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Los Angeles Law Blog

The NHTSA's official Standardized Field Sobriety Test

Whether your vehicle was weaving over the yellow line or you had a tail light out, a California officer had to have a reason to pull you over. Once you are on the side of the road, if you do anything that causes suspicion that you may be intoxicated, he or she could decide to give you a test. We at Edward Y. Lee, attorney at law, are aware of all the nuances of this test, and when the results may not be admissible against you.

According to AAA, the National Highway Traffic Safety Administration has developed a battery of three roadside tests that officers must be trained to perform correctly. The officer must first ask you if you have any medical conditions that would interfere with the outcome of the test. 

Do you have a traumatic brain injury?

If you were recently involved in a car accident in Los Angeles, you might have lingering injuries you may not be aware of. You may have walked away from the incident with minor scrapes and bruises. If you have experienced memory loss or headaches, there is a chance your injuries are more serious than you think. Car accidents can cause head trauma that does not always show up right away. Undiagnosed traumatic brain injuries can create complications with your health and interfere with your ability to live the life you had before your accident. 

Take some time to learn the signs of traumatic brain injuries so you know what steps to take next.

When a loved one suffers a traumatic brain injury

The staggering number of Americans who suffer a traumatic brain injury almost ensures that most people in California will know someone who has had one. Some of these friends and family members may even find themselves the default caregiver of a victim.

According to the Brain Injury Association of America, this may simply include short-term responsibilities during recovery from the trauma. For example, there may be things that need to be taken care of while the victim is in the hospital, such as taking care of pets or children, mowing the lawn or doing other household chores. However, for many, a total change in lifestyle occurs for both the injured person and the caregiver. 

Intoxication and consent

Sexual assault laws across the nation and in California have undergone changes in recent years, and in many cases, what constitutes rape is defined much more narrowly. For example, California law states that intoxication may legally affect whether a person has the ability to consent to a sexual act.

A person may decide to press charges against someone and claim that the sexual act was unwanted and that intoxication was a factor. However, this should not automatically result in the defendant being convicted of rape. Before things go that far, it has to be proven that the sex act took place, that the alleged victim was too intoxicated to resist the act and that the defendant should have been able to know that he or she was impaired to that level.

What should I not do when fighting a drunk driving charge?

If you have drunk driving charges pending against you in Los Angeles, you may be wondering how you can avoid making mistakes that could interfere with your ability to overcome this situation. You do not want to make matters worse or have your rights infringed upon. By taking the matter seriously, you can avoid complications that could compromise your future. 

Here is a brief overview of things you should not do when you have a drunk driving case. 

Can you determine who is at fault in a car accident?

The aftermath of a car accident in California is rarely clear cut and you may be facing a considerable expenditure of resources to determine consequences and find solutions. One of the most difficult factors to be weighed is figuring if you were the one at fault. Fortunately, there are proactive measures you can take to better protect yourself and create the best possible chance at a fair outcome.

According to Esurance, insurance settlements are often decided and concluded based off of a couple of different methods for determining fault. First, your insurance company may look closely at any evidence you may have collected from the scene. For example, if you took photos of the damage, have written statements from witnesses or even the other driver’s information, all of this content can be used as evidence when a decision is being made.

Sharing the road with large trucks

Los Angeles traffic can be bad enough on its own; adding trucks to the mix often increases the frustration and danger levels for commuters. Understanding the unique hazards commercial trucks present can help you avoid them and stay safe on the road.

Big rigs stand out through their massive size and weight. These characteristics affect their maneuverability on the road as well as what happens in the event of an accident.

Man, crashes into California pool following alleged drunk driving

When a person is facing a suspected drunk driving charge in Los Angeles, the repercussions can be disappointing, inconvenient and life-altering. While it is never a wise decision to drive while under the influence, a person who chooses to do so and is caught may undoubtedly need help building a defense.

For one Moorpark man, the choice to get behind the wheel after allegedly drinking, resulted in a potentially fatal accident. According to investigators, the man was driving his truck on the Ronald Regan Freeway where he eventually exited at Erringer Road. While attempting to exit, he crashed into a hotel pool after barreling through a fence. Fortunately, it does not appear that any pedestrians or bystanders were hurt in the incident.

What changes would Senate Bill 10 make to the CA bail system?

If you are arrested in California, even though you may not be guilty, you could find yourself facing high fees for bail. According to the Los Angeles Times, under the current bail system, you could spend three days or more in jail if you cannot afford to pay the 10 percent fee to a bond company or post the entire amount upfront. Many legislators believe this is not fair, and Senate Bill 10 has been introduced in an attempt to correct the imbalance in the system.

SB 10, known as the California Bail Reform Act of 2017, would require pretrial risk assessment of your felony case, unless you are charged with a violent felony. If the service agency conducting your evaluation believes you are not a public safety risk, it would provide this information to the judge, who would then have the discretion to release you from jail. If your charge is a misdemeanor and does not involve violence, you would probably be able to sign a release agreement and forgo the rest of the process.

Lawsuits over football's brain injuries

For some brain injury patients in California, the realization that something is wrong comes on slowly. A patient may realize that she is missing appointments more frequently or forgetting to accomplish certain tasks. Another may lose track of his possessions or suffer debilitating headaches. These brain injuries may arise from car accidents and falls, but football is also a major source of brain trauma.

Most brain injuries are preventable. This is particularly true for football. Recent high-profile lawsuits have raised awareness of football's inherent risks and are helping advocacy groups push for greater player safety.

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