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Do DUI Laws Apply When Riding A Bicycle?

DUI stands for driving under the influence. The term is pretty self-explanatory, and everyone knows that driving a motor vehicle under the influence of alcohol or other drugs is illegal. It is illegal because alcohol impairs your judgment and vision, two things that are important for maintaining safety on the road. 

All states in America prohibit drinking and driving. Now, the question arises- can you ride a bicycle on your way home after drinking alcohol at a party? To prevent being charged with criminal offenses and ruining your record, you must educate yourself about the DUI laws in your state. A Portland bicycle accident lawyer can help protect your rights and represent your case. 

Do DUI laws apply to bicycle riders?

Whether DUI laws apply to bicycle riders depends on which state you reside in. All the states of the US have different laws. In some states, DUI laws do not apply to bicycles as their definition of “vehicle” is motor vehicles, which does not include motorless bikes. Thus, DUIs only cover motor vehicles. However, in a few states of the US, there are laws prohibiting biking under the influence. These laws are called drunk biking laws rather than DUIs. 

Can you receive a DUI charge as a cyclist?

As we have stated above, cyclists can get charged for biking under the influence rather than DUI. If you are caught biking under the influence of alcohol, you can face similar charges as a DUI. Drunk biking charges are in no way lighter than DUI charges, and thus, you should avoid them as much as possible. Parents must also discuss the health and legal consequences of such practices with their children. 

Why do drunk biking laws exist?

The government has established drunk biking laws because, even though a motorless bike is not as fast and powerful as a motorcycle, it can still pose a threat to the rider and other people on the road. A cyclist with impaired vision is very likely to crash into oncoming traffic and hurt themselves. Accidents like these have a very high probability of resulting in death. 

Can you fight a bicycle DUI charge?

Generally, drunk biking laws are the same as a motor vehicle DUI charge. However, prosecutors might agree to offer a plea bargain for the bicycle case, which is not a common scenario in motor vehicle cases. This is because the government’s main aim is to enforce laws to minimize the risk of accidents on the road. And since bicycles pose less risk than motor vehicle accidents, prosecutors might be more lenient. 

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Legal Reasons For a Divorce

There are many reasons why you could be filing for a divorce. However, only some reasons are accepted legally and need to be specific for a divorce process. A Mankato divorce attorney can help in various ways by reviewing and understanding your case and discussing common divorce grounds that can be used against your spouse legally.

A few of the legal reasons accepted for divorce are as follows:

Adultery

Adultery is used as a divorce ground when your spouse has had an inappropriate relationship with someone else while still being married to you. You can file for a divorce within six months of finding out that your partner cheated on you. However, adultery cannot be used as an excuse if, for any reason, you continue to live with your spouse after being aware of the matter. 

Desertion

Desertion is rarely used as a divorce ground. It means when your spouse leaves you without any reason and has already ended your relationship with them. They must have deserted you for almost two years. 

Unreasonable behavior 

There are two common situations when you can use unreasonable behavior. 

  1. When an unreasonable behavior has occurred, it can consist of various reasons like domestic violence or drinking problems, or lack of support in the family’s financial matters. 
  2. When none of the other grounds apply for your divorce, and you and your spouse drift apart and wish to no longer continue your marriage.

If you are using unreasonable behavior as a divorce ground, the behavior should have occurred less than six months before filing for a divorce case.

No-fault divorce 

Under this ground, you can file for a divorce if you and your spouse have mutually decided to get separated. This ground has recently come into action and is not yet followed in every state.  

In a no-fault divorce, there is no evidence required to prove that your marriage is broken down. The statement of separation can be sole or joint and must be signed by one or both partners.

Living apart (2 to 5 years)

If you and your spouse have been living apart for almost two years without any agreement, you can use this as a ground for divorce. This can also be used when you are living apart for five years. Even if your spouse does not agree to this ground, you can file for a divorce process.

In addition to this, various other grounds can be available for you, depending upon your case type. Your trusted attorney will provide you with more information about the grounds and how and when it can be used in your divorce case. 

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Post-Hire Background Checks

The value of pre-employment background checks is clear, and the data bears this out; more and more companies every year are incorporating some level of background checks into this onboarding process. But what about post-hire background checks? Conducting regular post-hire reviews is an effective way to remain compliant with all laws regarding employment and criminal behavior and makes you aware of any issues that might have arisen after hiring.  

Let’s take a brief look at the whys and hows of post-hire background checks:

Why: Safety

The number one why is safety. Past behavior doesn’t predict future behavior. This caveat is important to remember when discussing background checks. Previous criminal behavior doesn’t foreshadow future criminal behavior, which is why there are laws in place to prevent discrimination based on a criminal record. But it’s also true that a past free from the criminal activity does not perfectly predict a clean future. Employers are responsible for their workplace safety, and regular background checks of current employees are one way to minimize risk. 

How: Getting Started

Update your policy.

Update your employment background screening policy to include post-hire checks and have your new policy reviewed by your legal counsel. Your policy should include the following:

  • How and when you will conduct background checks
  • Who you will be checking and why
  • A statement that your background policy applies uniformly across all employees in the stated positions.
  • A request that employees be proactive about reporting anything that might show up in a routine check.
  • Make it public.

Notify current employees and applicants about your policy. Make communication about your policy ongoing; one and done does not apply here. 

Consider Compliance

Post-hire background screening requires the same commitment to compliance that pre-employment screening does. Work with your screening vendor to define and implement fully compliant processes. When adverse actions are warranted, be sure to follow all the required protocols. And, when in doubt, document it. 

Commit.

Once you’ve defined your policy and informed your team, it’s time to implement and follow it. It’s one thing to say you have a background check policy that requires post-hire checks every six months (or whatever you decide); it’s quite another to adhere to that policy and follow through. An ignored policy has no value. 

Ready to Get Started?

Protect your organization with a post-hire background policy today. Remember to respect your team by providing good communication about the policy, what’s required, and why it’s being implemented. This allows everyone to feel good about the additional safety a solid post-hire background check policy provides. 

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When Should I Hire a Wage and Hour Attorney- Top Reasons You Must Know!

If you are finding your employer is not paying you honestly, like cutting your wages without reason, or not paying you for working overtime and other related wage thefts you should ask for Hartford wage and hour attorney for help. Payments and wages of an employee are governed by federal and state laws. These laws are meant to protect workers from unfair wage practices. These laws are comprehensive and quite complicated so having a wage and hour attorney by your side can help you understand your legal rights when filing a claim for compensation.

If your employer has not paid you yet for the work you have done then it comes under the wage and hour violation- a state wage and hour law. By considering the best lawyer you can know about this law and he will assist you on how to get the best outcome from this law. As he is experienced in the cases similar to yours.

Wage and Hour Violation Law- An Introduction

The wage and hour violation law occurs when you are not getting paid from the employer as per wages act. You are also eligible for this when you are exploited by the employer under the rights of state wage and hour law. You can file the case against your employer under the following conditions.

  • You are not getting paid with minimum wages as per the employment law.
  • You are not getting paid for your overtime.
  • Not getting paid for the work you have done from the home.
  • You have performed the inventory but the employer doesn’t pay you.
  • The employer is exploiting you without any reasons.
  • You are salaried and do not get paid for overtime.
  • You are travelling for work but are not paid.

The Reasons Why You Should Hire A Lawyer

If you haven’t paid yet by the employer then it’s time to take an action and file a wage and hour lawsuit against the employer. While hiring a skilled employment lawyer, you will get the freedom to get the best representation. The lawyer will help arrange everything on the behalf of you and you will proceed for your actions.

The employment lawyer is highly associated with the advice, so you have to decide according to your choice. By considering an example you can better understand the need if a lawyer. Suppose you are ready to file a claim against employer so what should you need? You are completely blank because you don’t know what lawsuit demands to get recover.

The Benefits Of An Attorney

When it’s time to hire a lawyer, you can also get to know about the benefits of having him as he will make the case more challenging for your employer in a legal manner and this will conduct a lot of benefits to you.

When you hire a lawyer he will conduct different options for you like you can file the case against your employer by using the state Labor Department. This will give a shortcut to get recovered from your employer, but this comes up with a lot of disadvantages. So you should come up with the right decision.

The Bottom Line

If you believe that your employer gets punished then use your rights based on state wage and hour laws. Keep in mind to hire the best lawyer who gives his best to get the best returns.

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Employment Discrimination Laws in Florida: Here is what you need to know

Over the years, legislators on both federal and state levels have worked hard to formulate laws aimed at protecting workers from employment discrimination. Each state has its own unique set of antidiscrimination laws, but they all revolve around discrimination on basis of disability, age, sex, pregnancy, religion, national origin, color, and race.

Florida has some of the strictest laws in the United States and employers who fail to abide by these rules at any stage of their employment and hiring processes – from advertisement of vacancies to employment through to promotion and demotion – can be penalized and the victim compensated if the right procedures are followed. Discrimination claims can be complex so it advisable to hire a lawyer for discrimination when pursuing one to avoid mistakes that could lower your chances of receiving compensation. Here are some of the most common forms of employment discrimination and laws against them in Florida:

Sex discrimination

Gender discrimination at the workplace is still pretty common and can happen in the most subtle ways. You could be fired, demoted, denied promotion, or refused an opportunity to apply for a job because of your sex. Even simple derogatory comments made in job advertisements or at work about your gender by the employer, a coworker, or customer are against Florida law.

Race discrimination

Race discrimination can happen in the same way as sex or gender discrimination. Racist employers will execute their malice in the least suspect ways such that you may doubt if your misfortune is really the product of utter racism. It is thus wise that you consult an employment discrimination lawyer if you really think your race or color may have blocked your chances of getting employed or promoted.

Pregnancy discrimination

You can sue an employer for this kind of discrimination if they refuse to hire you because you are expectant; fire, demote, or put you on unpaid leave because you are pregnant; force you take another, potentially low-paying or more difficult role because of your pregnancy; make demeaning comments towards you about your pregnancy; or harass you in any way because you are pregnant or have given birth.

Disability discrimination

Discrimination on basis of disability at any stage of employment, from job advertisement and hiring to wage determination and promotions and demotions, is covered in the Florida Civil Rights Act and Americans with Disabilities Act of 1990. You can file a claim if you are discriminated or harassed at work because you are disabled and, if the employer retaliates or threatens or punishes your witness, report them to the Equal Employment Opportunity Commission (EEOC).

Religious discrimination

Employers in Florida are not allowed to treat any of their employees or job applicants differently from others because of the religion they practice. You have the right to wear religious attire to work or take time off to celebrate a state-recognized religious holiday without seeking the employer’s permission. Get a lawyer to build a case against your employer, colleague, or supervisor for you if you feel you have been discriminated because of your religion or religious beliefs.

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4 most common types of legal injuries

The meaning of injury in law is not confined to its literal meaning and covers a lot of things. It includes physical injury, damage to property, loss of reputation or social image, breach of rights, etc. All these things constitute legal injury and the victim can claim compensation for them in the court of law.

Here are the 4 major types of injury in law:

  1. Tortious injury: The two most common types of tortious injuries are assault and battery. Assault is the apprehension of intentional harm to a person by another person. Generally, it involves abuses and mishandling. This affects the victim’s mental as well as social health. The battery is the actual and intentional use of force on a person by another person. Assault is generally followed by the battery. The battery can also cause serious injury to the person. Both assault and battery come under the purview of legal injury and the victim is liable to be compensated for mental, social and physical injury caused due to the wrong act.
  2. Defamation: Defamation means damaging a person’s reputation and social image by saying something malicious for him or his and his character. This is a social injury and causes the loss of reputation to a person. Defamation is of two types namely libel and slander. Libel is a false and malicious statement about someone in the written form whereas slander is the malicious and false statement in oral form. Both constitute legal injury to the person for whom it is made. The victim can claim compensation before the court of law in case of defamation.
  3. Accidents: The most common type of injury in law is the injury caused due to an accident. An accident can cause lots of damage and most of them are recoverable by filing a suit for compensation in the court. Those damages include medical expenses, loss of quality life, loss of income, damage to property, etc. A person can recover all these expenses and damage.

If you have also been a victim of a car accident then you must contact Johnston Law Firm, P.C. to file a claim for compensation successfully. A claim for compensation requires many legal procedures. The merit of the claim depends on a lot of factors like contributory negligence, amount of damage, etc. It is always necessary to contact a law firm to be able to get compensation successfully.

  1. Slip and fall cases: Slip and fall cases in law refer to those cases in which a person is injured in another person’s property. This is about a person’s liability towards another with respect to his property. A person is bound to ensure that he takes sufficient care of his land as to not to allow any accumulation that may injure other persons.

These are the most common types of legal injuries and the victim is liable to be compensated for the same. Hiring an injury lawyer increases the merit of compensation suit by many times and is always advisable.

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Famous Domain Lookup Threatened by New Privacy Laws

On May 25th, 2018, the EU implemented the GDPR (General Data Protection Regulation), a far-reaching and important step towards data privacy regulation. It allows for stronger governance of personal information trading, and is widely regarded as a cultural milestone in this newly developing internet-focused age.

How Free Access to WHOIS Database Might be a Violation of the GDPR

However, not all of its implementation has gone over smoothly. WHOIS database is a well-known lookup service that has historically allowed anyone at any time to find the personal contact information of the owners of a certain domain. Free, public access to this database is necessary in ongoing cybersecurity and investigative tasks. Officers of law enforcement have used it in the past to put a quick stop to website users that have been propagating terrorist information, hosting malicious botnets, or stealing IP addresses. Such free and easy access to personal information, however, may be a violation of the GDPR’s 5th and 6th articles. U.S. Secretary of Commerce Wilbur Ross, along with many others, has expressed concern that the well-intentioned set of rules could now be putting public safety at risk by enforcing WHOIS GDPR compliance.

Could there be a “Middle of the Road” Solution

The council of European data protection authorities has gone on record to say that there is no legal basis for public access to the WHOIS database. This position puts the ICANN at a significant legal risk, the consequences of which could result in a fine of up to 4% of its global revenue. The same month the GDPR went into place, ICANN modified its own contract with the registrars who manage the domains on their list. Information is still being collected, but access to it is now protected by a system of “layered access”, in effect allowing information to only be accessed by those who can prove a significant “need to know”, such as the law enforcement. This is, for the moment, a temporary fix. ICANN could very well have continued as they did previously and simply challenge subsequent complaints from data protection authorities in court, but such a stance would pose a sizable risk. The European Court of Justice has historically been both for and against access to public information in different circumstances, and it’s a new and unstable legal ground with a lot of never-before-seen variables.

Changes in the World of Cybersecurity and Data Privacy

Unfortunately, there is currently no one size fits all solution to this issue. ICANN is working on a potential system to allow law enforcement easy access while still allowing for proper WHOIS GDPR compliance, but such a system could take more than a year to work out. Even then, it could very well be nothing more than an unwieldy work-around. Either way, the GDPR is one big first step in what may be many upcoming changes surrounding the world of cybersecurity and data privacy, and each action will have aftershocks no-one will be able to see coming. The WHOIS database case will no doubt, in the future, become a symbol of the direction the internet age will take on the debate of safety versus privacy. Only time will tell how a compromise will be reached.

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How to hire the best Personal injury attorney

A personal injury attorney is the one who would take care of all your legal matters especially when you have been injured due to somebody’s mistake or negligence. Whenever a person is in such a situation they often panic and don’t often realize what the next move should be. In such cases, it is always better to go for a good personal injury attorney or a lawyer who can assist you thought of the process and help you in getting justice.

Why do you need to choose a personal injury attorney?

You can find a number of attorneys or lawyers online but you need to always make sure to choose the professional lawyers or attorneys who are well versed in managing the specific cases. So when you are looking for a lawyer for your personal injury case you need to look for personal injury attorney. There are a number of personal injury attorneys WA and you need to make sure to choose the best lawyers who can help you in obtaining the compensation for the damaged caused. Whenever you are looking for an attorney you should not just look for a personal injury attorney but you should even look for the years of experience which they have in managing different injury cases.

A good personal injury lawyer will understand your case well from the beginning you meet him and supervise in the right way. They will be with you from the beginning till the end of the case until you are justified and help you overcome from your problems.

Before you choose an attorney or a lawyer you need to keep the following points in mind:

  • Whether the lawyer would handle only the personal injury cases
  • The years of experience which they have in handling the personal injury cases.
  • The number of active cases which they have now.
  • Check the background of the attorney.
  • The number of cases which they won.

This will help you to clearly understand how the personal injury attorney is working and up to what extent can they provide justice to you.

With the help of a good personal injury attorney WA, you would be able to get the right services that you needed. Whether you are in a complicated scenario like any kind of medical practices or any other issue the personal injury attorney would be with you in any situation and help you in overcoming with it.

You would get excellent services and of course the kind of positive results that you were expecting from them. If you make sure to follow or keep all these points in mind before hiring a good personal injury attorney, you can definitely get complete assistance and support for your case. Once you are able to find a good personal injury lawyer they will take care of all the aspects and will let you know how they can go on with the case and in which way you need to deal with the situations that might arise.