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If You’re Arrested, Be Cooperative But Know Your Rights Too

If you are ever arrested, you want to make sure you are cooperative with the police. At the same time, you want to make sure they are not overstepping their boundaries to step on your rights.

“You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.”

These are the Miranda Rights that are read to every person who is arrested. Obviously a defendant is free to answer any questions the police might have without their lawyer present, but it’s certainly not advised. The right to remain silent and to have an attorney is a protection for the defendant who may as well take advantage of it.

Everyone is presumed innocent until proven guilty. The police and prosecution can and will use what they can against you so it’s wise to take advantage of rights, including the right to bail.

By posting bail you are free to live at home during the trial period, instead of jail. This works to your benefit as you get to return to your family and work. You also get to meet with your lawyer more privately to build a stronger case for court. Do your best to remain poised and confident (yet still compliant) with authorities if you are ever detained or arrested. Knowing your rights will definitely benefit you here.

If you are arrested

  • You have the right to remain silent. You must clearly state this if you wish to exercise this right.
  • You have the right to an attorney.
  • You have the right to know and understand the charges made against you.
  • You have the right to leave if no charges are filed against you within 48 hours of your arrest. This time limit is for Tennessee. Other states are 72 hours.
  • You have the right to deny police and investigators to search yourself, belongs, and property if there is no warrant
  • You have constitutional rights, regardless of your citizenship status.

You also have the right to bail. Bail is very expensive and most people cannot afford to pay their bail on their own. That’s why most people prefer to post bail with a bail bondsman.

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Drunk Driving in a Borrowed Car

Drunk driving is always bad, but getting caught driving while under the influence of alcohol while using a friend’s car, things become even more complicated.

If you were simply pulled over, the issues associated with the fact you were in a friend’s car may be minimal. The biggest headache is that the car will likely be impounded. Paying the fee to get it out of impound as well as any connected towing fees will be something you and your friend will have to work out amongst yourselves.

If you were in an accident, things become more complicated.

First, you will be arrested for the incident. How long that takes will depend on whether you were significantly injured. If you sustained injuries during the incident, you’ll be taken to the emergency room before the arrest. If you weren’t hurt, you’ll be taken directly to jail and charged with drunk driving and any other charges that can be connected to the incident.

One of the first things the prosecution team will want to know is whether the vehicle’s owner knew you were drunk when you borrowed their car. If they didn’t, they won’t be held legally liable for the incident. If you have a history of DUI, some lawyers might say that because they knew about your relationship with alcohol they should have realized that there was the possibility of your friend/loved one getting behind the wheel of your car after drinking you are at least partially responsible for the incident.

As for the damages to the vehicle/property/and injured people, the best course of action is to contact the insurance company right away and alert them to the entire situation. Different insurance companies have different policies for handling the claim. They will likely need information about the driver’s record/insurance/substance abuse history. You should be prepared for the insurance company to conduct a thorough investigation which will likely slow down any payments.

The impaired driver of the vehicle will be charged with a DUI. The consequences of a conviction will depend on if they were involved in an accident, have prior DUI arrests, and if they violated any other traffic and/or criminal laws during the incident.

The consequences of a first-offense DUI charge are potentially getting sentenced to up to 48 hours up to 11 months, 29 days for offenders, a fine that ranges from $350-$1,500, and Loosing your driving privileges for six months.

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4 Things Police Look for When Searching for Drunk Drivers

Most of us have been there at least once in our lives. Even though we were perfectly sober at the time, the police pulled us over for a seemingly silly reason. The reason the police do this is that they have been trained to recognize these relatively minor driving issues as signs that the driver is impaired.

Driving At a Certain Time

It might not be fair, but there are certain times when you’re more likely to be pulled over for a suspected DUI than others. The most common time is between 2 and 3 in the morning. This is when the bars close and people are driving home. Not only are there fewer cars on the road which increases the likelihood of you catching a patrol officer’s eye, but most people who are on the road at that time of the night are leaving a bar or club. This is why so many bartenders are pulled over after they’ve left work.

Driving too Slowly

Weirdly enough, driving too slowly is one of the best ways to be pulled over for a suspected DUI. While there are a few different reasons people will drive slowly, DUI is the most common one. While every person is different, most people who are inebriated drive slowly because their reflexes aren’t as sharp as normal and they’re overcompensating and being overly careful. Not only will the extremely slow driving catch the eye of a passing patrol officer, but your slow driving can also be a road hazard.

Erratic Acceleration and Deacceleration

If you’re rapidly accelerating and deaccelerating for no apparent reason, you shouldn’t be surprised when you spot red and blue lights in your rearview mirror. The inability to gauge how heavily you’re pressing down on the brake and gas pedal are early indicators of inebriation.

Swerving

Swerving in and out of your lane isn’t just a sign of a potential DUI, it’s also dangerous. When you’re drunk, the swerving indicates that you’re having a difficult time staying focused, that you’re not in full control of your motor skills, and that there’s a serious risk of you getting into a serious accident.

Even if you haven’t been drinking, if a cop spots you swerving all over the road, there’s a good chance that in addition to issuing a sobriety test, they’ll also give you a ticket for erratic or reckless driving.

Patrol officers are extremely good at spotting individuals who are DUI and will not hesitate to pull you over and issue an immediate sobriety test. The best way to prevent this from happening is to make sure you always have an alternate way to get home, such as a designated driver or a ride-share pickup, when you’re going out for drinks.

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Tips for a Peaceful Holiday Family Gathering

This is the season when many of us are getting together with both our immediate and extended family to celebrate the holidays. While this is supposed to be a fun time that is full of joy and shared memories, all of us are painfully aware that whenever a family gathers, there’s always a chance that an argument will break out.

While you might not be able to completely prevent family discourse over the holidays, there are some things you can do that will help you maintain the peace during gatherings.

Know Your Limits

Before getting together with your family for the holidays, take a few moments to access your mental and emotional health. Are you in a good state of mind or do you feel like it wouldn’t take much to push you over the edge? Take another moment to determine how much time you can spend with your family before you find your emotions starting to unravel. Commit yourself to only spending that amount of time at the gathering before you make your excuses and leave. Don’t be afraid to leave early if your family becomes too much. It’s far easier to apologize for leaving early than it is to apologize for getting into a massive argument with your siblings.

Don’t Bring Up Old Problems

Treat this family gathering as a blank slate. Old arguments, complaints, and other issues should be pushed aside and allowed to rest. If you have a problem with how a relative has treated you in the past, try to avoid that particular relative at this particular gathering. Once the holidays are over, you can always call them and try to resolve the issue.

Evaluate Your Attitude

You may not be able to do much about your cranky uncle or bickering parents, but you can do something about your attitude. Instead of approaching the family gathering with a chip on your shoulder, convince yourself to be tolerant and cheerful. This is one of those fake it until you make it situations, when you’re cheerful, even when you’re forcing yourself to be, you’ll notice others respond positively to you. Before you know it, your good attitude will have shifted the gathering’s entire atmosphere and everyone will be having a good time.

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The Most Common Crimes That Occur During the Holidays

Most of us associate the holidays with happiness, family, and love. While many of us focus on the good things during the holiday season, police departments throughout the United States will quickly tell you that crime doesn’t stop during the holidays.

What members of law enforcement have noticed is that certain types of crimes seem to take place during the Christmas season.

DUI

Police expect that most of the arrests they make during the holidays will be related to DUIs. More people make the bad decision to drive after they have been drinking during the holidays than most other times of the year. There are several reasons this happens including:

  • People drink more than they realize during holiday parties
  • Some people realize how lonely they are during the holidays and drink to make themselves feel a little better
  • Teens have more time on their hands after school lets out for the holidays, giving them more time to party and drink

Before you go out to a holiday party or to a bar to meet up with friends, take time to figure out how you’ll get home. If there is even a chance that you’ll have a few drinks, it’s in your best interest to arrange things so that you’re not even tempted to drive.

Shoplifting

Shoplifting crimes happen all year long, but they seem to be especially common during the holidays. Part of this could be attributed to the fact that there are more shoppers in the store. It could be that because employees are so busy during the holiday season, people who wouldn’t normally shoplift spot an opportunity and decide to take advantage of it. Or it could be that some people would like to purchase a nice gift for their loved ones but don’t have the money and are unable to resist the impulse to take the items that have caught their eye.

Fraud and Scams

The sad reality is that the holidays bring about more fraud and scam crimes than other times of the year. One of the reasons fraud and scam crimes are so prevalent during the holiday season could stem from the fact that people are busy, so they don’t pay as much attention to what is being said as they normally would. Loneliness, which is often felt more during the holidays, could be another reason so many people fall victim to fraud and other types of scams during the holidays.

While you want to enjoy the current holiday season, you also have to be vigilant and take steps to protect yourself against crime this holiday season.

What is the difference Between Driving Under the Influence of Drugs and Driving Under the Influence of Alcohol?

In California, driving under the influence means driving while under the influence of either alcohol or drugs. Many people often wonder if there is a difference between driving while under the influence of drugs or alcohol.

In terms of the charges connected strictly to your driving, there’s not much of a difference if you’re under the influence of alcohol or drugs. You will face some serious fines, probably be ordered to get some counseling, lose your driving privileges, and possibly spend some time in jail.

What is different is that if you’re caught driving under the influence of drugs, you’ll not only face the same charges connected to driving under the influence, but you’ll also face any charges that are connected to the use of the drugs you have in your system. A perfect example of this is a person who is caught driving while under the influence of prescription drugs that they don’t have a legal prescription for. They will also face charges for not having a prescription, illicit drug use, and possibly additional charges.

The other issue to consider is that some prescription medications interact badly with alcohol. If you mix the two, you could be charged with a DUI if they react strongly with one another.

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Tips for Earning a Little Extra Money This Holiday Season

Times are tough right now. We could all use a little extra income, especially with the holidays right around the corner. The good news is that now is a great time to explore the possibility of a side hustle that will put some extra money in your pocket.

Consider Drive Share Programs

If you like to drive and have reliable transportation, you may consider joining a drive-share program. With so many people worried about the possibility of getting drunk at holiday parties, they are turning to drive-share programs for a designated drivers. Demand for drive shares is high during the holidays.

While it’s possible to make some really good money while doing a drive-share program, you do need to consider how much wear and tear it will put on your car as well as the possibility that your car insurance rates will go up. You need to calculate these expenses against your possible earnings.

A Second Job

The holidays are a great time to look for a second job. Many businesses are hiring seasonal labor to get them through the holiday season. If you think a seasonal job is a great way to earn some additional money this holiday season, look for one that:

  • Can be scheduled around your current employment
  • Offers a decent hourly salary
  • Provides a steady schedule during the time you’re working there
  • Is a relatively short commute

Spare Jobs

Check out a local job board or community social media page. You’ll likely find a few people actively looking for someone to clean their house, do some yard work, watch their kids, or do some sort of other odd jobs. These spontaneous odd jobs can be a great source of extra income during the holidays. If you’re going to pick up a few odd jobs make sure that you and the person who is hiring your services are very clear about the type of work you’ll be doing, how long they’ll need your assistance, and how much you’ll be paid. It’s in your best interest to get as much on a contract as possible.