» test

Austin, TX (Law Firm Newswire) August 9, 2016 – Although the Supreme Court recently made significant changes to what police are permitted to do if they pull over a suspected drunk driver, those changes may not yet affect Texas DWI law. However, they do create the potential for more changes in the future. The most important part of the recent Supreme Court ruling states that a law may be enacted to allow law enforcement to conduct a breathalyzer test even if they do not have a warrant. Put another way, the Supreme Court would not strike down a law making […]


Continue reading full article »

Southfield, MI (Law Firm Newswire) April 12, 2016 – Wilson Molinares killed four members in a family of six by crashing head-on into their van on I-35 Texas in the early morning hours of a recent Friday. This wrong-way crash was caused by a suspected drunken driver speeding south in the northbound lane of I-35 Texas. Police in the area received several calls that there was a wrong-way driver careening down the highway. Seconds later, a 911 call advised police there had been a collision. “The crash scene was one of the worst the local police had ever seen,” said […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) March 2, 2016 – A federal agency has proposed steep fines for an Illinois scrap firm over worker safety violations. The Occupational Safety and Health Administration (OSHA) proposed a $366,400 penalty for Rockford, Illinois-based Behr Iron & Steel. The penalty was proposed for five willful safety violations and nine serious violations, at the firm’s Rockford and Peoria facilities. “Illinois workers are at much greater risk of serious injury and death than they should be,” said Robert Briskman, a Chicago work injury attorney with Briskman Briskman & Greenberg. “It is outrageous for companies to engage in […]


Continue reading full article »

Tampa, FL (Law Firm Newswire) January 21, 2016 – Young drivers and senior drivers are the age groups that are involved in the most car accidents, in Florida and throughout the United States, according to national statistics. Drivers age 16 to 29 have the highest rate of car accidents per miles driven. This may be unsurprising, as young drivers are inexperienced and may be more reckless. However, fatal crash rates also increase significantly for drivers age 70 to 74 and hit a peak for drivers 85 and older. That crash rate is of particular concern because the number of senior […]


Continue reading full article »

Miami, FL (Law Firm Newswire) January 12, 2016 – Teenage drivers and senior drivers cause more car accidents than other age groups. According to national crash data, drivers age 16 to 29 are responsible for more collisions than other age groups. The crash rate decreases with age, until the senior years are reached. There is a large increase in the fatal crash rate for the 70 to 74 age group, and the crash rate peaks for drivers age 85 and older. “Drivers of any age need to take precautions to stay safe on the road,” said Jason Chalik, a Florida […]


Continue reading full article »

Brandon, FL (Law Firm Newswire) December 30, 2015 – The Consumer Financial Protection Bureau recently finalized a rule that overhauls the disclosures that mortgage lenders are required to make to borrowers. The rule, called “Know Before You Owe,” replaces four disclosure forms with two new ones. They are the Loan Estimate and the Closing Disclosure. The new forms are intended to be easier to understand and must be provided to the borrower three business days before closing. O. Reginald Osenton, a bankruptcy attorney, said he thinks the new forms are an improvement. “Understandable disclosures are vital to having informed consumers,” […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) October 26, 2015 – Entrapment is an affirmative criminal defense utilized in a situation where law enforcement induced someone to commit a crime that he or she would not have otherwise committed. An affirmative defense means the defendant must prove entrapment. When entrapment is used as a defense in a criminal case, it assumes that an ordinary citizen would have resisted the temptation to commit a specific crime but for having been provided with some incentive by police. In a number of U.S. jurisdictions, entrapment may be used as a defense against criminal liability. The […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) October 13, 2015 – After 17 years of enduring sexual harassment and gender discrimination in the workplace, a female firefighter has spoken out publicly after filing suit against her battalion. Dena Lewis-Bystrzycki, a firefighter in Country Club Hills, Illinois, continues to be embroiled in a lawsuit she launched against her battalion in 2012. The suit alleged sexual harassment and gender discrimination, as well as other unwelcome behavior that was rampant in the workplace. Lewis-Bystrzycki was also recently suspended from duty, a move her legal counsel considers to be retaliation for filing the lawsuit and telling […]


Continue reading full article »

Austin, TX (Law Firm Newswire) September 30, 2015 – Be on the lookout for a couple of driverless Lexus SUVs in Austin, Texas. Google has landed, bringing its newest technology to the second test location on its list. According to the latest information provided by Google, the Lexus SUVs are on the ground and taking trips in a small area north and northeast of downtown Austin. A backup driver sits behind the wheel just in case. “Personal injury lawyers have their reservations about driverless vehicles,” said Austin accident attorney, Brooks Schuelke of Perlmutter & Schuelke, PLLC. “There are too many […]


Continue reading full article »

Northville, MI (Law Firm Newswire) September 10, 2015 – More than 35,000 combat veterans have had their health care enrollment delayed due to an error in the U.S. Department of Veterans Affairs (VA) computer system that automatically put them onto a list of pending applications. The veterans were erroneously put on a waitlist for failing to complete a means test. The VA system requires veterans to fill out a form about household income in order to be considered for health care enrollment. However, the policy does not apply to combat veterans, who are entitled to five years of free health […]


Continue reading full article »

Austin, TX (Law Firm Newswire) August 27, 2015 – Stephanie Gurney fell to her death from the side of a communications tower that she was climbing. She was trying out for a job with a tower maintenance company. “This is an unusual case,” said Brooks Schuelke, a personal injury wrongful death attorney in Austin, with the firm Perlmutter & Schuelke, PLLC. “Apparently, the deceased was climbing a communications tower as part of a trial to see if her climbing abilities would land her a job with Jostan Communications. She was with her boyfriend and the prospective employer the day of […]


Continue reading full article »

Austin, TX (Law Firm Newswire) June 30, 2015 – Ten years ago a deadly explosion ripped through Marathon Petroleum Corp’s major refinery. Flash-forward to 2015 and there are allegations that safety precautions put in place a decade ago are being discontinued. Currently, several former employees and seven current workers at that location have filed a complaint to the Occupational Safety and Health Administration (OSHA) in relation to how workplaces are reporting illnesses and injuries. The workers chose to file a complaint as they feel Marathon is about to disregard voluntary safety practices put into play after the 2005 explosion. BP […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) April 29, 2015 – Among the many factors that go into determining a convicted offender’s sentence is mental capacity. A defendant’s mental incapacity, once proven, may result in delayed sentencing until the individual is deemed better or may result in a reduced sentence under U.S. Sentencing Guidelines. Judges decide each case on its merits, as no two cases are ever the same. Diminished capacity is not applicable as a defense if the defendant’s mental incapacity was the result of voluntary ingestion of drugs or alcohol. State laws tend to vary on this issue. Also it […]


Continue reading full article »

Orange County, CA (Law Firm Newswire) January 26, 2015 – The state of Mississippi does not recognize same-sex marriages. A divorce case before that state’s Supreme Court may change the national marital landscape. In 2013, a Mississippi County Chancery Judge ruled the state’s constitution and statutes forbade him from granting a divorce to a same-sex couple. The women were married in California in 2008, and could have obtained a divorce in that state. However, they moved to Mississippi to buy a home and ended up going their separate ways in 2010. The foundation of the argument before the Supreme Court […]


Continue reading full article »

St. Peters, MO, (Law Firm Newswire) December 22, 2014 – In November, Greene County announced that no-refusal DWI checkpoints will be created throughout the county, allowing police to compel DWI suspects to give blood samples through the use of warrants. As the holidays approach, it is likely that other Missouri counties will follow suit. For New Year’s Eve 2013, St. Louis police declared the whole city a no-refusal zone, and then made the policy permanent throughout the city beginning January 1, 2014. “People really need to understand how the no-refusal policy works and what their rights are, because these tests […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) October 30, 2014 – The consequences for DUI/DWI vary from state to state and if anyone is injured or killed, the penalties escalate. “Make certain you clearly understand the laws in the state where you live, as each state has its own set of laws dealing with DUI/DWI. This is not to say that the actual blood alcohol concentration (BAC) limit is different. It is 0.08 in every state, although there are calls to reduce the level to 0.05,” explained Lakeland criminal defense attorney Thomas C. Grajek. First-time offenders are not necessarily subjected to the […]


Continue reading full article »

Austin, TX (Law Firm Newswire) October 20, 2014 – A recent federal court ruling in Texas stated that a man arrested numerous times for taking video footage of the police has both the right to file a lawsuit against the force and the right to photograph or film them in the first place. “The ruling could impact drivers arrested for DUI,” said Austin personal injury attorney Brooks Schuelke, who is not involved with the case. “Filming police in public has been a touchy issue for years. This particular case may change how the police handle DUIs.” Law enforcement prefers not […]


Continue reading full article »

St. Peters, MO, (Law Firm Newswire) October 10, 2014 – A 19-year old man has been charged with driving while intoxicated after he crashed into a school bus. He admitted to officers on the scene that he had taken methadone before driving. The driver, Columbia, Missouri resident Devin Barnes, claims that he takes methadone under a doctor’s prescription as a treatment for heroin abuse. “This arrest raises a host of legal issues,” commented Charlie James, a Missouri DWI lawyer who does not represent Barnes. “Methadone can be taken legally with a prescription, but it is still a controlled substance. In […]


Continue reading full article »

Tampa, FL (Law Firm Newswire) September 29, 2014 – Tampa’s Lee Roy Selmon Expressway has become a testing ground for driverless cars, an emerging technology that could help prevent thousands of automobile accidents. The upper part of the expressway was closed to traffic on July 28 as Audi tested a system called Traffic Jam Pilot, which will make it possible for drivers to let an automobile drive itself in stop-and-go traffic under 40 miles per hour, with the driver available to take back over with ten seconds’ notice. “Hopefully, this technology will succeed in reducing injuries and deaths from automobile […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) September 26, 2014 – Employers in some states may legally refuse to hire a smoker. Some employers will screen job candidates during the hiring process, and some include a nicotine test. At such companies, a positive result will disqualify a candidate. This practice is allowable under federal law. However, if a person is hired, many states forbid employers from firing the worker after a negative drug test or if the worker becomes a smoker while employed. “For the most part, an employer may ban smoking in the workplace. Demanding a smoker step outside to smoke […]


Continue reading full article »