Archive for February, 2010

Driving Under the Influence – What do I do?

Saturday, February 27th, 2010

If you’re caught driving under the influence of alcohol, then in all likelihood you are going to be facing some pretty harsh penalties. At the very best you are looking at a harsh fine, in most cases you will have a driving ban, and it’s quite likely that you can expect to spend some time behind bars. Sounds like quite a tough punishment for something you might not even know you’re doing but the reality is that drink driving can cost lives. If you career into a guy walking down the road and he dies then you’re responsible for his life. A pretty sobering thought and of course the best possible action is to avoid alcohol at all costs when you have your car.

However, we are never going to eradicate drink driving completely and it’s important that you know your rights when it comes to defending yourself against a charge for DUI. There are sites which you can visit which will give you the lowdown on laws from state to state, and it’s important to know the difference because the blood alcohol limits will vary between all of the states. You also need to know what you will be up against when it comes to differing punishments from state to state.

You also need to find yourself some sort of legal representation. A DUI charge might seem like a no brainer but things are not always so cut and dried. Beyond the initial court case, you also need to know your rights. For instance are you legally bound to inform future employers of your conviction? If so for how long do you have to declare this? There are lots of questions you need answered and it’s critical that you contact specialist lawyers as soon as you are able.

I reiterate strongly that you must at all costs avoid the situations which put you in the position to potentially drink and drive, but if it does happen to you, make sure you know your rights.

Discrimination and the Law

Tuesday, February 16th, 2010

Without going into the merits of ability or legal rights and rendering unequal treatment to a person is known as discrimination. In the US, state and federal laws forbid discrimination in rates of payment, employment, promotion rights, opportunities in education, civil rights and facility usage on the basis of nationality, race, colour, creed, sex, age and sexual orientation. Protesting against discrimination or seeking enforcement of rights of equal treatment is provided in various state and federal laws.

Not all discrimination is illegal. There is legal discrimination too. When a person is given different treatment based on the membership of their class it is an illegal discrimination because being part of a race, national origin or age, colour, family status, or gender cannot be controlled or changed by an individual.

Whereas an individual can control his or her behaviour in respect of a credit record, being a law-abiding tenant, accumulating wealth or having a secure job. A discrimination based on the above is perfectly legal.

The law on discrimination is very complex to understand because there is always exceptions and variations of being a group, whereas the rules are applicable in general context. If a person falls sick due to excessive smoking, which leads to a disability, then that person cannot fight against disability discrimination. Similarly certain characteristic of a group can be changed – for example a change in family status or a change of religion.

It is very difficult to prove illegal discrimination. Treatment shown to one person should be proved as different from the general treatment given for the same cause

Many landlords come out with excuses for the special or not so special treatment to get away from illegal discrimination. If the new owner is of different color from the existing tenant and the landlord is showing payment history as cause for eviction, then it is very difficult to prove illegal discrimination even though the cause shown is different from the hidden cause for the eviction.

Similarly according to California’s fair housing laws, a tenant cannot be discriminated simply because he or she is availing child support or public assistance.

A disabled person cannot be discriminated against by not providing ramps, handrails, or illuminated doorbells etc. This is a case of clear discrimination based on the disability and the law of the land is very much in favour of the disabled community. These provisions should be made available either by the landlord or if not already available, the tenant should be permitted to include these provisions at their own cost.

By: Anastasia Phocas

About the Author:

Anastasia Phocas is a proud contributing author. Find more articles here. For more info visit Lawsuit Resource [http://lawsuitresource.info] or Discrimination [http://lawsuitresource.info/discrimination-lawsuit.php]

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