HIPAA Violations Could Cost Your Practice More Than You Think- Guest Post

   

Health Insurance Portability and accountability act HIPAA and stethoscope.

In this article, we will focus on the Health Insurance Portability and Accountability Act (HIPAA) of 1996. We will look at what HIPAA is, what constitutes a HIPAA violation, and how much a HIPAA violation can cost your business. 

Defining HIPAA Compliance

The HIPAA law was passed by Congress in 1996. The federal law protects patient’s privacy rights in the United States. In accordance with the law, organizations are required to abide by a set of standards to protect against unauthorized use and disclosure of Protected Health Information (PHI). 

In addition to protecting privacy rights, the federal law also facilitated and strengthened the flow of PHI with the aim of reducing healthcare fraud and abuse. 

Any individual or organization that comes into contact with PHI must implement appropriate policies and procedures to safeguard patients’ data to ensure compliance with HIPAA law. That means if you:

  • Speak to patients directly
  • Check blood pressures
  • Write or give out prescriptions
  • Oversee the firewall in a healthcare setting
  • Encrypt medical data on behalf of a covered entity
  • Manage a database that stores, maintains, or creates patient data

You are responsible for HIPAA compliance and HIPAA violations. Individual employees may face charges if PHI gets jeopardized, but that doesn’t mean the entity is exempt from following the HIPAA rules.

HIPAA Violation

Any healthcare practice that compromises Protected Health Information (PHI) is considered to be at fault. However, individual employees may also be considered at fault depending on their actions and face serious consequences. 

According to the HHS, “Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules’ requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information.”

The Department of Health and Human Services (HHS) does not accept ignorance on the part of an employer or employee as an excuse. That is why HIPAA training is so crucial to protect patient data and avoid HIPAA violations. 

HIPAA Violation Penalties

HIPAA violations can be of two types – civil and criminal. The penalties enforced will depend on the severity of the violations, and whether it was deliberate or unintentional will be taken into consideration. 

Civil Penalties

The civil penalties can be divided into four tiers. Here’s what they look like:

Tier 1: A category of violation that was unintentional, and the entity was unaware that a violation could occur given that they had taken all the necessary steps. Penalties for this tier range from $100 per violation to up to $50,000, and a maximum of $25,000 per year. 

Tier 2: A category of violation where the organization could not have prevented the violation but was or should have been aware of the potential risks, not willfully neglecting all the necessary steps. Fines for this tier range from a minimum of $1000 up to $50,000 per infringement, and a maximum of $100,000 per year. 

Tier 3: A category of violations where the entity willfully neglected all the HIPAA requirements, and as a result, a violation occurred. Although, the entity made efforts to rectify the violation in some cases. Fines for this tier range from $10,000 up to $50,000 per violation, and a maximum of $250,000 per year. 

Tier 4: A category of violations where the organization was fully aware of the potential risks, willfully neglecting all the HIPAA requirements, and did not attempt to rectify the violation. Fines for this tier range from a minimum of $50,000 per violation to a maximum of $1.5 million per year for repeated violations. 

Criminal Penalties

Violations that are considered to be criminal in nature are handed over to the Department of Justice. From there, individuals at the practice involved in the violation could be held criminally liable. These types of violations could stem from the theft of PHI for financial gain or wrongful disclosures with malicious intent. 

Criminal violations can be divided into three tiers, with the term and an accompanying fine decided by a judge based on the facts of each separate case. Here’s what they look like:

Tier 1: Up to 1 year in jail for reasonable cause or no knowledge of the violation

 

Tier 2: Up to 5 years in jail for obtaining PHI under false pretenses

 

Tier 3: Up to 10 years in jail for obtaining PHI with malicious intent or for personal gain

To conclude

In addition to civil or criminal penalties, there are also Corrective Action Plans (CAP) to worry about. Not to mention, you might also risk losing the license to practice. These CAPs are enforced by the Office for Civil Rights (OCR) when a data breach occurs. These plans are often cumbersome and costly. 

Nevertheless, it just goes to show that HIPAA violations could cost you more than you think. Hence the best way to go about this is to ensure that you are as compliant with the HIPAA law as possible by implementing all the necessary policies, procedures, and controls in place. 

Understanding HIPAA is essential for you, your employees, and your practice as a whole. Make sure to deliver proper and timely HIPAA training to your workforce members and make a lifestyle out of HIPAA compliance. 

 

Author Bio: Riyan N. Alam is a digital marketing analyst at CloudApper, a supplier of mobile ERP solutions, including HIPAA compliance software, facility management software, and many more. Combining his passion for reading books, he writes about subjects valuable to people and their daily lives. Riyan loves traveling and trading in his free time. 

 

Important steps to take before you register a trademark- Guest post

   

register a trademark

Many business owners launch their brand or product without considering the trademark registration process. You can save yourself a lot of time and effort (and money) by taking these simple steps before you hit the market. They will help you avoid potential issues that could delay your trademark registration process.

Registration search before registering a trademark

The first and most important step is to do a trademark registration search.

You will discover registered marks within Australia by doing a simple trademark search before your lodge an application to register a trademark. It will reveal if your mark is similar or identical to another company’s mark. If so, this could be a factor that leads to your application being denied. You’d need to make changes to your mark before you apply again to avoid infringing on the rights of an existing trademark holder. You’ll also be able to determine if your mark or logo is eligible for trademark protection.

It’s advisable to work with a trademark professional if you are doing an in-depth search. They will advise you of how to proceed, and many offer a service where they do a preliminary and comprehensive trademark search at a fixed cost rate.

If you want to get started, here are some free resources offered by IP Australia you can look into:

  • Australian trademarks Online Search System

ATMOSS gives the most important information about similar or identical trademarks to your own. It includes all of the currently registered trademarks and all pending applications and records of their progress.

  • Classification Search

You can use the classifications search to help you determine which class or classes you should file your goods or services under.

  • trademark Check

This will help reveal if your business name infringes on a registered mark that is identical to similar to your proposed mark. If the mark is confusingly similar to yours, yours will not be registered.

  • trademarks Image Viewer

You can use this tool to view trademarks that include images or typescripts.

  • Business Names Applicant Search.

You can use this tool to get details on business name availability. Use it before you attempt to register your business name with ASIC.

Determining what can be trademarked

Another area to explore before applying for a trademark is to look into what you can and can’t register. The trademarks Act 1995 defines a trademark as a ‘sign’ used to distinguish goods or services from those used by other similar traders. It’s pretty broad as it covers a range of ‘signs’ used alone or in combination. Ask yourself if any of the following are relevant to your service or product to determine if they might be available or not.

  • Is there a brand, heading, letter, word, or name used to distinguish my goods or services from others?
  • Is there a signature or numeral that is used that distinguishes my goods or services from others?
  • Is there a label, ticket, or form of packaging that is used that distinguishes my goods or services from others?
  • Is there a shape, colour, scent, or sound used to distinguish my goods or services from others?

Note that any mark that is considered to be too descriptive will receive an adverse report. Some marks that may be a little descriptive might still get approval based on evidence of use but some are simply too descriptive to ever be registered. For example, if you tried to register the word ‘smartphone concerning a ‘smartphone’, it wouldn’t be registered. Likewise, any mark that is against the law or is considered ‘scandalous’ will be rejected.

What happens if someone has a similar business name registered to my proposed trademark?

If your search reveals an individual has registered a business name that is similar to yours, there’s no need to panic. When you file your trademark application, IP Australia conducts a database search of pending and registered trademarks. If this rival company has not applied for or registered a trademark for their business name, IP Australia will not prevent you from registering that trademark.

The only risk with this is that once the trademark has been accepted for registration, you may find an opposition being filed against it by the other business. Any third party has a two-month time frame in which they can lodge an opposition to a trademark. If they feel they have a reason to lodge an opposition to your application in this window, they have the right to do so. Or, if the competitor has a strong reputation in the name, before you, they may have common law rights to act on even if you register the trademark first.

A trademark attorney is the best port of call if you find yourself facing opposition. Even better, they will warn you if you are at risk of this happening if you discover someone has a similar business name registered as a trademark and how you can defend your position.

nd your position. 

Can I Sue Someone for a Car Accident If There’s No Police Report? Guest Post

   

Car Accident

When pursuing compensation after a car accident in Texas, the police report forms an essential part of the necessary evidence. It offers the written account of the police’s assessment of the accident scene, eye witness reports, damages to the vehicle, and the victims’ injuries.

While the police report can help expedite your claim, it does not determine fault at trial. In simple terms, its absence cannot bar you from filing a lawsuit against the other party if injuries become evident after several hours or days.

What if the police didn’t show up?

The police may not always show up after an auto collision. In such a case, you have a legal obligation to report the crash within ten days to law enforcement.

However, that may not be necessary if there are no apparent injuries, death, or the property damage is insignificant. You and the other party may agree to walk away without calling the police or filing a report. If that happens, bear in mind that your chances of winning may be limited in case injuries become evident after some time or the other party decides to turn against you and sue you.

That’s where skilled Corpus Christi car accident attorneys come in. The right team of lawyers will ensure you are on the safe side if the other party decides to sue. Better still, your attorney can help you recover the compensation you deserve if you get injured in an accident and do not have the police report.

What should I do after a car accident if there’s no police report?

 

Get the other driver’s personal information.

When the police fail to show up and the other driver(s) involved are at the scene, taking their information can be critical. These should include:

  • Their full legal names, address, and the license plate number
  • Make and model of the vehicle(s)
  • Insurance information
  • Date and the location of the accident

Take pictures and video footage of the accident scene. 

As soon as you establish that it is safe, it’s important to document the accident scene. Take photographs and video footage of the scene. While at it, make sure that the photos you take clearly show the extent of the damage, injuries sustained, the other vehicle’s license plates, and anything else that could be relevant to your case.

Call your insurance company.

Fault notwithstanding, making a report of the accident to your insurer as soon as possible is essential. Most insurance policies require that you make a report to their office in case of an accident. Other than remaining on the insurer’s records, the report can serve as evidence of the crash where a police report is missing.

Collect witness reports. 

After an accident, it’s always necessary to talk to people who may have witnessed the accident happen. Among them, you may be able to identify individuals who are willing to help you as witnesses to your case.

Video footage from nearby businesses or homes. 

If your accident happened in a residential area or near business premises, checking to see if they have CCTV surveillance can help. CCTV footage can be used in court by the Corpus Christi car accident lawyers you hire to prove fault in court.

Let our Corpus Christi car accident attorneys handle your personal injury case.

If you have suffered an injury in an auto crash and are feeling stranded for not having the police report after a car accident, don’t despair. The experienced Corpus Christi car accident attorneys at Burkett Law Firm can help you with your case.

————————————————————————————————–

 

What You Need to Know About Child Protection Orders- Guest Post

   

Child Protection

What You Need to Know About Child Protection Orders

Children are vulnerable in nature and need maximum protection, not just from family and relatives, but also from the government. Laws that mitigate abusive behaviours protect children, covering their basic rights for a normal, safe, healthy, and happy life. The alarming increase in child abuse in the UK highlights the importance of child protection orders to safeguard their well-being.  It is not unusual for households with domestic violence that children suffer from physical, mental, verbal, psychological, or sexual abuse.  This is when child protection orders come in full force. 

What are child protection orders?

Child protection orders are designed to protect the child from an abusive family member or any person who intentionally harms him. They are also applicable in cases where the child’s basic needs are neglected. After a thorough review of the pieces of evidence and testimonies from credible people, the court may issue any of the following child protection orders:

  • Interim care orders (ICO) – They give parental responsibility to the local authority or social workers to place the child in the care of a carer or anyone in his extended family like a grandparent, aunt, or uncle. 
  • Interim supervision orders (ISO)– The type of orders that place the child under the local authority’s supervision, but allow the parents or guardians to have parental responsibility. 
  • Emergency protection orders (EPO) – In exceptionally serious situations, the court issues an EPO to allow the local authority to remove the child from the present home environment along with limited parental responsibility for the child. The order takes effect for up to 8 days and can be extended for another 7 days if the court sees the danger is still present. 
  • Child assessment orders – These orders instruct the parents to make sure that the child is available for psychiatric, medical, or social work assessments when the court says it is necessary for the case. 

Who is allowed to apply for child protection orders?

Anyone can apply for child protection orders if they believe that the child is neglected, ill-treated, or abused in ways that cause significant harm or likely to harm him. 

  • A biological parent
  • A family member
  • A guardian
  • A grandparent
  • Local authority or social worker
  • NSPCC
  • Police
  • Any person who has shared parental responsibility for the child

How to file for a child protection order?

To obtain any of the child protection orders,  the applicant should fill out a form, petition for the order, and file it to the court. The petitioner needs to prove that there is a valid reason for getting a child protection order. It involves submitting assessments, witness testimonies, and other pertinent evidence that will support your request. From there, the court will review the request and the supporting documents and make a decision to grant or deny the request.

Why is there a need for child assessment?

If after the enquiries, the evidence shows that the child is suffering significant harm or likely to suffer significant harm, the court and the parties involved in the case can decide to know more about the situation of the child. This may result in a series of assessments conducted by an independent expert agency. The parents, guardians, social services, and other qualified individuals will be asked to share their insights. The court will assess the report and use it to make a decision. 

Are child protection conferences necessary?

Child protection conferences (CPCs) are arranged by the social services to pool information and discuss any relevant issues and concerns of people who care for the child. 

  • Parents
  • Guardians and carers
  • Family members
  • Older siblings
  • Teachers, doctors, and other professionals who are involved with the child
  • Social services
  • The child, if he is old enough to understand the situation

If the parent or carer of the child does not want to attend the conference or is unable to do due to some circumstances, it will be fine. However, it will leave an impression of unwillingness to cooperate or engage and affect the assessment of the threshold. Hence, it is necessary to attend all the conferences to show good faith and willingness to the process.

The meeting should be held within 15 working days of the strategy discussion. If during the culmination of the conference or a series of conferences, there is a finding that the child is likely to suffer significant harm in the future, the group will come up with a child protection plan. 

A child protection plan details the actions that need to be taken, by whom and by when to ensure that the child is safe. It would be reviewed regularly during the conferences until he is safe or taken into care. If needed, it will be updated to guarantee his safety in the future.

On the other hand, if there are serious circumstances like sexual abuse, physical abuse, emotional abuse, physical injury, domestic violence, harm, or neglect, the case can go to legal planning with the possibility of issuing court proceedings. During the proceedings, the parents and carers of the child will be given a chance to explain or defend themselves. They would be needing legal assistance to ensure that they fully understand the process and the documentation necessary for child protection. 

What happens when the request is granted?

Once granted, the applicant has the right to remove the child from his present home and take him to a safe place. If the child is already placed in a safe place like a hospital, child centre, or a residence of anyone who shares parental responsibility, the order will prevent the parent or carer from taking him away. The parent can file for a recall of the child protection order with the help of a family solicitor. 

Anyone who violates child protection orders can be arrested and faced a criminal offence. Violating a child protection order can result in both civil and criminal penalties. If the order carries some criminal consequences, the violator can be charged with a misdemeanour, contempt of a court order, or felony. It would mean conviction and heavy fines.

How To Seek Legal Assistance From A Domestic Abuse Solicitor- Guest Post

   

The UK Office for National Statistics issued a report in November of last year, highlighting that domestic abuse cases rose significantly during the pandemic. Unfortunately, since people are still not free to go out of their homes, there is a high possibility that they will continue to see an increase in these cases. Given this fact, now more than ever is the right time to keep yourself and your family members safe from any forms of abuse. If you’re part of the rising statistic, know that there’s a light at the end of the tunnel. Talk to a domestic abuse solicitor and understand your legal options. 

What counts as domestic abuse?

Women’s Aid defines domestic abuse as a pattern of incidents or circumstances that involve control, coercion, threats, violent and degrading behaviour, and even sexual violence committed by a spouse, partner, ex-partner, or any family member, guardian, or carer. Though the abuser can either be a man or woman, statistics reveal that most cases involve men as perpetrators. Domestic abuse can include the following: 

  • Coercive control or patterns of isolation, degradation, intimidation, and control coupled with physical or sexual violence 
  • Emotional or psychological abuse
  • Sexual or physical abuse
  • Economic or financial abuse
  • Stalking and all forms of harassment 
  • Digital or online abuse 

How can a domestic abuse solicitor help you?

Though you can always represent yourself or a loved one in a domestic abuse case, you got better things to do — heal and keep yourselves safe pending litigation. So, the most level-headed person who can take on your case, defend you when you have to go to court, and lead you on your road to victory is your lawyer. 

First and foremost, your domestic abuse lawyer will assess your situation, determine the facts of the case, and ask the hard questions to build your case. After hearing your narrative and painting a clearer picture of your current circumstance, he will suggest the best courses of action that you should take to protect and vindicate your rights. This might involve filing an emergency protection order, child arrangements order, or temporary restraining order in the appropriate court. His suggested courses of action will also most likely result in filing a criminal and civil case in court. 

When your case reaches the court, your lawyer will draft your Affidavit Complaint, ensure that it follows the proper form, submits the same to the appropriate court, and ensure that the other party is notified of the said complaint. 

Your lawyer will also ensure that the other party observes the procedural due process in answering the affidavit. Should the other party fail to comply with the same, your lawyer will raise the matter and petition the court to rule the case ex-parte. If your case reaches the litigation stage, your lawyer will be the one to interpellate all the witnesses brought to court. Aside from that, he will also screen the pieces of evidence presented and make necessary objections.

His role doesn’t end after the hearing. When you win the case, he will also ensure that the court order will be implemented according to its letters and intent. In other words, he will be your ally from the start until the final stage of your domestic abuse case. 

Given the crucial role of a lawyer in a domestic abuse case, it, therefore, follows that you should be careful in choosing one. Know your options, research, and choose a lawyer who is more than capable of advancing your cause and winning your case. 

Top 4 Questions to Ask When Hiring a Criminal Defense Attorney-Guest Post

   

Criminal Defense Attorney

You don’t want to think about needing a criminal defense attorney. Unfortunately, sometimes, it is necessary to protect your rights and to have a strong defense. The U.S. Constitution guarantees everyone a fair trial, and that means you are allowed to be represented by the best criminal defense attorney in Minneapolis. Before you hire an attorney, you should ask prospective attorneys these top four questions.

Question #1: What Is Your Background?

You want to make sure the attorney has defended people who are facing similar charges to yours. Therefore, you should ask the attorney for their background. You might want to avoid an attorney who has not tried many cases that are similar to yours or if they are new to criminal law. The more experience an attorney has, the more likely the attorney will understand how different judges operate. They will know the process and the correctional facility personnel. The ones with less experience will have to build these relationships and knowledge of judges. This will make the difference when your case is heard. 

Question #2: What Is Your Approach?

Every attorney has his or her way of doing things. You need to know whether the attorney is a good fit for you. Therefore, you want to ask what their approach to different types of cases is. If you agree with that approach, you can choose that person. However, if the approach doesn’t match your thinking, you might want to pick a different attorney. You also might not like how they approach you as the potential client. You want attorneys who will make you feel calm and not stressed. You want an attorney that makes you feel confident in his or her abilities. You want an attorney who will put your needs and fears first. Attorneys should approach you with the temperament that matches the seriousness of the charges and your personality.

Question #3: What Is the Cost?

Whether your criminal defense attorney will meet your needs depends on many factors beyond the fee to retain counsel. Still, it is an important question to ask. Some defense attorneys are out of your reach financially. Knowing whether you could afford to hire an attorney is helpful information. However, you might be facing a case where one or two attorneys specialize. In that case, you won’t have many options on the fee. You also might want a particular attorney because the person’s style and personality match yours. This would be a case where you would pay the fee regardless of the cost. In most cases though, the cost is important and must be known before picking an attorney.

Question #4: How Are Fees Accepted?

You will want to know how payments are accepted. Some criminal defense attorneys are willing to spread the fee over monthly payments. Others prefer to have their payments through the half at the beginning of the case and a half at the end of the case. You might meet attorneys who could accept payments through new technology while others wish to have a credit card on file. However, your attorney accepts payments and will determine how much money you need to have to retain counsel. You might have to ask for help or get a loan. Asking this question upfront will help you plan your financial strategy.

Author bio: Criminal Defense Lawyer, Lynne Torgerson Esq. has nearly 30 years of experience in law.

She can handle all criminal charges, gun rights, all felonies, gross misdemeanors, and misdemeanors, throughout the State of Minnesota including the Twin Cities of Minneapolis / St. Paul.  Ms. Torgerson, Esq., graduated from the University of Minnesota with a double major, with degrees in political science and psychology.  Follow Lynne on Twitter @lynne_torgerson.

What are The Possible Consequences of DUI for U.S. Immigrants?- Guest Post

   

DUI Immigration

DUI or Driving Under the Influence (of drugs or alcohol) carries harsh penalties, but the consequences are even more dire if you are not a citizen of the United States.

 

Many immigrants think that a DUI offense cannot affect their immigration status, but the truth is that criminal convictions, especially crimes of moral turpitude — which includes DUI, may be enough basis for removal, denial of entry, denial of application of citizenship, and other immigration consequences.

 

Any non-U.S. citizen charged with DUI needs an experienced immigration attorney to help them manage the immigration-related implications of a conviction.

 

Consequences of DUI for Green Card Holders

 

Can a person legal permanent resident status be deported because of a DUI offense? Well, the short answer is YES. Your green card or LPR status cannot protect you against removal from the U.S., especially if you’ve committed a criminal offense, such as a DUI.

 

While one misdemeanor DUI may not put you at risk if being deported, multiple DUIs or a felony DUI can. The common charges associated with a DUI offense such as criminal damage, endangerment, having children in the car, or driving under the influence of drugs can also render you deportable or inadmissible to the United States.

 

Green card holders and LPRs with DUI convictions could be tried in immigration court. If the judge determines that your offense matches any of the grounds for deportability, you can have your green card taken away.

 

Moreover, those with their green card applications still pending approval may find that a DUI on their record can make the entire process longer than usual.

 

Consequences of DUI for Current Visa Holders

 

If you’re in the United States on a valid visa, a DUI arrest could bring severe consequences your way. Both the federal government and immigration authorities take DUI offenses very seriously. Many DUI offenders have had their visas revoked by the State Department and were either deported or required to re-apply.

 

Even if you did not end up having your immigrant visa revoked, a DUI offense could still create problems for you once you leave and then re-enter the United States. A crime on your record could subject you to increased customs scrutiny when reapplying for a visa or, worse, become a ground for inadmissibility and bar your entry into the U.S.

 

According to U.S. Immigration laws, people who have committed crimes of moral turpitude may be ineligible for admission to the United States. Multiple DUI offenses and DUI with aggravating factors typically involve moral turpitude and can make you inadmissible to the U.S. after having left.

 

Consequences of DUI for Undocumented Immigrants and DACA Recipients

 

Those who are in the U.S. without immigration status are already in a very vulnerable position, and a DUI on their record will only put them in a tighter spot. In many parts of the country, immigration officers have been making arrests and deporting people who are both undocumented and with prior DUI.

 

If you’re a DACA recipient or applying for one, committing a DUI offense could likely cost you your DACA status. DACA is a discretionary benefit. Any convictions can affect your DACA eligibility and put you at risk of deportation.

 

Because of the grave consequences of DUI, it’s critical for DACA recipients with DUI charges to work with a DUI attorney who is experienced in mitigating the immigration consequences of driving under the influence.

 

Consequences of DUI on U.S. Citizenship Application

 

As a green card holder, the most natural next step is to apply for a U.S. citizenship. But since one of the primary requirements for naturalization is “good moral character,” a legal permanent resident with a DUI charge will generally have a harder time obtaining citizenship than others.

 

In many states, naturalization is usually denied if the applicant has a DUI or DWAI type conviction within the past five years. For a better shot at getting approved, wait until at least five years since your conviction has passed and you have established a clean record before applying for citizenship.

 

Note, though, that even after five years, a DUI charge can still delay your application for naturalization because the USCIS will likely require you to provide court documents about your conviction/arrest and study the circumstances surrounding it before coming up with a decision.

 

Get Legal Help

 

Any criminal conviction, not just DUI, can have extensive and lasting immigration ramifications. Handled improperly, a DUI charge can lead to deportation or – worse – cost you your U.S. citizenship.

 

To ensure that the immigration consequences of your DUI, or any criminal offense, is given full consideration and does not jeopardize your chances of permanently living and working in the United States, contact an experienced criminal and immigration lawyer for advice.

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time. 

Observing Road Safety In The Time of COVID-19- Guest Post

   

Covid DWI

You would think that with fewer vehicles on the road due to COVID-19 lockdowns, the streets and highways would be safer, and the number of road accidents would drop.

However, the number of people killed in road mishaps in the United States instead rose 4.6% from January to September 2020, according to the National Highway Traffic Safety Administration (NHTSA).

Authorities are blaming the increase in traffic crash-related deaths on the risky driving behavior of people who get lulled into a false sense of security by the dearth of vehicles on the road.

Because driving lanes have become so much broader and clearer, many drivers took to driving faster than usual. They probably saw that there is a lack of enforcement due to the pandemic, which emboldened them to speed up and commit all kinds of traffic violations.

Still, the perceived lack of traffic stops in the time of COVID-19 is not an excuse to neglect road safety. To avoid becoming a statistic or facing, among other things, vehicular endangerment charges, it would be in your best interest to do the following:

Follow Speed Limits

Most people have a need for speed, and it’s really tempting to fill that need when there are so few vehicles on the road.

Nevertheless, fewer vehicles on the road don’t mean it’s safe to drive fast. You could lose control of your car at certain speeds, and you could hit a road barrier, the few other vehicles on the road, or worse, pedestrians or cyclists.

Follow speed limits at all times, pandemic or not.

Wear Your Seatbelt At All Times

With more drivers driving at faster speeds during this pandemic, there is always the risk that you’ll cross paths with one of them.

To be on the safe side, always buckle up when you go driving. After all, wearing your seat belt is the single most effective way to protect yourself in the event of a crash.

When buckling up, always remember to:

  • Secure the shoulder belt across the rib cage and the lap belt across your pelvis to better withstand crash forces.
  • Keep the shoulder belt away from your neck.
  • The lap belt should not rest across your stomach. It should be firmly placed across your hips.
  • Refrain from putting the shoulder belt under your arm.

Follow All Traffic Signals and Road Signs

Having fewer cars on the road is not a license to ignore traffic signals and road signs.

Even when there are no other vehicles at an intersection, always wait for the traffic light to turn green. A speeding driver emboldened by the near-emptiness of roads might just pop up trying to beat the red light, and you wouldn’t want to be on that vehicle’s path.  

Never Tailgate

Far too many road accidents have been caused by people driving too close to the car in front of them. 

Aside from possible car damage that may result if the vehicle ahead of you suddenly steps on the brakes, you could get involved in a road rage incident that could even be more dangerous.

In a world where there are fewer cars on the road, it wouldn’t make a lot of sense to be tailgating with all the available space. It would be even more senseless to do this when the driving conditions are bad, like wet or icy roads.

The three-second rule applies during COVID-19 as much as it did before it became a pandemic. 

If you pass a tree, telephone pole, or any fixed object less than three seconds after the vehicle in front of you passed it, then you are too close. Reduce your speed to increase the separation between your cars.

Keep Your Situational Awareness At A High Level

As mentioned earlier, the reduced number of vehicles on the road due to the pandemic can lull you into a false sense of security. Some speed up, while others ignore road safety rules.

Then there are those who become complacent about their driving and lower their guard.

There is no road scenario that allows any driver to be lax about their situational awareness. 

Drivers must always be alert and mindful of other vehicles, drivers, and pedestrians, even when there are few of them around. Constantly scanning your entire driving environment can help keep you out of trouble.

Never Drive Impaired

Drunk driving has already ruined the lives of tens of thousands of people long before the pandemic.

Although some areas reported a decline in driving under the influence or DUI arrests in the time of COVID-19, others aren’t so lucky.

DUI will always be a criminal offense, with or without a global pandemic.

If you get arrested for DUI during COVID-19, your risk of contracting the coronavirus will likely increase, as you will be spending a night (at the very least) in jail, sharing a cell with strangers who could be carriers.

And if you drive drunk or high on drugs, you could get involved in a car crash that might hurt other people.

Always stay safe on the road, even long after the COVID-19 pandemic goes away.

What Makes A Good Fort Mill Criminal Defense Attorney?- Guest post

   

DUI Law

What Makes A Good Fort Mill Criminal Defense Attorney?

 

Looking for a good Fort Mill criminal defense attorney but don’t know which is best? Want to understand what makes a good criminal defense lawyer? If yes, read till the end. 

If you have been charged with a criminal offense in Fort Mill, you need to look for the best attorney to represent you and strengthen the case. But don’t try to rush through this process, as your attorney is the only savior. 

You have complete right to ask questions from attorneys that are important to you to determine whether it’s the best representation for you or not. One of the most important things that matters the most is their experience and latest projects in criminal defense. Whether the charges are for DUI or any other severe crime, you need to choose the right Fort Mill DUI Attorneys.

However, not every lawyer is suitable to represent your case. Thus, here are some guidelines to follow when selecting an attorney:

1. Integrity

Your attorney should have a high level of integrity. He should be honest and open to any information. There should be nothing hidden from you in any situation by the lawyer. He must keep the client informed about the progress of the case and the possible results of proceedings. If your lawyer isn’t honest enough, then there is nothing to trust him for. 

Knowledge and Experience 

Every lawyer gets through the law college within four or more years to acquire enough knowledge. After they get a past, they are allowed to practice their profession legally. Just like any other profession, lawyers also have different specialization. 

Thus, you need to find a lawyer who has expertise in criminal law to represent your case strongly. A knowledgeable lawyer is familiar with the law and may have handled similar cases. Thus, he can provide you with the best solutions to prove your innocence in court. Now, you know you should hire someone who has enough knowledge and experience in criminal law. This will enhance your chance of winning the case. So, make sure you find an expert criminal lawyer who has enough experience to defend in the criminal prosecution.

2. Research Skills 

Your lawyer should be able to research the court proceedings and legal research to find precedents and other cases with a bearing on his. Apart from this, he should also look for any evidence missed out by the police in the case. The lawyer should investigate the case in a more deep sense so that nothing is overlooked. Moreover, the attorney should have a sharp mind to look at things more clearly. He should have an analytical mindset to approach.

3. Communication 

Having an attorney with great relational abilities can be an extraordinary method to win your criminal case. Notwithstanding the charge you’re confronting, it’s critical to pick a criminal safeguard attorney who can convey lawful exhortation such that you’re ready to unmistakably comprehend the laws associated with your circumstance, the alternatives accessible to you, and the potential issues that may tag along the way.

The lawyer should be a gifted communicator. He must be a great speaker and should utilize his ability all through the court. It does not end with just being a good speaker, but your lawyer should also be a great listener so that he can answer you. This will help you build a great relationship between you and your lawyer.

4. Confidentiality 

When it comes to a criminal case, you should always look up to a lawyer that maintains confidentiality and understands the importance of secrecy. The right attorney will take care of your every personal information with utmost care. So, if your attorney isn’t keeping information closed between you and is sharing it among other peers and external sources, then you know there is no confidentiality maintained. 

Thus always look for someone that does not compromise with your personal information and case-related matters. 

5. Flexible with Fee Arrangements 

Most of the time, hiring a criminal defense lawyer is quite expensive. Many professional criminal defense attorneys in a law firm that offers top-rated legal services and exceptional customer service ask for an advance payment. Thus, you need to look for a firm that is open to flexible fee arrangements during the duration of the case. 

You should also look for law firms that are ready to take a case within your budget. So that you get the best legal representation without compromising your bank account.

Conclusion

At last, every law firm has highly experienced and reliable Criminal Defense Attorney Fort Mill that may fit your budget. But the most important thing that matters is how much you can trust them with your case. Thus, you need to make sure everything is fine according to you so that you can rely on them and have the utmost confidence in them. I wish you all the luck that prevails!

 

Aggravating Factors That Will Make Your DUI Even Worse – Guest Post

   

DUI

Getting arrested for driving under the influence is bad enough.

Whether your DUI case is prosecuted under state law or federal law, the consequences are just as serious.

You can always get the services of a local DUI lawyer or a federal charges attorney to improve your chances of avoiding the penalties. 

Still, if a judge decides to convict you just the same, you can expect to pay hefty fines, lose your driving privileges, undergo probation, install an interlock ignition device in your car, attend DUI school, and spend time in jail, among other things.

However, if you think things couldn’t get any worse, you couldn’t be more wrong.

DUIs can quickly get from bad to worse if the following aggravating circumstances are present at the time of your arrest:

A BAC Way Above The Legal Limit

You can get arrested for DUI in most states if your BAC level is at 0.08% or more.

However, a BAC level between 0.15 and 0.19 percent will lead to an Extreme DUI charge in Arizona.

If that BAC level is at 0.20% or more, then the state will charge you with Super Extreme DUI.

From the sound of the said charges alone, you can already tell that the penalties and fines that come with them will be much bigger and harsher.

Jail time for a first-time Extreme DUI offender, for example, is set at 30 days. For those convicted of Super Extreme DUI, that figure increases to 45 days.

You’re A Repeat Offender

While courts are generally more lenient to first-timers, repeat offenders do not get the same kind of treatment.

If it’s your second DUI, you’ll be paying higher fines, serving more time in jail, and suffering a lengthier driver’s license suspension.

A third DUI offense, however, is an entirely different story. While your first two DUI charges will be generally treated as a misdemeanor, a third offense will be upgraded to a felony in some states.

Jail or prison time for a felony DUI in some states may range from six months to a full year. Fines could also be up to $10,000.

You Had Children As Passengers

One of the biggest mistakes you can ever make if you decide to drink and drive is to have children in the car with you.

If you’re over the age of 18 and you get arrested on suspicion of driving under the influence with kids in the vehicle, you will quickly find yourself in a world of trouble.

Having children in the car during a DUI is an aggravating factor that results in severe consequences, from years of jail time, dozens of hours of community service, and thousands of dollars in fines, although the figures may vary from state to state.

And as if aggravated DUI charges are not enough, DUI offenders caught driving with minors as passengers will also be facing separate child endangerment charges.

While child endangerment laws differ by state, the punishments are pretty much similar. The severity of the penalties will depend on whether you were charged with misdemeanor or felony child endangerment.

Since a conviction for both DUI and child endangerment will potentially ruin your life, please have the presence of mind never to drink and drive with children in the car.

You Caused Injury Or Death

Nothing could make things worse for you than if you injured or killed another person in an accident caused by your drunk driving.

DUIs that involve serious bodily injury or death are often charged as a felony, and as such, they carry severe consequences. 

The penalties may differ from one state to another, but a felony conviction for a DUI that hurt or killed someone generally comes with multi-year prison sentences that could reach 25 years in some states and fines of up to $10,000 or more.

Injured victims and the families of those who died in an alcohol-related accident may also charge the DUI offender in civil court for damages.

Worst of all, the mutilation, disfigurement, permanent disability, or death of a drunk driving victim will be gnawing at the conscience of the DUI offender who caused it for the rest of his or her life.

If you drink and get behind the wheel, make sure you know a skilled and experienced DUI attorney who will represent you if you get arrested for drunk driving.

Still, there’s no better way to avoid being in a really bad DUI situation than not drinking and driving at all.

 

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time.