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Any driving under influence (DUI) conviction comes with associated penalties like jail term, fines and charges, admission to driving school, installation of ignition interlock device and so on. However, the penalties acquire further severity in case the impaired driver kills another while driving in an intoxicated state.

If you were facing any such charges, you need to consult a DUI lawyer immediately. Why is this necessary? Here are the penalties for manslaughter and vehicular homicide as applicable in Florida. This would give you a good idea about what you may have to endure in the absence of proper legal defense.

As per s. 316.193 (3), F.S.: Considered a felony of the second degree, DUI manslaughter and vehicular homicide carries with it jail term of maximum 15 years and/or maximum fines of $10,000.

Leaving the scene of the accident enhances the crime and makes it a felony of the first degree. The jail term may increase to a maximum of 30 years if the impaired driver knows, or should have known, about the accident, and fails to report it or provide necessary assistance to the victim.

If you think that your impairment could actually save you from being charged with murder, you need to think again. Many also have a misconception that as the car is not a weapon no homicide charge could stand its ground. However, these are not correct. These crimes fall within the involuntary manslaughter category and are very serious indeed.

What you need to do is find a Miami DUI lawyer immediately if you were facing drunk driving related manslaughter or homicide charges. How could a lawyer help? Only a lawyer has a clear idea about how the legal procedure works in such cases. Therefore, he/she is the only one who can assess the legality of the procedure.

Only capable and timely defense could save you from the penalties associated with such crimes. Moreover, as per Florida laws, a drunk driving record is never expunged. Therefore, if you do not take necessary steps to prevent conviction at the trial stage, chances are that the record would always be there, coming back to haunt you.

What possible defense is there in such a case? Only a competent DUI lawyer would be able to tell you the defense strategy that may work in your case. May be you were under the influence of prescription drugs or may be it was the other person’s negligence. Without proper investigation and careful analysis, it is impossible to find out the proximate cause of the accident.

Originally published here.

Is Your Job at Risk?

Did you know that even though you may be a registered card-holder in Michigan who is legally permitted to consume medical marihuana to ease the suffering from a qualifying illness, your employer can legally terminate your contract because you choose to imbibe the substance? It’s true.

The seminal case that exposed this gaping hole was the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill. In short, Casias was a Walmart employee and a certified card-carrying medical marihuana patient who consumed the substance to relieve an inoperable brain tumor. In 2009 Casias was injured on-the-job and quickly terminated after a drug test showed he tested positive for marihuana. Casias sued for wrongful discharge, but the U.S. District Court Western District of Michigan ruled against Casias, citing “The Michigan Medical Marihuana Act does not regulate employment.”

What this Means

According to a catch-22 in Michigan’s Medical Marihuana Act (MMMA), “There is no language in the Act that protects anyone from being terminated from their job for the medical use of marihuana” (p. 44). In other words, there are no concrete rules or regulations in the MMMA that govern the relationship between employees and companies.

The MMMP’s vague wording allows for ambiguities in the law between companies and employees. As shown in the court’s ruling in the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill, this unclear wording seems to blatantly contradict certain parts of the MMMA’s summary:

“AN INITIATION of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.”

It’s clear that the MMMA is designed to “provide protections for the medical use of marihuana” in Michigan. However the law does not explicitly guarantee you this liberty. If you believe your rights as stated in the MMMA have been infringed upon by your employer, contact Nessel Defense Law today for an in-depth consultation.

For more than 17 years, Nessel Defense Law has been Detroit, Michigan’s premier practice for every area of the law. Dana Nessel’s expertise includes all misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides/manslaughter, internet crimes, larcenies/home invasions/breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce/annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders/personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Originally published here.

Tyler Flood & Associates www.tylerflood.com (713) 224-5529Regardless of your situation, you should place your trust in experienced and successful Texas drunk driving attorneys. The firm of Tyler Flood & Associates, Inc. is a team of Houston DWI lawyers who are experienced in handling drunk driving charges. The firm has assisted numerous individuals, and is very experienced and well-schooled in the art of determining the best course of action for your Texas DWI issues. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact a team of experienced and respected Texas DWI defense attorneys such as Tyler Flood & Associates, Inc. to make sure that your rights are protected.