Mamaroneck, New York

Differences Between DUI and DWI

If you are pulled over by an officer for suspicion of drunk driving, you can face one of two charges depending on the details of your actions. Both acronyms DUI and DWI refer to someone operating a motor vehicle while under the influence of alcohol and/or drugs; however, there are some differences that many people aren’t aware of. Primarily, the difference between these two types of charges literally comes from what the acronyms stand for. While DUI stands for driving under the influence, DWI stands for driving while intoxicated.

These two charges may sound similar, but some states classify them as separate and distinct actions with a different set of consequences. Facing either charge can be a stressful and frightening time in your life. Fortunately, a dui defense lawyer can help protect your rights and interests in even the direst situation.

Depending on the state you live in, these two charges may both be used and be classified as separate charges. If this is the case, DUI is typically used for drivers that are less impaired. Additionally, if both terms are used in a state, DWI may refer to driving while intoxicated of just alcohol, while DUI refers to a driver under the influence of alcohol or drugs. Either charge means at the time of arrest, the officer believed the motorist was too impaired to operate his or her vehicle safely.

In some states, the terms are used to differentiate between drunk driving charges issued to minors verses those issued to individuals who are over the legal drinking age. In states with these regulations, they also often have a “zero tolerance” policy, which means a driver will face charges even if they register less than a .08% BAC.

If your state uses both DUI and DWI, the state may agree to a plea bargain for those charged with DWI. In this case, the judge may reduce the level of charge from DWI to DUI if certain conditions are met. An example of one of these conditions is if this was the driver’s first offense and his or her BAC was not over the state’s legal limit.


Effects of a Traumatic Brain Injury

Suffering a traumatic brain injury (TBI) can be a devastating experience for anyone. When trauma to the head is sustained due to a motorcycle accident, a fall, an explosion, or any other common cause of traumatic brain injury, the effects can be far-reaching and extremely difficult to cope with.

Types of Traumatic Brain Injury

The degree of severity of TBI varies widely. Mild cases of TBI may result in a temporary and brief loss of memory, loss of consciousness, confusion, irritability, headaches, sleepiness, visual and/or auditory impairment, fatigue, or nausea. More severe cases have longer-term effects, and may result in permanent changes in the victim’s motor and cognitive functions, as well as their personality.

Some common types of TBI include:

  • Brain Damage
  • Concussions
  • Contusions
  • Hematoma
  • Memory Loss
  • Seizures

How long do the effects last?

In most cases, the effects of TBI clear up on their own with minimal medical intervention over a short period. In others, however, the effects can linger, leading to anger, depression and frustration. It can significantly affect a person’s work, health, family, and social life. If left untreated, moderate to severe TBI can lead to a gradually worsening medical situation for the patient.

This is especially true if the injury is a result of the negligence or carelessness of the person or persons who caused the accident. For some sufferers of TBI, finding constructive ways to deal with this type of tragic situation can be extremely frustrating. Fortunately, pursuing legal action against those responsible for an injury can help to provide financial relief for many of the problems caused by TBI.

Personal injury attorneys would know about comparative negligence, and joint liability, and the laws governing personal injury claims. The lawyer will also be able to tell if a particular case merits filing a case for TBI.


Truck Factoring to Help Cash Flow

The health of any business, and in particular small to medium ones, can be made or broken by cash flow. No matter how well the business is doing on paper, when payments don’t come in when needed to keep the wheels turning, the business may be in trouble. This is especially true for the trucking and freight industry, where a lot of small operators with one or two trucks are the backbone. When payment terms are 30 to 60 days, it can become a real problem. This is where truck factoring comes in.

What is truck factoring?

Simply put, truck factoring is when business owners trade their accounts receivable (i.e. invoices for trucking contracts) for an advance of 97% or so of the total amount to a financing company. It is similar to rediscounting, but the charges are much smaller. Truck factoring companies will charge as little as 1%, or as much as 3%, of the total amount as a handling fee, and will undertake the collection of the account receivable.

How does this help with cash flow?

Ideally, a trucking company will have sufficient cash flow that it can wait for its accounts receivable to become due. But if this is not the case, truck factoring ensures that the truck business owner has the funds to keep the business going even if their contracts have 30 to 60 day payment terms. After all, overhead expenses come in daily, and owners can’t afford to keep their trucks idle while they wait for payments to come in to fund daily operations.

Truck factoring is miles ahead of any other type of financial assistance for business owners because the processing time is short and the charges much smaller. Initially, the truck factoring service will advance 90% of the total amount due, keeping the 10% in escrow until a successful collection. The truck owner will then get the remaining money due less the service charges of the truck factoring company. It is the best way to keep the cash flowing in the right direction.


A Few Bankruptcy Options

With over a million people filing for bankruptcy annually, it shows that more people are becoming aware of their legal rights regarding financial problems. Filing for bankruptcy is not necessarily intended as an escape from monetary debts, but rather a way to enable you to gain back control of your financial life for a fresh start.

A bankruptcy attorney usually understands the unbearable pressure that often accompanies increasing, unmanageable debts. He or she also knows that this is almost always followed by agents or creditors hounding you for your debt’s payment, mortgage foreclosure, or repossession of your vehicle.

A bankruptcy attorney can help you find a workable solution, though. Through his or her training and expertise in bankruptcy , many individuals, families, and business owners have been able to settle debts in ways that were best for them. With his or her help, you too can improve your finances. By helping you assess your real financial status, a legal professional can help you understand which particular bankruptcy structure is best for you:

  • Chapter 12 bankruptcy
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 11 Bankruptcy

Chapter 7 is a personal bankruptcy usually invoked by those with overwhelming debts and a low enough income to help them save their assets and get rid of certain debts. Chapter 13 will keep you from being hounded by creditors and give you a certain amount of time and structured plan to pay off your debts. Chapter 12 on the other hand, is very similar to Chapter 13 but offers certain benefits and special support to fisherman and farmers who are seeking financial assistance through bankruptcy. Chapter 11 allows businesses to restructure and pay off certain debts while still remaining in operation. Depending on your situation, you may qualify for multiple types of bankruptcy; however, one type is likely to be the most beneficial for you.


New York City Mayor Proposes Plan to Hide Cigarettes from Store Shelves

Following 2003′s Smoke-Free Air Act, which banned smoking in workplaces, bars, and restaurants, New York City mayor Michael Bloomberg has proposed a new plan that he hopes will further reduce smoking in the city.

Bloomberg’s proposal, which he put forth to the city council this week, would make it illegal for stores to have cigarettes on display. Vendors will still be allowed to carry and sell cigarettes, but they will have to be hidden from sight.

hiding cigarettesSince the 2003 smoking ban became law, adult smoking is down 6.7 percent. The idea behind the new proposal is to reduce impulse cigarette purchases, especially among younger individuals, further reducing the amount of people who smoke.

More than 7,000 people die of smoking-related illnesses every year in New York City alone. Hopefully this new proposal can  have a hand in reducing the number of smoking deaths that occur in the city.


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