Dealing with Rental Car Accident Challenges in Florida

When a tourist rents a car in Florida, they often believe they are covered by insurance should they be involved in an accident. This is particularly true if they have a family member who lives in the area who is familiar with Florida's Dangerous Instrumentality Law which states the owner of a motor vehicle is responsible should they loan their car to someone who is subsequently involved in an accident which is their fault. The fact is, in 2005, the highway bill signed into law by President George Bush contained a section known as the Graves Amendment which Florida's Supreme Court ruled in 2011 protects rental car agencies from liability.

Vicarious Liability Ruling in Florida

Under Florida statutes, every driver on Florida roadways must maintain specific levels of auto insurance in the event of an accident. Since Florida is a no-fault state, drivers involved in an accident must file a claim through their own insurance company. This is also true when one, or both, of the vehicles involved in an accident are rentals.

Vicarious liability is defined as ".. a legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently." In other words, if you loan someone your car, they have a drink after dinner and they get into a car accident, you may personally be held liable. This is not the case with rental car agencies as they are excluded from such liability under Florida statutes, in large part because of changes in federal laws.

Exceptions to Graves Amendment

There are some important exceptions which you should be aware of if you are renting a car or if you are a victim of an accident involving a rental car. Some of these exceptions include:

• Rental agency failed to train or supervise their employees
• Rental agency was negligent in their rental processes allowing an ineligible driver to rent a car
• Rental agency failed to properly maintain a vehicle which contributed to the accident

As you can see, these exceptions are very narrow and may be difficult to demonstrate.

Dealing with Accidents Involving Rental Cars

As with any automobile accident in Florida there are specific things which must be done immediately following an accident. First, law enforcement should be notified, emergency personnel should evaluate everyone involved at the scene of the accident in the event they need medical attention, and information should be exchanged between drivers. Thanks to a booming tourism industry, there is a chance the other driver may be from out of state, which may complicate issues. Remember, even if they are out of state, the insurance coverage they obtain from the rental agency must meet minimum standards of coverage.

Once you are confident you are safe, and you have sought medical attention, you should immediately contact your insurance company, and an attorney who has experience dealing with accidents involving rental cars.

Why Contact an Attorney After a Rental Car Accident?

Florida no-fault statutes can be very confusing and when a rental car is involved, the process of filing a claim for financial damages exceeding your Personal Injury Protection (PIP) coverage can be confusing. Additionally, there are instances where a serious injury may allow victims to file a claim against the responsible party's insurance. Remember, even if you have been paying your premiums on time, your insurance company may fight paying a legitimate claim after a car accident. This is because their first goal is going to be protecting their bottom line, not making sure you are financially whole after an accident.

When you are the driver of a rental car, and you are the one who suffered an injury, it is even more critical you contact an attorney who understands the complexities of these types of cases. Too often, drivers and passengers in rental cars do not understand what rights they have to compensation and leave it up to the insurance company to determine how much they should be compensated.

Who Actually Covers Damages and Medical Costs?

Rental contracts must comply with Florida law which means there must be a personal injury protection component in the insurance offered with the rental. Nearly every rental agency has maximum amounts of coverage however, so in cases where medical costs and damages exceed this, under insured motorist insurance may cover the difference. Keep in mind, not all rental car contracts require under insured coverage, so it is important to have your contract reviewed by an experience attorney.

Anyone who rents a car should also verify the conditions pertaining to reporting accidents as failure to report in a timely manner could impact your ability to receive any reimbursement for your injuries or damage to your property while in a rental car.

Protect Your Rights with a St. Petersburg Car Accident Attorney

After a car accident, it is important you know what rights you have, particularly if the vehicle was a rental. You should file a claim with the insurance company of the rental agency as soon as practical after an accident and you should seek immediate legal guidance. Remember, the insurance company is looking out for the interests of their shareholders, and the rental agency, not necessarily your interests.

The more serious the injury suffered, the more likely you will need legal assistance to resolve any car accident issue. Chances are, unless there is clear and convincing evidence the rental agency was negligent, you will have to navigate the process of filing an insurance claim on your own. In nearly all cases, it is a good idea to speak with an experienced car accident attorney before you speak with an insurance adjuster — the adjuster will likely ask you numerous questions and in most cases, we recommend referring them to your attorney. 

Image Credit: By Xnatedawgx [CC BY-SA 4.0  (https://creativecommons.org/licenses/by-sa/4.0)], from Wikimedia Commons

Delay of International Entrepreneur Rule

Talented immigrant entrepreneurs — many people are shocked to discover 40 percent of Fortune 500 companies took root thanks to an immigrant or the child of an immigrant. Immigration has been part of the fabric of the United States since its founding. The International Entrepreneur Rule, originally scheduled to go into effect on July 17, 2017 has been delayed. This delay may slow the opportunity for us to attract the best and brightest.

Delay in rule implementation

The Department of Homeland Security (DHS), in response to an Executive Order signed by President Trump has issued memoranda delaying this rule from going into effect until March 14, 2018. Immigration attorneys, venture capital groups, and business owners are responding to this delay vigorously, reminding DHS of the significant contributions made to the U.S. economy by immigrant entrepreneurs.

Visas in limbo

DHS estimated there would be nearly 3,000 entrepreneurs eligible on an annual basis. However, since the rule was due to go into effect this month, those entrepreneurs who met the basic requirements are in limbo. Entrepreneurs would have had to meet very specific requirements, some of which include:

• A major interest in a company that was considered a start up in the U.S. within the last five years.
• Central and active role in such entity; must have assisted with the success of the business.
• U.S. investors must have invested capital into the business; the investors must have had a record of success with previous investments.        
• Awards or grants issued to the start-up by governmental agencies at any level.

Those entrepreneurs, their spouses, and children, would have been eligible to come to the United States for a period of 30

Common legal mistakes entrepreneurs make

Starting a business is exciting and for many, means the first time they were not working for someone else. Those who have decided that working for themselves is the best alternative should be aware of the common legal mistakes that entrepreneurs make. Entrepreneurs with a solid plan to move forward can often find great levels of success and gratification from owning their own business.

Structuring a business

Many entrepreneurs start a business without any formal business structure. Some select a trade name (e.g., doing business as (DBA)) while others may form a sub-chapter S corporation. Unfortunately, as too many entrepreneurs discover later, neither of these business types offer any type of personal liability exemption.  This common mistake can be devastating if a business owner is sued - it can put personal property at risk.

It is also worth noting that the structuring of a business entity does have an impact on tax filings. Entrepreneurs should review both state and federal taxes for businesses before they decide which business structure works best for their needs. For example, not all states recognize a limited liability corporation for tax purposes which could create tax problems that can easily turn into legal problems.

Giving up too much control

Depending on the business, an entrepreneur may decide to being in one or more partners. This decision can be very good for a business, depending on how the agreement with partners has been established. Entrepreneurs should always structure agreements with fellow business partners in a way that allows them to maintain control over the business. Those who bring on two additional partners and give up 25 percent of their business to each may find they lose control over the direction or mission of the business. Entrepreneurs should try to maintain majority control over their business as much as feasible.

Many entrepreneurs who need financing to launch their business will offer equity in return for funding. While this is a good method for securing financing, it can be problematic making long-term decision for the business. Carefully consider all options when exchanging equity for services or financing. The wrong decision could have far-reaching consequences that may impact hiring, purchasing new equipment or growing a small business.

Who needs to worry about estate planning

Estate planning is a must for everyone. The problem is that not every person has the same needs when they are establishing an estate plan. Many people feel that estate plans are useful only for those who have significant assets but the reality is that nearly everyone can benefit from a well-thought out estate plan.  Here are some of the factors that should be considered:

• Tax issues – not only should your estate plan develop a tax strategy for your heirs, but it should also be focused on how to reduce your taxes while you are alive. Oftentimes, this can be accomplished by modifying your investments.
• Bequeathing assets – those who wish to have a portion of their estates designated to a favorite charity or have assets designated to a specific heir are often encouraged to have an estate plan in place.
• Income flow – in addition to being concerned about what happens to your assets upon your death, you want to ensure that your assets are available to help maintain your lifestyle while you are alive. This means carefully planning your investment strategy to include investment options which can supplement any guaranteed retirement income.

Everyone has a different goal for retirement and with a carefully crafted estate plan, your financial services consultant can help you determine which investments are best suited to meet your goals. Remember, there is no one-size-fits-all plan that works for everyone and you need someone who will take the time to consider your overall goals and to review your current and anticipated financial picture.   

Only after careful evaluation can a plan be developed that helps you reach your goals for retirement as well as your goals for how your assets will be distributed upon your death.  Your  financial agent can help you with many of the decision that can have a positive impact on both your retirement and the estate you leave to your family.  Meet with them regularly, especially as you approach retirement age to make sure that your portfolio carefully balances your needs against the risk that should be minimized as you age.

Basic Arkansas Personal Injury Law

Personal injury occurs when someone is injured physically or mentally due to someone’s negligence. Personal injury is a blanket term that defines a broad category of incidents where someone may be liable. Some of the more common types of personal injury include:

• Car accident victims – for those who are injured in an auto accident, a personal injury attorney may help them recover damaged from the other driver. In many cases, insurance companies are going to attempt to keep the amount of a settlement as low as possible in order to protect their bottom line. A personal injury attorney can help ensure victims get the compensation they deserve. Personal injury suits will not help you pay for the damage to your vehicle, but will help pay for medical treatment over the short-term and long-term
• Medical malpractice victims – whether you have suffered because of a missed diagnosis or you have been prescribed medication that exacerbated an existing condition, you may be a victim of medical malpractice. In addition to these common claims, other medical malpractice includes loved ones who suffer nursing home abuse, surgical errors and in some cases, certain birth defects that were caused by a physician’s prescribing medications or failure to recognize warning signs of fetal distress
• Defective product victims – whether you have been administered a drug that is making you ill or you have purchased an appliance that caused you bodily injury, you may be entitled to file a defective product claim. A Arkansas personal injury attorney can help you determine your rights under the laws and make sure you get the compensation you deserve

Understanding statutes of limitations
Arkansas law is very specific about when you must file a claim for personal injury. The statutes are

Arkansas Drug Laws: Classifications

Although some states have legalized marijuana and others have relaxed their rules regarding possession for personal consumption, Arkansas is not one of those states. This means residents need a thorough understanding of Arkansas drug laws and the implications of being found with even small amounts of marijuana or any other drug. Anyone in Arkansas who has been arrested due to possession of marijuana needs a criminal defense attorney to help them fight the charges and potentially avoid a lengthy prison sentence, especially if you have been previously convicted.

Classifying the possession of drugs

As in most states, Arkansas uses a classification process for drugs. Each "class" has specific characteristics. The classification of drugs in Arkansas is:

• Schedule I - which have the highest potential to be abused and includes hallucinogens and opiates
• Schedule II - these drugs typically may be prescribed for a patient but are also likely to be abused. These drugs include amphetamines and raw opiates
• Schedule III - with a lower expectation of dependence, the drugs in this class include anabolic steroids and pentobarbital 
• Schedule IV - prescription drugs like diazepam and tramadol with accepted medical uses and lower chance of addiction
• Schedule V - many over the counter drugs like pseudoephedrine fall into this category. They are considered the least dangerous drug with the lowest likelihood of addiction
• Schedule VI - marijuana falls into this category and most people believe they are the "most dangerous" drugs with the highest likelihood for abuse and addiction

Classification of drug penalties

Drug possessions are classified as misdemeanor or felony charges depending on amounts as well as drug classification. It is worthy of note than a "gram" is actually considered "0.035274" (three tenths) of an ounce which is a very small amount.

Possession of a Schedule I or II drug, other than methamphetamine or cocaine is a felony.  Felony charges are broken into three categories, depending on the amount you possess.

• Class D felony - possession of less than two grams
• Class C felony - two grams to one ounce
• Class B felony - possession of one ounce to three and a half ounces

Schedule III drugs have less stringent penalties in so far as they do have misdemeanor classification. Charges for possession include:

• Class A misdemeanor - possession of less than two grams
• Class D felony - possession of more than two grams but less than one ounce
• Class C felony - possession of one ounce but less than seven ounces (200 grams)
• Class B felony - possession of less than 14 ounces (400 grams) but more than seven ounces (200 grams)

Schedule IV and V drugs have the same classifications for misdemeanor and felony charges. They are:

• Class A misdemeanor - possession of any amount under one ounce (28 grams)
• Class D felony - possession of any amount between one and seven ounces
• Class C felony - possession of amounts between seven and fourteen ounces
• Class B felony - possession of more than fourteen ounces but less than twenty eight ounces

Schedule VI drugs present a more nuanced approach to charges since oftentimes, consideration for prior acts as well as amounts are included in the determination of how to file charges which include:

• Class A misdemeanor - no prior possession charges and found in possession of less than four ounces
• Class D felony - two prior convictions for possession and found in possession of one to four ounces or possession between more than four ounces but less than ten pounds
• Class C felony - possession of  more than ten pounds but less than twenty-five pounds
• Class B felony - possession of  more than twenty-five pounds but less than one hundred pounds
• Class A felony - possession of more than one hundred pounds but less than five hundred pounds

Keep in mind the higher the amount, the more likely you are to be charged with possession with intent to distribute. This will enhance the charges against you and can be very serious if you have had previous convictions for possession of any substance.  In the next portion of the series, we'll discuss the potential sentencing you may face if you are arrested, tried and found guilty of possession charges.

Keep in mind, if you are arrested for any type of drug possession, it is imperative to contact an Arkansas criminal defense attorney immediately. You have far more at risk than facing a criminal charge including potential issues finding work and housing, losing your right to bear a firearm and your right to vote.

Image credit: FreeDigitalPhotos/Scottchan

Arkansas car accident stats and injuries

During 2011, there were more than 50,000 car accidents in Arkansas. More than 17,000 accidents resulted in serious injuries and more than 500 resulted in death while the others caused property damage. Car accident injuries are a constant source of concern and when you review the statistics provided regarding car accidents, it is frightening to review the causes of accidents.

Causes of accidents

Let's face it, regardless of the cause of an accident, the fact you are facing serious injuries or may have lost a loved one is devastating. However, when you look at many of the causes, it is immediately clear that many of these accidents could have been avoided. Some of the primary causes of accidents include:

• Careless driving - in 2011, more than 17,000 accidents were caused by careless driving
• Ignoring traffic signals - of the more than 50,000 accidents, more than 1,000 were caused because a driver ignored a traffic signal
• Impaired driving - more than 1,800 accidents were caused by a drunk driver
• Road conditions - more than 3,000 accidents were caused because a driver was going too fast for road conditions

When you are involved in an accident

There are some steps you must take after a car accident to ensure your safety as well as gather

Personal Injury Law: Construction accidents

There are countless jobs that carry inherent risks such as firefighters, police officers and other law enforcement roles. While the people who enter these professions understand the risks, there are other jobs that present serious hazards that may be overlooked. One of the fields with a high number of accidents is the construction industry. In fact, the Bureau of Labor Statistics has records that show that for every one hundred full time workers, four will be hurt on the job. This statistic should be sufficient to frighten anyone who works in the construction industry.

Unsafe equipment, falling from scaffolding, incidents with forklifts and other similar problems occur all the time at construction sites. The more "specialized" the work, the more likely you are to be injured; the same study indicates an uptick of nearly three tenths of a percent in injuries in more specialized construction fields.

Equipment and maintenance failures

Unfortunately, the most rigorous inspection processes cannot always stop equipment failure. Even when a company takes precautions, such as using harnesses and other safety equipment on scaffolding, accidents do still happen. While safety equipment may help minimize the risks, there is still a potential for serious injuries. Here are some of the other things that might go wrong at a typical construction site:

• Problems with power tools - power tools can short out and cause electrocution, flying debris from power tools can cause eye, face or head injuries, and they can also cause the loss of fingers, toes and more. Regardless of how well equipment is maintained, the possibility does exist.
• Cranes and winches - unfortunately, this equipment must be operated by someone with a high level of training and good safety training. This may not always prevent an accident however, since these large pieces of equipment can tip over and cause not only the operator life-threatening injuries but also may cause injuries to people who are in the general area.
• Falling debris - nearly all of us have been in construction zones (or destruction zones!) and seen debris falling from building roofs or open (or unfinished) windows. If the area around the building is not properly corded off, people can get hurt. The velocity of something falling from a roof or upper window can cause head injuries and in extreme cases, can even cause death.
• General obstructions - let's be honest, construction sites often have numerous people working on different projects at the same time. What many companies fail to do is to ensure that the work areas offer sufficient space for navigating around workers and equipment. This can cause trip and fall accidents or other similar accidents.
• Ladders - too often, ladder rungs become unstable causing potential hazards. Too frequently these unstable rungs cause people to fall from ladders without any safety net below them. These types of falls can cause life-long disabilities or death.

Water related work and accidents

While most of us think that working near water implies that you are working as a dock worker, fisherman or other occupation, there are countless waterside construction projects that occur all

Arkansas theft and shoplifting charges

Being charged with shoplifting or petty theft may seem rather inconsequential when it happens, however, if you are convicted of either of these Arkansas theft charges, the long-term ramifications may be more significant than you think. An Arkansas theft conviction can follow you for the rest of your life and result in lost job opportunities as well as difficulties finding a home.

Understanding Arkansas theft charges

Like most states, Arkansas has "degrees" of theft. The charges vary based on the value of the property and/or the methods used to obtain that property. The most common theft charges fall into these categories:

• Class A Misdemeanor - the theft of property where the value is less than $1,000
• Class D Felony - stolen property is valued at under $500 but the theft(s) occurred as a series; e.g. three or more occasions over three days
• Class D Felony - theft of property valued at more than $1,000 but less than $5,000 or stealing a firearm valued at less than $2,500
• Class C Felony - property valued between $5,000 and $25,000 was stolen or a firearm was stolen valued at more than $5,000
• Class B Felony - any theft that involves property valued at more than $25,000

The penalties for Arkansas theft convictions

When a someone is convicted of theft in Arkansas, the penalties vary based on the class of theft as well as whether or not shoplifting was involved. In the case of shoplifting, the person convicted may

Minnesota Premises Liability Laws

Property owners have a responsibility that must be taken very seriously. Whether it is a business opening their doors for the first time or a homeowner, a duty of care must be extended to all invitees. Whether you are going to a shopping center or visiting a neighbor, your safety is the concern of the property owner or the person who is occupying the property.

When Someone Else is Liable

Naturally, accidents can happen at any time, for any reason. However, the basics of premises liability is an injury could have been prevented had the property owner or occupier exercised a reasonable level of care to ensure invitees were safe while on the property.

Hazards Resulting in Premises Liability Accidents

Premises liability cases are some of the most challenging claims to process because they must be thoroughly investigated. In Minnesota, one of the most common types of premises liability cases are due to failure to properly remove ice or snow from common areas. However, there are other types of premises liability cases that are far more complex and require more investigation. Some of these include:

• Injuries due to improper lighting — lighting must be adequate in all areas of a property including parking lots, garages and walkways. One must first be able to prove the owner of the property had knowledge the lighting was insufficient; if the lights were recently burned out, they may not have been aware of a problem.
• Flooring issues — if a floor is highly waxed, there is damaged carpeting or there are uneven spots in floors, these can cause slip and fall or trip and fall hazards. These conditions are typically more long-term and they should have been brought to the attention of the owner and repaired.
• Poor security — this is concerning in commercial facilities where an invitee may be assaulted in a parking lot or garage. If a property owner was aware they were in a bad area and had not taken proper precautions to protect persons entering their premises, they may be held liable.

These are only a few of the common types of hazards that could result in a property owner being

Minnesota Gun Possession Laws

Minneapolis criminal defense attorneys know it is not uncommon to have a client call about gun charges they are facing. Gun laws must be obeyed and there are very specific laws about who may not own or be in possession of a firearm. 

Both federal laws and Minnesota laws contain specific prohibitions on possession of a firearm and certain individuals may be denied a permit to carry or purchase a weapon .When these individuals are found in possession of a firearm, they can face serious criminal charges. Some of the common reasons for being denied rights under the Second Amendment include:

• Conviction or outstanding charges for violent crime
• Conviction resulting from domestic violence
• Users of illegal drugs are barred from possessing a weapon
• Illegal entry into the United States or renouncing U.S. citizenship
• Those who are dishonorably discharged from military service
• Those who have been found to be mentally disabled or ill

Federal Drug Charges: Real Consequences

When you are facing charges on a federal drug charge, you will want to immediately contact a criminal defense lawyer to avoid facing minimum sentencing requirements. Even a first federal offense for manufacturing, distributing, or possessing with intent to distribute, can mean as long as ten years in prison and even longer if someone is injured.

Someone who is convicted of possession of 50 g+ methamphetamine could face federal charges for distribution or possession. While there are some instances where these charges could result in five years incarceration, the consequences of a federal drug charge are significant.

Life after federal conviction

Once you have served a significant period of time in prison for a federal drug crime you will face many obstacles including:

• Restoration of voting rights - in order to regain the right to vote you will have to finish any probationary period and pay all fines.
• Firearms rights - you may lose your right to own a firearm and if found with one you could face additional felony charges.
• Lifetime of felony acknowledgement - job applications, loan applications and even apartment building owners may ask if you have ever been convicted of a felony. If you have to answer yes, your job prospects as well as where you can find a home may be at risk if you are convicted of a felony.

Whether you are facing federal drug charges, charges under RICO statutes or other crimes that may involve a conviction for a federal crime, you need an attorney who can fight for your rights in federal court. Do not take these charges lightly as they will have a lasting impact on your freedom and your life. Contact a qualified federal criminal defense attorney if you are facing felony charges and let us help fight for your freedom and your future.

Louisiana Personal Injury Law

Louisiana personal injury occurs when someone is injured physically or mentally due to someone’s negligence. Personal injury is a blanket term that defines a broad category of incidents where someone may be liable. In most cases, personal injury claims are the result of negligent behavior or accidents caused by circumstances that could have been avoided. What are some common reasons people file personal injury cases?

• Car accidents – for those who are injured in an auto accident, a personal injury attorney may help them recover damaged from the other driver. In many cases, insurance companies are going to attempt to keep the amount of a settlement as low as possible in order to protect their bottom line. A personal injury attorney can help ensure victims get the compensation they deserve. Personal injury suits will not help you pay for the damage to your vehicle, but will help pay for medical treatment over the short-term and long-term.
• Medical malpractice – whether you have suffered because of a missed diagnosis or you have been prescribed medication that exacerbated an existing condition, you may be a victim of medical malpractice. In addition to these common claims, other medical malpractice includes loved ones who suffer nursing home abuse, surgical errors and in some cases, certain birth defects that were caused by a physician’s prescribing medications or failure to recognize warning signs of fetal distress.
• Defective products – whether you have been administered a drug that is making you ill or you have purchased an appliance that caused you bodily injury, you may be entitled to file a defective product claim. A Louisiana personal injury attorney can help you determine your rights under the laws and make sure you get the compensation you deserve.
• Premises liability – when you slip and fall, get hit by falling objects or are a victim of violence in a location that was poorly lit or had inadequate security, you may have the right to sue the owner of the property.

What to do if you suffer an accident because of someone else’s negligence

When you are injured because of someone else’s negligence, you may be entitled to remuneration for your injuries, for lost wages and for medical care including rehabilitation therapy, hospitalization, medications and doctor’s visits. However, you often have to fight for these rights since insurance companies are likely to fight you every step of the way. This is why you need to call a personal injury attorney as quickly as possible after an accident that was caused by negligence.

Louisiana law is very specific about when you must file a claim for personal injury. In nearly all cases, victims or their families are required to file a claim within one year. This is true whether you are filing a bodily injury claim after an automobile accident or whether you are filing a claim on behalf of a loved-one that lost their lives for any reason.

Victims of bodily injury may be eligible to receive compensation for medical treatment(s), lost wages, loss of consortium and pain and suffering. However, without contacting an attorney who understands the personal injury statutes, you may wind up at the mercy of an insurance company who is determined to pay as little as possible on your claim.

California Domestic Violence: What Happens if Victims Won't Testify?

You are facing domestic violence charges in California. You do not believe you have done anything wrong. The person who filed the complaint has since refused to cooperate with an investigation. This means you are probably wondering: Can someone be prosecuted for domestic violence even if the victim refuses to testify at trial? The simple answer is yes, the more complicated answer is maybe.

Domestic Violence Prosecutions

Domestic violence victims may be protected in two ways. The first is by invoking spousal privilege. The other protection is offered in California CCP 1219 which allows the victim to avoid testifying against the perpetrator of domestic violence. As a defendant, your prosecution will depend on the District Attorney's office and they may use any evidence that helps support their case without the assistance of a victim.

What Type of Evidence Exists?

While the prosecutor may have a problem proving their case without a witness, your criminal defense attorney will need to know what other evidence exists of domestic violence. Some examples include:

• Police reports – were the police summoned to the home due to a 911 call from the victim or a third party? If the victim called, the 911 call may be admitted as evidence. Because it would be considered an “excited utterance” the call may not be considered hearsay.
• Medical reports – if the victim sought medical care there may be medical reports and photos taken at the hospital. These may be used to prosecute the defendant even if the witness refused to testify.
• Witness testimony – some cases of domestic violence may be prosecuted based on witnesses to the incident. The presence and availability of a witness may bolster the prosecutors case. However, in many cases, the only witnesses only heard the altercation and were not physically present.

Arkansas: Implied consent and DUI

Like many other states, Arkansas drivers are bound by implied consent laws. Implied consent means when you applied for your drivers license, you agreed should you be pulled over on a suspicion of driving under the influence (dui) you would subject yourself to a "field sobriety test", which is generally done using a breathalyzer at the scene.

What is implied consent?

According to the legal dictionary, implied consent is "Consent that is inferred from signs, actions, or facts, or by inaction or silence". In effect, your action (e.g., getting behind the wheel of your car) means your action gives law enforcement officers the right to request a toxicity screening.

What happens when you refuse?

Interestingly enough, the refusal of a breath test may be as damaging (or more so) than actually taking the test. Taking a blood alcohol test of any kind may prove you have been drinking however, refusing to take one may be used against you when you go to court as the officer may bring this to the court's attention and use it to say "refused to take BAC". This could result in the court feeling you were hiding something.

Your driver's license and refusal

According to the Arkansas Department of Finance and Administration (who handles driver's licensing in Arkansas) when you are arrested, the officer will take your driving license. In place of your license, you will receive a slip that allows you some temporary driving privileges. This slip also notifies the driver they must make arrangements for an Administrative Hearing within a specific time period. Keep in mind, these hearings are not the same as going to court but may have serious consequences. In the case of a refusal to submit to a BAC, this will be noted during this hearing and could result in suspension of your driving privileges for upwards of six months. Specifically the rule is  "If at the hearing, the person is found to driving while intoxicated, or registered a BAC .08%, or refused the BAC test the driver’s license will be suspended for 6 months for 1st offense DWI, and/or 180 days for 1st offense Refuse Test."

When you are stopped for a DUI or DWI, it is imperative you follow the instructions of the law enforcement officer. Be sure to contact an Arkansas DUI attorney immediately to help you protect your rights. While you may refuse field sobriety tests, it is important to understand the long-term ramifications of this decision.

Image credit: FreeDigitalPhotos/Praisaeng