The post Are field sobriety tests reliable? appeared first on Arbore Velez, LLC.
]]>However, when a police officer stops a vehicle, he or she does not know if that driver is impaired and has no access to the Breathalyzer at the station. There are portable breath tests, but these often cannot be used in legal proceedings, so the police need some other way to determine if someone may be impaired. They often do this with field sobriety tests.
The three main types of field sobriety tests are the one-leg stand, the walk and turn and the horizontal gaze nystagmus. These may be used individually or all together. You do sometimes hear myths about police officers asking people to recite the alphabet backward or something of this nature, these are not standard tests and are actually not used.
Unfortunately, these tests that are used are not as reliable as people sometimes assume. Some studies have found error rates of 47%. The best results have been provided when people are subjected to all three tests in a row, but even then there is a significant error rate.
For instance, you could simply be tired after a long day at work and stumble while doing the walk and turn test. You could be suffering from some sort of illness or disease that impacts your balance, and that could make the one-leg stand difficult.
So it is true that these tests can help to determine if someone is intoxicated, in the sense that someone who has no outside factors should probably pass them. But the reality of the situation is that most people have other factors that are going to influence how they do on the test, especially when they’re being subjected to that test suddenly and on the side of a random road.
You can see that this is not a reliable system, but it still does lead to arrests, which is why you need to know about all of your defense options.
The post Are field sobriety tests reliable? appeared first on Arbore Velez, LLC.
]]>The post Will your driving mistakes affect your right to file a lawsuit? appeared first on Arbore Velez, LLC.
]]>If the other driver doesn’t have insurance or if you have losses that far exceed the coverage available, you may want to file a personal injury lawsuit. New Jersey law allows those hurt by another person or a business through negligence or misconduct to seek compensation for verifiable financial losses after a crash.
If you made a mistake that contributed to the car crash, will that prevent you from filing a lawsuit?
The assignment of fault after a car crash sometimes requires careful consideration. While there are certainly wrecks where it is obvious that one person is completely at fault, such as when a drunk driver goes the wrong way down a one-way street, there are other times when both drivers contribute to a wreck.
One driver may have had their phone in their hand instead of keeping their hands on the wheel, while the other may have failed to use their turn signal. In a scenario where both you and the other driver contributed to the crash, you can still bring a civil lawsuit against the other driver.
If the courts determine that they were 60% responsible or more for the wreck, you can hold them accountable for all of the losses you suffered. If the courts determine that their percentage of fault is less than 60%, you can claim that portion of your losses from the other driver.
If the other driver wants to claim that your contributory negligence affects what they should pay after a crash, they will usually need some evidence to support that claim. Unless the police report assigns partial fault to both drivers, you only have to worry about claims regarding your fault for the crash if the other driver uses that as a defense strategy in response to your lawsuit.
Reviewing the records of your motor vehicle collision can help you determine the right approach to a personal injury lawsuit related to the wreck.
The post Will your driving mistakes affect your right to file a lawsuit? appeared first on Arbore Velez, LLC.
]]>The post Staying alert for crossing deer appeared first on Arbore Velez, LLC.
]]>Automatic braking is a feature that car manufacturers are still improving. With the help of peripheral sensors, car safety systems can now detect outside hazards. Not only do you get audible warnings, but your vehicle slowly applies pressure to the brake during an emergency. Overall, front-end motor collisions have been reduced by 50% with this technology.
Contrary to what many might say, using high beams in deer season reduces motor vehicle accidents. Your objective is to spot an active deer before you reach their point of crossing. High beams have the ability to bring out the eyes of a deer as well. This makes them easier to spot when they’re hidden in a dark brush. Make sure to use your horn at the sign of movement.
The most severe accidents are often cases where drivers leave the road they were on; when cars steer off the road, they can run into deadly obstacles. You can collide with trees, boulders, and buildings if you swerve. Instead, remain in a straight line while braking and look for other cars. Only proceed after the deer leaves.
Roughly a million deer get hit by cars each year, so if you encounter one, slow down and take your time. In most cases, deer travel in groups, so make sure no others are around in order to avoid an accident.
The post Staying alert for crossing deer appeared first on Arbore Velez, LLC.
]]>The post How can you prepare for a child custody hearing? appeared first on Arbore Velez, LLC.
]]>Knowing the child custody laws in your state is the first step toward being prepared for a hearing. It might be dull, but it can help you to better understand what to expect during the process.
When one parent requests sole custody of the child, the better-parent standard is a factor. The judge must be convinced that the child would benefit from sole custody by one parent over the other. However, this is usually difficult to prove. You should provide any and all evidence that you would be the best caretaker for your child during the child custody hearing.
Consult with your attorney to determine all the documentation you must bring to the child custody hearing. You may be able to provide your own records as well. These can include your visitation schedule, proof of child support payments, and more.
It’s essential to behave with the proper courtroom etiquette during the hearing. You should dress appropriately know how and when to speak. Speak with your attorney before the hearing to get a better idea of what’s expected. Be aware that emotional outbursts and fighting should be avoided in court.
It’s important to know what to expect during a child custody hearing. Your attorney can inform you of what you should expect and help you better prepare for every step. You will appear before a judge and have the right to appeal a custody order if you disagree with it.
Once you know what to expect at your child custody hearing, you’ll be better prepared for it. It can certainly make the process much easier.
The post How can you prepare for a child custody hearing? appeared first on Arbore Velez, LLC.
]]>The post What is New Jersey’s policy on ignition interlock devices? appeared first on Arbore Velez, LLC.
]]>An ignition interlock device is meant to keep you from driving under the influence. Before you start the car, you have to blow into the device and measure your blood alcohol concentration (BAC). If your BAC is 0.05% or more, the vehicle won’t start. Otherwise, you can start the vehicle and continue with the rest of your day.
If a judge issues a DWI conviction, they might suspend your license for a year or more. When you get your license reinstated, you might have to install an ignition interlock device on your vehicle for up to one year. The judge might rule that you have to install the device before you get your license reinstated if you had a BAC of 0.15% or more.
When you reach your second DWI charge, the judge might force you to install the device during your license suspension and maintain the device for up to three years after you get your license back. Your DWI defense attorney might point out that this could make it harder to drive even when you’re sober. It also makes it harder for other people to use your vehicle since they’ll still have to use the device.
For this reason, you may want to hire a criminal defense attorney. Otherwise, you might be paying for your DWI years after the initial conviction.
If you ignore the court order and don’t install the device, the judge might suspend your license for another year. You might face additional penalties if you still refuse to install the device on your vehicle. When dealing with DWI charges, it’s best to talk to an attorney first before you take any kind of action.
The post What is New Jersey’s policy on ignition interlock devices? appeared first on Arbore Velez, LLC.
]]>The post The first indicators of 2020 traffic data are not great appeared first on Arbore Velez, LLC.
]]>In a review of the statistics released by the National Highway Traffic Safety Administration (NHTSA), Car And Driver delves into the causes for concern. The central point of their argument lies in the fact that while total fatalities were down, most people did far less driving. The proportion of deaths per miles driven went up by around 20%.
While the data are still being analyzed, and we haven’t yet received the full report on 2020 accident statistics, there are a few hints to the cause. Early reports from March show a significant uptick in reckless driving coinciding with the suddenly empty streets. This took the form of:
Apparently, when the traffic cleared up, those still driving took the opportunity to do whatever they wished.
Unfortunately, treating Main Street like the Autobahn led to a significant uptick in crashes. This is because that most speed limits and driving rules exist not simply to protect other drivers. There are certain limitations to just how fast a car can take some roads. It’s beyond simply the posted speed limit safety. It’s physics.
Among the reckless behavior noted was a distinct lack of seatbelts. We’ve learned over the years that seatbelts make driving safer. Yet every year, people continue to spurn the most basic safety precautions. And like every other driving behavior last year, those still out and about chose the more dangerous option.
There is no indication that the terrible driving of 2020 will carry over into this year. However, anyone on the road must take steps to protect themselves physically and legally. If you get an injury or lose a loved one to a reckless driver — with strong personal injury representation — you can hold them accountable for their recklessness.
The post The first indicators of 2020 traffic data are not great appeared first on Arbore Velez, LLC.
]]>The post Why you shouldn’t take a polygraph test appeared first on Arbore Velez, LLC.
]]>Even if you are innocent, you still have a chance of failing the test. That is because anyone put in a tense situation, such as in a room with multiple police officers and an interrogator, will register stress. Faced with very detailed and often intense questions, any person could begin to panic. This is just one of the reasons why a criminal law attorney would likely advise against taking a polygraph test.
One of the most shocking pieces of information that people tend to learn about polygraph tests is that the test results are often not allowed to be presented in court. The science behind a polygraph test is so inadmissible that a judge won’t even bother with it. Thus, taking a test is likely to provide you with zero benefits other than making the investigators feel a little better about you if you pass it.
In some cases, an attorney may advise you to take a polygraph test as an added measure to prove your innocence. However, you do not want to simply volunteer for the test that the police station is offering. First, a private polygraph test can be administered by a private company. This will allow your attorney to see how you would fare with a real police test and assess if they should fight it or not.
As you can see from the information above, a polygraph test is not the best route to take to prove your innocence. However, if you are being forced or pressured to take one, it is important to consult with an attorney first. An attorney may be able to provide you with the best possible legal route for your particular case.
The post Why you shouldn’t take a polygraph test appeared first on Arbore Velez, LLC.
]]>The post Keeping the marital home after a divorce may make financial sense appeared first on Arbore Velez, LLC.
]]>When couples have a house between them, the custodial parent, sometimes, takes the house if there are children involved. This is usually done to keep the children in as stable an environment as possible. Allowing the children to remain in the marital home with the custodial parent helps ensure that the kids have as little disruption in their lives as possible after the divorce is final.
While it, sometimes, makes financial sense for the custodial parent to take possession of the marital home, it’s, sometimes, a bad idea. Lawyers and financial advisors will sometimes advise their clients not to take possession of the marital home if doing so will cost them dearly in costs like taxes, maintenance, HOA fees, utilities, and other costs associated with maintaining a home. In these cases, clients are advised to sell the marital home and split the profits with their exes.
Recently, lower housing prices are allowing more people to stay in their marital homes after their divorces. The slow-down in the real estate market is creating a situation where it makes more sense for someone to stay in the marital home versus selling it. For many people, it has presented an opportunity for them to buy out their soon-to-be ex’s share of the house.
People who are going through a divorce may benefit by working with attorneys who have experience handling marital assets. These attorneys have track records working with many different financial scenarios.
The post Keeping the marital home after a divorce may make financial sense appeared first on Arbore Velez, LLC.
]]>The post Problems with roadside drug tests appeared first on Arbore Velez, LLC.
]]>In 2017, Clark County in Nevada threw out the convictions of five individuals who had pled guilty to drug charges after substances they possessed tested positive for cocaine. The tests were thrown out after laboratory analysis concluded that the powders were not actually illegal. Clark County only added these exonerations to the National Registry of Exonerations this year. Other states that overturned criminal convictions were Oregon (five convictions) and Texas (over 250 convictions).
The exonerations in Nevada may have come too late to spare some of the defendants from serving their sentences. One of the suspects in Nevada was sentenced to eight months in jail, and the other four were sentenced to community service or left the state before sentencing.
Not only do the field drug tests result in false positives, but they are often not checked by a laboratory for accuracy. In fact, after someone pleads guilty to an offense based on a roadside drug test, many police departments destroy the evidence before lab analysis can be done. Another issue with the field tests is that police often misinterpret them, which makes it all the more necessary for analysis to be conducted by a lab.
Though many courts do not allow evidence of a positive roadside drug test at trial, some prosecutors will leverage these tests as a way to get a guilty conviction. If an officer tries to get you to talk or agree to a deal, do not engage. It is best to speak with a criminal law attorney before entering into negotiations with prosecutors.
The post Problems with roadside drug tests appeared first on Arbore Velez, LLC.
]]>The post Drivers won’t look for bikes, which is why they don’t see them appeared first on Arbore Velez, LLC.
]]>Cyclists typically are very safety-minded, but the biggest risk you face won’t be your own mistakes. Instead, they will be other people on the road, especially drivers in larger, enclosed vehicles who can’t seem to bother themselves to look for bicyclists, pedestrians and even motorcycles while driving, which could mean you get hurt in a crash that they cause.
Although you may think of driving as just part of your daily routine, it is a stressful experience for your nervous system, which has to not only help you control the vehicle itself but also constantly monitor your environment for safety.
Traveling at high speeds over great distances means that you will see many different vehicles and spaces during your daily commute. Your brain has to prioritize what to focus on while you drive.
Typically, the things that you think of as threats or safety issues will be what you recognize the most easily on the road. People tend to more readily see larger vehicles, while they may not notice smaller vehicles and pedestrians specifically because they don’t feel concerned about them.
The idea that you can see something with your eyes and not actually recognize it with your brain in any meaningful sense is an idea backed by psychological research. Scientists call this particular quirk of human physiology inattentional blindness.
Even brightly-colored bicycles with reflectors and lights installed may go unnoticed by drivers whose mental focus is not wholly on the job of driving. The more distracted or busy a driver is, the more likely they are to overlook potentially concerning situations on the road, including the presence of a bicycle nearby.
Although this dangerous phenomenon has a name, that doesn’t mean it serves as an excuse for people who hurt cyclists. Not noticing a cyclist won’t excuse the driver from their liability in a crash they cause due to inattention.
The post Drivers won’t look for bikes, which is why they don’t see them appeared first on Arbore Velez, LLC.
]]>