigation between Ameritox Ltd. and Millennium Laboratories, Inc. Ameritox and Millennium are competitors and clinical laboratories that screen urine specimens for the presence of drugs. Millennium provided free point of care testing cups to physicians, who use the cups for initial testing and then return the cups back to Millennium for confirmation tests. Physicians do not bill patients or insurance companies for the point of care tests. Ameritox claimed that the provision of free point of care testing cups to physicians violates the Federal Anti-Kickback Statute and Stark law. Neither law allows a private citizen to make a claim against another private citizen for its violation (i.e., a government entity would have to assert a cause of action for violation of these laws against a private company). Ameritox argued, however, that Millennium’s alleged violations of the laws provided a basis for Ameritox’s unfair competition claims. The Stark Law prohibits physicians from referring their Medicare and Medicaid patients to business entities with which they have financial relationships. The term financial relationship includes compensation arrangements involving remuneration between the physician and the entity. The Stark law does provide exceptions from the definition of remuneration. However, the Court determined that, in the event that a free device provides an additional benefit to a physician, the device is considered prohibited remuneration. The Anti-Kickback Statute prohibits health care providers from knowingly and willingly offering to pay any remuneration to induce a physician to refer a patient for services covered by Medicare or Medicaid. It defines remuneration as including -transfers of items or services for free or for other than fair market value-. The Court held that the provision of free point of care testing cups to physicians constitutes remuneration (under both the Stark Law and the Anti-Kickback Statute) when those physicians could not otherwise bill for testing of the same specimen. The Court reasoned that provision of free point of care testing cups provides a valuable benefit to physicians in the form of free preliminary test results that the physicians could not have otherwise obtained. The Court left open for the jury to decide the provision of free point of care testing cups to physicians constitutes remuneration when physicians could bill for the testing done with the cup and agreed not to. As an academic aside, apart from this lawsuit and applicable Federal law, it is important to note that Florida law contains an anti-kickback statute that is specific to clinical laboratories. The law is broad and does not contain the safe harbor exceptions incorporated into the Patient Brokering Act. Clinical laboratories operating in Florida are well-served to become educated about this law.
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Not all spousal relationships end happily ever after. Even the first individuals to find out the significance marital union could attest to that. There are husbands and wives, nevertheless, who prove that they can make the best out of this kind of union. Then there are those who can’t– and for them, divorce is the ideal choice, rather than staying in a marital relationship of regret, distress, or cynicism.
Divorce proceedings are not often appealing either. Such is factual for the Jamilette Hallac case; the back-and-forth discussions on spousal support and asset division was arguably fairly difficult for both parties, specifically because Jamilette turned down several offers from her spouse, asserting that he was not forthcoming about all his assets. This did her harm as opposed to good since it was the court that later chose what she would acquire– which became less than her spouse’s final offer. Hence, for those who will experience divorce, it pays to be ready prior to the proceedings.
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Legal internships are the first step to a successful legal career. Theoretical knowledge is a must but one must also not lag behind in practical application of the theory. The demand for legal professionals all across the globe has created a pseudo revolution worldwide. More and more aspirants are joining in every passing second.
One starts his/her career in the legal world with entry level law jobs but once also get into a couple of internships before getting into the job. This gives the person concerned both experience and knowledge. Here are the top 5 ways to get a legal internship.
1) Getting into a right law school. If you can secure a seat in a reputed law school half your job is already done. It is a fact that the better the law school the greater chances you have of succeeding in this profession. You will need excellent high school grades as the competition seems to be on the rise every moment. Once you are into a reputed law school your faculty will automatically make sure that you get into a good legal internship.
The main responsibilities of a court reporter primary involves creating verbatim transcripts of legal conversations, meetings, speeches, and a variety of legal proceedings within a courtroom setting. These experts are fully dedicated to assisting their clients by providing the written statements of those spoken words that work as a legal proof or records of everything that goes on in court. The role of a court reporter is crucial in preserving accurate details of all legal testimony, and to help provide a complete, accurate and secure legal record. Living in Boston, US, you can find a plethora of such companies that offer quality verbatim transcribing services. The Court Reporting Services Boston usually are able to deliver real-time translating and closed-captioning services as well.
Reputed judges and lawyers generally rely upon court reporters in various legal proceedings to make sure that they get all the required information and details into the official record. In addition, court reporters are valuable for making suggestions and discussions with the concerned lawyers and judges. Court reporting is a detail-oriented task, and generally includes three major methods: electronic recording, stenographic and voice recording. In general, professional court reporters use stenotype machines in order to quickly transcribe the events in courtroom. The Court Reporting Services Boston help their clients by creating comprehensive transcription for thousands of various court cases each year.ar.
Obviously, the Court Reporting Services Bostonhas a quite a few experienced and highly educated court reporters who assist the clients in many areas, including deposition reporting, transcription, video recording and video conferencing.