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The Latest Changes on DUI Sobriety-Tests

Topics: Criminal Defense

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In recent years, courts have been at the forefront of a dynamic development in constitutional privacy issues and warrant requirements encountered during DUI stops. In her California Lawyer article “DUI Blood Draw: Is a Warrant Required?” attorney Yesenia Acosta discusses the evolution of the Fourth Amendment and the effect it has on the power of law enforcement officers to demand sobriety tests during traffic stops. The article dissects recent precedent-setting court decisions, including a 2016 Supreme Court ruling that revised what police officers may demand without a warrant. Historically, police have been able to use “exigent circumstance” to demand blood-drawing sobriety tests from subjects, since diminishing blood-alcohol levels constituted disappearing evidence. However, the ruling revised this, further changing the Fourth Amendment by noting that a warrantless blood test constitutes personal invasion. Paired with various state laws on implied consent, the legality of DUI stops is more opaque than ever. Read the full article. DUI
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7 Ways You Can Prepare for Your Personal Injury Case

Topics: Auto Accident, Personal Injury

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7 Ways You Can Prepare for Your Personal Injury Case Have you recently suffered an injury as a result of another person or entity's carelessness or negligence? If so, then you may be entitled to compensation. Before you tackle a personal injury case, however, there are some things you should know.
  1. Avoid Common Mistakes
Understand the most common mistakes made in personal injury cases and how to avoid them. This includes ignoring the statute of limitations in your state, discussing your case on social media, or even being untruthful about what happened.
  1. Obtain Necessary Documentation
In order to file a lawsuit, you'll need some important documentation. This includes any relevant police reports, medical paperwork (including hospital bills), incident reports, and any other official documentation related to what happened.
  1. Meet with the Right Lawyer
A personal injury lawsuit isn't something you want to tackle alone. Consult with an experienced and knowledgeable lawyer who has worked with clients in a position similar to yours in the past.
  1. Understand the Process
Speak with your lawyer about what to expect from the process, especially in terms of its length. Many personal injury cases can take months or even years to resolve, so make sure you're informed and prepared.
  1. Prepare for Deposition/Testimony
If your personal injury case goes to court, you'll likely need to testify in front of a judge. This can be a nerve-racking experience, and it can be helpful to speak with your attorney about what to expect and what to say, especially during cross-examination.
  1. Discuss Settlement Possibilities
Not all personal injury lawsuits will go to trial. In fact, your lawyer's goal will be to settle out of court, as this speeds up the process and makes things easier on you as well. Therefore, it's important that you speak with your attorney about what kind of settlement you'd be willing to accept.
  1. Stick to the Facts
Finally, remember to stick to only the facts throughout the entire process. If you lie or even intentionally omit important information about your case or accident, you could find yourself in a great deal of trouble with the law. Be honest with your lawyer so he or she can help you out as much as possible. Looking for legal assistance with your personal injury lawsuit? Schedule your consultation with an experienced personal injury attorney today by contacting The Law Offices of Scott Warmuth toll-free at 888-517-9888.
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TRENDING: Avoiding Personal Injury When Playing Pokémon Go

Topics: Personal Injury

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www.techradar.com The newest viral app Pokémon Go, a game that features an augmented reality design, has been a huge success. The game has been praised for encouraging players to get outdoors and wander around their local area in search of Pokémon. The downside is that some players have been injured using this app while out and about. Those who have downloaded the game can lower the risk of personal injury by exercising some caution while playing. Being aware of possible risks is also important. Using Pokémon Go on the Road While playing the game, players are required to keep a close eye on their phone in case Pokémon appear.  However, when driving a vehicle it is not safe to play under any circumstances. A driver in Baltimore recently crashed into a police car while playing the game. Although no one was hurt in the incident, it serves as a reminder to leave the app closed and keep your eyes completely focused on the road while driving. Watching for Pokémon While Walking Pokémon Go can be a risk whether players are behind the wheel or on their feet. Players have been hurt playing the game when walking, by tripping on rocks and other objects in their path while looking at their phone. In a recent news story, two men in North San Diego County walked off the edge of a cliff while playing Pokémon Go. The men survived, but their experience shows the potential hazard of walking around without paying attention to your surroundings while looking for Pokémon. Go Pokémon Hunting Without Getting Hurt Those who want to play Pokémon Go without ending up at the doctor’s office or in the hospital should take some extra steps to stay safe. These include looking away from the screen often and being aware of your surroundings at all times. Doing so helps reduce the risk of falls and trips when you’re playing while walking around your neighborhood or town. Avoid the temptation to open the app when you’re behind the wheel of your car. Even if you only plan to check your phone for Pokémon at red lights, the game can distract you from paying attention to other vehicles, which can increase your risk of being involved in a collision. If you have been hurt while playing Pokémon Go, please contact our offices to speak to a personal injury attorney or request a free consultation. Source Image credit: www.techradar.com http://blogs.findlaw.com/injured/2016/07/playing-pokemon-go-is-causing-real-injuries.html http://www.latimes.com/local/lanow/la-me-ln-pokemon-go-players-stabbed-fall-off-cliff-20160714-snap-story.html http://sanfrancisco.cbslocal.com/2016/07/20/pokemon-go-player-police-car-crash-caught-on-camera/  
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FOUR AUTOMOTIVE MAINTENANCE BEST PRACTICES TO PREVENT ACCIDENTS

Topics: Auto Accident

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Prevention is the best cure for most things in life. This is especially true when it comes to auto accidents. These four tips will help you prevent many potential accidents on the road. Check Your Tires Routinely Did you know that tire failure is the cause of nearly 11,000 crashes every year? Tires are an important part of routine car maintenance, and tires that are going bad can be deadly on the roads. These three “tests” can help you identify problems with your tires: 1. Tire Tread 2. Tire Pressure 3. Tire Age The tread of the tire refers to the grooves in the tire. Deeper groves means the tire is better able to grip the road while you drive. Test the tread by inserting a penny into the deepest groove on the tire. Make sure you’re using the penny upside down with President Lincoln facing you. If you can see the profile of his entire head, then you need to replace your tires. For tire pressure, the PSI you should expect is listed on the wall of the tire. Use a tire pressure gauge to determine if your tire is properly inflated. The age of your tire is also listed on the wall of the tire. The average tire has a useful life of 60,000 miles or anywhere from six to ten years. Warm Your Car Properly Always allow the car to warm up before going in the morning. Allow it to idle for at least one minute and avoid turning on the heater or air conditioner while it’s warming up. Check Your Coolant Frequently Check your coolant at least once every season of the year. Use this time to check other fluids, such as windshield wiper, power steering, and battery fluids. Change your oil every 3,000 miles. Inspect Lights Regulary Make sure both headlights and taillights work. Without lights that work, others may not see that you’re preparing to make a turn, slowing down, or even on the road at all. Failing to use your lights places you and your passengers, as well as others on the road, at risk of an accident. If you have been in an accident, it’s important to work with a car accident attorney who is on your side. Call the Law Offices of Scott Warmuth today to get advice and guidance on what your next move should be.
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HOTTEST TOY OF THE YEAR PRESENTS HUGE THREAT FOR PERSONAL INJURY

Topics: Personal Injury

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Since the movie Back to the Future II presented the idea in 1989, the release of the long-awaited hoverboard has resulted in many ER trips, dangerous spills, and even a few bursting into flames for no apparent reason. CNN Money reports that there are already lawsuits in the works – one in Alabama was filed after the hoverboard caused a fire in a private home. Another case, in New York, is seeking class action status against the hoverboard maker Swagway as a result of their product catching fire while charging in his home. Current reports state that the US Consumer Product Safety Commission is investigating 22 hoverboard fires in 17 states. This has led many college campuses throughout the country, including Boston University, to ban the boards from all campus buildings amid fire fears. Other universities that have made similar prohibitions include Boston College, Emerson College, George Washington University, and the University of South Carolina, among others. More are expected – at least until a determination has been made about hoverboard safety. Some are blaming the fire hazard on inferior or counterfeit lithium-ion batteries that are often used in knock-off products. In addition to fires occurring with the hoverboards, there are at least two reports of the board exploding: one in New Jersey and another in Louisiana. While many eyes are focused on the fire risk, there are also substantial personal injury risks related to falls from hoverboards. These risks include traumatic brain injuries (particularly among those not wearing helmets), spinal cord injuries, and more. In the instance of the Swagway suit, the CNN Money report claims the company will “vigorously defend” itself against the lawsuit. That may be the case with many companies who create hoverboards. But, considering the risk factors associated with riding hoverboards, it is in your best interest to contact a personal injury attorney if you or someone you love has been injured by falling off a hoverboard – or if you have suffered property damage as a result of one catching on fire. The Law Offices of Scott Warmuth is happy to consult with you to determine whether or not you have a possible case against your hoverboard manufacturer. Call today to schedule your consultation.
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HOW TO DEAL WITH DOMESTIC VIOLENCE CHARGES

Topics: Criminal Defense

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Because relationships can be challenging and because, as humans, emotions can get the best of us, often times an argument or disagreement can result in a very serious and unfortunate result of a Domestic Violence Charge. In other words, tempers might flare, and even small actions can become serious mistakes. A Domestic Violence Charge generally occurs when there is violent or threatening conduct between Domestic Partners, Husbands and Wives, Girlfriends and Boyfriends or even between Family Members who reside at the same Residence. At the Law Offices of Scott Warmuth, we take these charges very seriously because we understand that they can have implications that far exceed simply doing time in custody. In fact, Domestic Violence charges can have Immigration consequences and prevent or preclude one’s ability to Naturalization or Citizenship, there can also be Child Custody issues that result if the abuse or violent conduct takes place in front of a child or minor, there can be the obvious jail time and the damaging effect of a criminal charge on one’s record, and finally, there is also the very real and lasting result on the particular relationship involved. As a criminal defense Attorney, I am not here to judge my clients, I am here to defend them…This approach enables me to help them through the stressful process of the criminal justice process by doing everything I can to protect their rights while building their defense. One case in particular, I recall instructing my Client to voluntarily enroll in an Anger Management Class while attending a weekly AA meeting before even being arraigned at Court. I also went to work immediately on Character reference letters, Witness Statements and had a Private Investigator get a Statement from the alleged victim. Before the Prosecutor was even able to begin making accusations about my client, I was able to explain how the initial report should not be relied upon as the Officer who took the report did not speak Mandarin and did not understand what actually happened on the night in question. I was also able to show tangible efforts that my Client took the charges very seriously and was doing everything in his power to learn and grow in his relationship by learning to not abuse alcohol and by learning to control his temper. In addition, his wiliness to participate in a Domestic Violence Class and complete some Community Service ultimately allowed his case to be dismissed without having to do a single day in jail. More importantly, the reduction and dismissal of the charges did not have any negative consequences on his place of employment or his efforts towards Citizenship. In the end, the classes helped his relationship and I am confident he learned from the entire experience. The Bottom line, is that good people sometimes make bad decisions, and our office does everything to think “out of the box” to allow the Prosecutor more latitude to bring about the best possible resolution for our client.
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INTELLECTUAL PROPERTY: HOW TO HAVE A GREAT IDEA

Topics: Intellectual Property

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It would be nice to think that spontaneous divine inspiration is what moves great ideas forward, changing the world in seconds, but most ideas come from long hard work, where the mind shaped and prepared itself for prime creativity.  When it comes to intellectual property, most all of the best ideas come from planning and routine systems that perfected an otherwise undeveloped thought.  Though it may seem easier said than done, we at the Law Offices of Scott Warmuth have provided some insight below on some of the techniques used to boost your brain into overdrive, and get it ready for your moment of creation.

HOW TO HAVE A GREAT IDEA

 Believe that a breakthrough is possible. Though it might seem an obvious suggestion, often it is our own self-doubt that stifles our potential.  Believing that there is something you can do opens up your creative instincts, allowing your brain to search for answers to what would otherwise be impossible questions. Understand the “what” and the “how.” The “what” regards to what you are trying to achieve, the “how” consists of ways to accomplish this goal.  The reason many people have difficulty with this logic is that the “how” isn’t getting them closer to their “what.”  This can set a destructive cycle for any creation, as it seems to escape reason and therefor possibility.  In order to truly find new concepts, one must let go of their “what” and “how,” and open up the wondering of… “why.” Enter the passion for “why.” The “why” is the desire that drives you to the “what,” which will get you a closer understanding of the “how.” The “why” is usually a more profound reason that the actual “what,” as what drives us to do things usually comes from a deeper wish.  Take a musician for example; their “what” may be to write a song, but their “why” is so that they can impact people’s lives and help change the world.  In order to better understand your “why,” try and exercise your imagination and think of how you’ll feel when you get your desired outcome using all 5 senses.  This will open your brain for a breakthrough. Embrace the unfamiliar. There is an obvious comfort with the familiar, as you are usually surrounded with the tried and true, and likely feel you work best in such a setting.  This however can be a major setback with coming up with new ideas, as it can but you in a figurative box and unable to think outside of it.  Don’t be afraid to shake things up.  If you work in an office, try a different room or outside.  If you write on a computer, use a pencil.  If you usually brainstorm with a certain person, try another.  Anything that gets you away from your normal habits will create an environment that is new and fresh, and possibly closer to that elusive breakthrough moment. Write everything down. Often the best ideas come spur of the moment, but just as these ideas come flying in, they also have a tendency to fly right on out.  Make sure you always carry a paper and pen, and the moment a new idea is fresh, jot it down for future review.  This can also be a way of brainstorming, and though simple phrases or words might only be small pieces of a puzzle, they will help understand the bigger picture. Select the best breakthrough. At the end of your “what, how & why,” it is likely you have multiple answers to each of these questions.  This is a good thing, as it means you’ve considered multiple avenues to get achieve your desire.  Now it’s time to figure out which model works best for you.

OTHER THINGS TO THINK ABOUT

Ask yourself, “What’s Next?” True innovators always see what’s around the bend.  They have a tendency to see what people desire, even if they don’t know they desire.  If you can tap into the social pipeline, you have your fingers on the heartbeat of creation. Do something about what bugs you. Perhaps there is a problem you see around you – could be physical, social, mental, etc. – and can’t find a solution that’s already available.  These are the moments where your own desire to “fix” these problems can lead to an inspired creation. Don’t Give Up! It’s what sets apart people in most cases.  Sometimes it wasn’t a lack of skill or knowledge that stopped a great idea from happening, but one’s own judgement to quit before reaching their goal.
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PROTECT YOUR IP FROM THE WORLD OF SOCIAL MEDIA

Topics: Intellectual Property

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Social media sites have become a great way to promote your business online, attracting new clients and keeping up with what your customers are talking about. However, there are some risks associated with social media sites, especially when it comes to your intellectual property. Intellectual property is defined as a work or invention that is the result of creativity, such as a manuscript, design, company logo, or company intel, that is protected under law against unauthorized use by others. Identifying the problems In many cases, we think very little about what is posted to our social media accounts. However, there is a possibility that some of those postings can reveal information that could potentially put our intellectual property at risk. In addition, there is very little protection offered by most social media sites when intellectual property is used improperly. Interestingly enough, it is not uncommon to attempt to set up a social media account for your business, only to discover that someone else has set up an account with your business name. Preventing issues today and tomorrow Popular wisdom is that when you set up your first website or blog, you should immediately set up accounts on popular social media sites like Facebook, Twitter and LinkedIn (and others) using your business name. This may be a good approach, but what happens when you discover that someone has already done that? This is often a tricky problem that must be addressed. Why social media is fraught with problems Most social media sites, as well as website name providers do nothing to validate the identity of the person opening an account. This means that anyone can use your company name in their website name, their social media accounts and even in their email addresses. Because of this lack of validation, your trademark, your company name and even any slogans you have trademarked could be all over the Internet long before you have established your own presence. Not all bad news Before you start fighting to regain your proprietary name and trademark on the Internet you have a number of tools at hand. Unfortunately, someone who has taken the time to create an account in your name is likely to ignore takedown complaints. The terms of service on most sites allows for individual complaints of intellectual property breaches, but in many cases, as soon as an account is shut down, it can be started back up almost immediately. Another concern is that some sites do not release a name immediately after an account is shut down, which means the damage can be longer-lasting, especially if you are working towards building an online presence. When all else fails, you will have to contact a qualified intellectual property attorney. Keep in mind, the U.S. Copyright Office and the U.S. Patents and Trademark Office maintain records only and are not law enforcement agencies. The Internet through social media has made the world a lot smaller and the chance of your intellectual property being used in a manner that is harmful to your business is significant. You may need an attorney who can litigate intellectual property matters in order to protect your business today and for the future. You can contact The Law Offices of Scott Warmuth to help protect your intellectual property rights. We will be happy to do a free assessment of your case and help you determine the best way to proceed.
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WHAT YOU NEED TO KNOW: HOMELAND SECURITY

Topics: Immigration

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Department of Homeland Security Begins Pilot Program The demand for foreign workers continues to skyrocket across many professional industries in the U.S. Visas such as the popular H-1B, quickly meets the maximum quota available on a consistent basis, and the number of applicants each year is growing. According to the U.S. Citizenship and Immigration Services (USCIS), the Known Employer program entered the pilot stage to determine its potential for success. The program was designed to streamline the process for employers wanting to hire foreign workers. As the competition continues in the science and technological fields, this streamlining is an important step to make sure that the U.S. stays ahead of innovation and meets the demand of businesses within its borders. Process Modification Upon designing the federally recommended program, the Department of Homeland Security (DHS) altered the policies already set in place by the immigration and citizenship control offices. The policy changes should reduce the amount of paperwork and processing required to approve or deny hiring requests. Under the old rules, excessive costs and delays extended the amount of time it took to review employers interested in hiring foreign workers. If all goes as expected, the program overhaul should improve both the timing and accuracy of the review process. Several government agencies will work in tandem to make sure the program stays on target and nets the intended benefits. Program Goals In order to reduce processing times and delays, the agencies focused on eliminating the bulk of the paperwork employers need to file. In addition to keeping paperwork processing to a minimum, the associated agencies do not have to organize and store documents, freeing up resources for other tasks. The agencies also focused on improving the review process to ensure consistent and timely results are achieved through efficient practices. Participation Limited To strategically gauge the potential of the program, the pilot stage will initially allow only nine employers to apply for participation. The approved employers will utilize the newly designed web portal to submit and monitor their applications. All other correspondence, including petitions, will go through the same portal to eliminate redundancy in the process. The pilot stage will last twelve months before undergoing a full evaluation by the associated agencies. The preselected employers can participate throughout the entire year without paying any additional fees. If the program is a success, it will likely be expanded to support all employers looking to hire workers operating under immigrant and nonimmigrant visas. Employers denied the chance to hire foreign workers may benefit from having an immigration attorney file the petition paperwork on their behalf. The Law Offices of Scott Warmuth can provide legal representation to these employers and others facing immigration denials or difficulties. Individuals seeking representation can call 888-517-9888 to set up a consultation appointment today.