Advancement to Florida’s DUI Laws

There is a proposed amendment which is known as House Bill 299 which holds all the Florida DUI laws in a 96 page planned amendment. There are many laws in this House Bill that have the possibility of advancement which will be addressed in some of my following posts, but the topic of today is how it illegal whether prior to or after driving that it is illegal to have a blood or breath concentration of .08 or higher.

If you are drinking and you decide to get into a vehicle and begin to drive, you can be convicted of a DUI. In order to be convicted of a DUI the officer will need to determine if you are over the limit of breath or alcohol concentration. In order to be over the limit you must have an alcohol concentration of .08 or more grams of alcohol per 100 milliliters of blood per 210 liters of breath. It is important to keep in mind that you have the possibility of being stopped by an office regardless if this is before or after you are driving, according to House Bill 299.

Due to the change of this law, it takes away any defense that was available to an individual that was incriminated with a DUI in the past.

In former times, under the Florida Law it has to be proven by the state that the alcohol concentration at the time of driving matched the alcohol concentration present at the time of testing. The Florida Law was then modified and the Courts gave the State a rebuttable assumption that the results as the time of driving and the results at the time of testing were identical. This deviated the burden to the defense which was able to bring in an expert witness to prove that the blood alcohol concentration level at the time of driving was lower than the legal limit established on the absorption of alcohol in the individual.

The new advancement on this law takes this defense away. It makes the assumption that the alcohol concentration at the time of testing was equivalent to the alcohol concentration while driving indisputable.

This means, if an individual goes to a bar, has a few alcoholic drinks maybe a few shots and then instantly drives the short distance back to their home previous to the liquor being absorbed into their system, which is when the individual is not under the influence, subsequently if they are tested and they are above a .08 they can be convicted of a DUI with no dense based on the facts that at the time of driving they were not under the influence.

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4 Things To Know About Hiring a DUI Attorney and the Overall Process

A charge of operating a vehicle under the influence of drugs or alcohol can have serious ramifications. Before proceeding through the legal system without representation, explore how a DUI attorney could help you. This professional assistance can help you make important decisions in key areas of your case.

Professional Opinion

With a case pending against you, it’s likely that you won’t be sure how to proceed. It’s not necessary to hire a professional in order to receive an expert opinion. Speak with an attorney for an initial consultation. Many lawyers provide these consultations to prospective clients for free or for a reduced price. At the end of the meeting, you can have a better idea of how you should proceed and about your chances for overcoming the charges.

Plea Bargaining

Plea-bargaining typically requires the skill of a lawyer. With plea-bargaining, you negotiate with the prosecutor to reduce charges to a lesser offense. A lesser offense will have benefits because the sentence and associated fines will be less than with a more serious charge. A prosecutor may be willing to consider plea-bargaining if it’s unlikely that a DUI case is possible or if factors of a case do not justify a full trial.

A DUI attorney will have the expertise necessary to assess a case to determine whether plea-bargaining is possible. Specific states also have statutes about reducing charges. An expert will understand applicable state statutes to enable plea-bargaining, if possible. If it is possible to plea bargain, the lawyer will then know how to proceed with negotiations with the prosecutor.

Proceeding to Trial

If you have a first-offense charge that does not involve significant damages, it’s likely that you can proceed without representation. However, when a person charged with operating under the influence decides to proceed to trial pleading not guilty, an attorney can provide valuable assistance. Someone with a clean driving history can be a candidate for sentence bargaining, which benefits from expert representation.

Anyone unsure about whether to plead not guilty or guilty may receive necessary guidance from a DUI attorney. The lawyer can present options and possible scenarios to enable you to make a decision. An expert can provide you with information about common outcomes, but don’t expect to receive guarantees about verdicts.

Possible Benefits

An attorney may be able to assist you by avoiding license suspension or reducing the period of time you will be without your driver’s license. The reduced charges the lawyer negotiates for you may also enable you to avoid the expense of classes, which can be costly. It’s also possible that you will be able to reduce fines, incarceration time, and charges that go onto your permanent record.

Although hiring a DUI attorney will be an expense, it is important to weigh the expense against the benefits you will also receive. If the lawyer succeeds in keeping you out of jail or reduces the charges to reduce your fines, the end result can be positive.

When Willoughby Hills, Ohio residents need a DUI attorney, they turn to Robert J. Garrity, Attorney at Law. Learn more at http://www.robertgarritylaw.com/dui.html.

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HSBC and the Renewed Focus on Tax Fraud

The Chancellor of the Exchequer George Osborne recently suggested that more aggressive measures against tax evasion, fraud and avoidance would be included in next month’s budget.

Such measures would target accountants and bankers that aid and abet tax fraud of this kind, including individuals that offer advice on how to evade tax. The move comes after the fallout of the HSBC scandal, where stolen data from the company’s Swiss banking operation revealed details of alleged tax evasion by various wealthy clients of its private Swiss bank. The matter was complicated further when reports showed that some of HSBC’s Swiss clients were offered services that would help them to dodge the tax they owed; for instance, once such service was to provide clients with ‘bricks’ of cash in foreign currencies that were untraceable.
Swiss clients were also given the opportunity to hide undeclared wealth by setting up offshore companies.

The HMRC scandal has sparked a great deal of debate amongst financial experts and governmental employees, with public demand for action rising to the forefront. In response to the growing pressure to respond, George Osborne, during Commons exchanges with Shadows Chancellor Ed Balls, said this about his plans for the budget:

“Anyone involved in tax evasion, whatever your role, this government is coming after you. Unlike the last government, who simply turned a blind eye, this government is taking action now and will do so again at the budget.”

Later it was revealed by a government source that there were plans to introduce new financial and civil penalties to anyone involved in the aiding and abetting of tax evasion.

What is tax fraud?

Tax fraud is a general term that covers different forms of illegal activity related specifically to tax matters. Generally, tax fraud is related to the taxpayer’s intent to defraud the government by not paying taxes that he knows are lawfully due, whether by failing to disclose the correct figures or by knowingly falsifying the figures on a tax return in order to manipulate the amount of tax owed and paid.
Forms of tax fraud include but is not limited to:

• Claiming false deductions
• Claiming personal expenses as business ones
• Failing to report income

The issue of tax fraud is one that continues to be a cause of concern for the HM Revenue and Customs (HMRC) as losses are incurred to the government. Because of this, the crime is a focus for prosecution. If the HMRC suspects a person or business of tax evasion, then they are liable to be prosecuted.

Prosecution in such cases requires a great deal of meticulous analysis by solicitors and accountants. As tax fraud concerns finance, the investigations tend to be very complex and can result in lengthy Court proceedings.

If you have been accused of tax fraud and are seeking representation and legal advice, Stephen Lickrish & Associates will take you through the process with expertise and skill. It’s vital that you receive legal advice as soon as possible in order to ensure the best possible outcome, and Stephen Lickrish’s initial advice & Assistance is free of charge. They also provide legal advice for other crimes, offering services related to duty fraud, benefit fraud and other financially related criminal allegations.

For more legal information on tax fraud, visit http://www.stephenlickrish.com

Article Source: http://EzineArticles.com/expert/Kathy_Helen/2091710

 

The 5 Highest Paying Legal Professions

5 Highest Paying Legal Careers

1. Trial Lawyer

Trial lawyers are among the highest paid legal professionals on earth. There are literally thousands across the globe, with the highest compensated being litigators that handle high profile, high stakes, high dollar cases.

Not all lawyers rake in incomes that are high; solo professionals and many public interest attorneys receive modest wages at best. As stated by the Bureau of Labor Statistics (BLS), the median yearly salary for all lawyers is $110,590. The middle percentile earn between $74,980 and $163,320. However, millions can be earned by the nation’s top trial lawyers.

2. Chief Legal Officer

Chief legal officials, also referred to as general counsels, head corporations law sections. The bigger the corporation the bigger the salary; earnings for lawyers heading big, multi-national corporations may skyrocket to seven figures with experience. Additional to their base pay, chief legal officers additionally receive stock options and other bonuses.

More recently women are claiming more CLO positions, according to the 2011 General Counsel Compensation Survey. For the first time in history, a woman who works at (Altria Corp) topped the charts, taking in $6.5 million in compensation.

3. Judge

Judges and magistrates make a median annual salary according to the Bureau of Labor Statistics of $110,220.The highest paid judges are on the federal level, the pay decreases in order of federal, state, and local.

Besides salaries that are generous, most judges experience healthy benefits, these include expenses paid for and matched contributions to their retirement plans.

4. Law School Professor

Law school professors teach courses, publish scholarly writings, and perform research in their chosen field.

Law school professors currently rank high in America’s best-paying occupations, according to Forbes.com.

Law school professor wages vary by school and by area. According to the Society of American Law Teachers wages ranged from $113,691 to $242,500 per year.

Strong law school professor wages could be credited, in part, to growing law school tuition. Tuition increases have stayed strong above inflation for 25 years, this includes several double digit tuition hikes in the past five years. In the past ten years the United States has seen an impressive nine law schools open their doors, with five new schools awaiting future approval.

5. Litigation Support Manager

As technology continues to evolve and change the face of our planet lawyers with tech related skills are ranking higher on the pay scale. Professionals in the lower tier of litigation support bring in an average salary of $70,882, this is according to the most recent survey by Litigation Support Now, while managers and litigation support directors can earn wages of over $200,000. The highest paid will generally have law degrees or advanced degrees in finance, business or technology.

Litigation support managers handle company-wide litigation support activities, and technology resources. As the need for professionals in this field continues to accelerate, and as long as the pool of individuals capable of filling these positions remains small, their salaries will continue to rise. The shrinking variety of attorneys and the ever-increasing quantity of work driven by cloud computing, e-discovery, and file management as well as other technology needs have created a strong demand for litigation support directors, and this is forcing law firms to go the extra mile for these skilled individuals.

This article has been provided by Alex W Ferraro from http://smyrnalawyerlist.com

Article Source: http://EzineArticles.com/expert/Alex_W_Ferraro/2093351

 

How to Find Great Attorneys to Help You Win Your Case

When you have legal trouble, whether you are going through a divorce, fighting for child custody, or dealing with a DUI, you need qualified representation to help you win your case. Don’t settle for just any lawyer, learn how to choose the best one for your specific situation.

Low Work Load

Attorneys who have low workloads are often able to give you swift and personal attention. Choose a lawyer who has just a few clients on their current schedule, so you are more able to set appointments, have personal phone conversations, and have paperwork filed for court quickly. Choose a professional who works with you on a one-on-one basis rather than letting their assistant or legal aide do all the work.

Specialty

If you have a specific case like divorce or child custody, choose attorneys who specialize in the kind of help you need. They are most likely to be able to file paperwork correctly, make the right arguments in court, and have the persuasive negotiation angles to help things settle outside of court instead of going in front of a judge.

Reputation

Ask your friends or family for the best attorneys in the area, and they will give you their honest opinion. Lawyers aren’t just successful by what they accomplish, they climb the ladder based upon their honest reputation as well. Word of mouth spreads quickly, so you should be able to find a legal expert with fair reviews easily by checking online forums, testimonials on a firm’s website, and just by asking around.

Fees

If you don’t have a lot of money to spend right away, choose legal representation that will let you make spread out payments for their services. Many attorneys allow you to pay a small fee upfront, then pay off the rest of their services as your case progresses. Most lawyers should be able to give you an accurate estimate of their fees upfront, and not vary them as your need for them continues. Choose a person who will understand your budget limitations.

Time

You want legal aid right now, not in a few weeks. Choose attorneys who can get you in their office within a few days, so you can begin working on your case right away. The sooner a lawyer is willing to see you, the sooner they can handle your case.

When you need assistance for your case, the right professional can help you in many ways. Use this guide to help you choose the best experts to assist you, so you can have the best chance of winning your case.

When considering attorneys in Watertown, NY, residents visit the Stanley Law Offices. To learn more, visit http://www.stanleylawoffices.com/.

Article Source: http://EzineArticles.com/expert/Abraham_Avotina/663190