Should You Take A Breath Test After A DUI Arrest?

An officer may request that you take a breath test (breathalyzer) if they suspect that you have been driving under the influence as part of a roadside sobriety test. They may also request this test after you have been arrested and charged with a DUI offense.

Contrary to popular belief, breathalyzer test results are admissible in court if the correct procedure for administering the test was followed by the officer performing the test. Requesting this type of test after a DUI arrest or charge is a means to prove or collect more evidence that an individual was driving under the influence.

However, you have the right to refuse to take the breathalyzer test although it is not advisable to do so. Refusal can be viewed as further proof that you were driving under the influence. Certain penalties may also apply to drivers who refuse to take a breath test.

These penalties vary from state to state but in general may involve a driving license suspension, fines and/or some jail time, depending on whether a judge finds the offender guilty of the charges brought against them. The sentence may also be harsher for second or third offenders.

It is not requisite for a lawyer to be present for a breathalyzer test and it can be administered even if you have requested a lawyer and they have not arrived. If at all possible, it is advisable to speak to a lawyer before submitting to a breath test.

However, license suspension and other penalties may only come into effect after a specified period of time within which it is advisable to contact a lawyer to see whether you should contest the DUI charge and present a case as to your refusal to take the breathalyzer test.

Once again, it is not recommended to take this route, even if you have been drinking or were under the influence of another substance while driving. Rather submit to the test and fight the DUI charge using another type of defense with the assistance of a DUI defense lawyer or medical malpractice attorney.

The case may be dismissed due to an officer not following proper procedure during the arrest, charging or test administration process. While breathalyzer tests are accepted in court, they are not always 100% accurate and this can also be used as a defense. It is recommended to request a blood test or have an independent test administered if you feel that the breathalyzer test returned an incorrect reading.

Do Not Throw Out Your Defective Product

If you’ve been injured by a defective or faulty product, the first reaction is to get rid of the thing that hurt you! However, in order to file a successful personal injury lawsuit against the manufacturer or distributor, you will need to keep the faulty product as evidence. During the discovery process of your trial, your faulty product will be examined to prove there was something indeed wrong with it and there was an error when it was being manufactured. If you discard this evidence, proving your case will be very difficult.

One of the most common issues that we see here at Legome Law is people being injured by defective products but are unable to get the compensation that they deserve because they misplaced or threw out the product that damaged them. While we can bring forth your case, it is much more difficult to prove and you might not get the highest settlement possible from the manufacturer and insurance companies. There is also a statute of limitations on when you can file a lawsuit, so time is always of the essence when handling these types of cases.

There are many types of products that can be defective including but not limited to electronic cigarettes, medical devices, vehicle recalls and defects, dangerous baby products, and kids products (lead exposure), pharmaceuticals, toxic chemical exposure (asbestos) and other products that were simply not manufactured right. If you believe that you’ve been injured by a defective product please don’t hesitate to contact our product liability attorneys.



What Happens When You Violate Probation?

If you were charged and convicted of a crime but managed to escape jail time or have already served your sentence behind bars, then it stands to reason that you should take steps to avoid being jailed. Probation is a way for law enforcement to keep a close watch over offenders who aren’t necessarily a danger to society without having to keep those offenders locked up at taxpayer expense. What happens when you violate probation? Well, the short answer is easy: you’re probably going to jail. So don’t do it.

The long answer is more complicated.

Two types of probation exist: the strict kind, and the lenient kind. If you’re under strict probation, you likely report to a probation officer every so often, and you might have unscheduled visits just to check up on you. You might have a long list of strict guidelines for your probation. For example, stay away from alcohol or other drugs. If you don’t have someone checking up on you, then the only requirement is avoiding arrest.

If you’re under strict probation, then the list of ways you can violate it is a long one. You might be arrested, you might test positive for drugs or alcohol, you might fail your financial requirements according to the law, you might fail to show up for community service or educational programs, or you might fail to keep a meeting with your probation officer. Doing any of these things is bad news.

The good news is this. In Florida, the court system has a great level of control over probation violation penalties. With a good legal defense (and hopefully a reasonable explanation of why you violated probation), you can hope to avoid additional jail time. One of the best outcomes you can hope for is a simple extension of your existing probation. Depending on the original crime and the type of probation, you might only get off with a warning.

Other more lenient penalties involve community service, rehabilitation for substance abuse, or counseling. You may also incur additional fines. If the court decides to revoke your probation, you’ll serve the rest of your original sentence behind bars. Although circumstances can vary greatly, one thing is for certain: you should get yourself a qualified and experienced lawyer.

10 Cars With The Highest Death Rate

If you’re on the lookout for a new vehicle, then be sure to research the safety standards of available manufacturers. Some are obviously safer than others, but numbers are still too high even as your overall chances of a deadly accident have gone down. Here are the ten cars with the highest likelihood of fatality in the event of an accident.

  1. Beware of the Kia Rio. Even though your new car is tiny, it has the highest rate of being involved in accidents with multiple other vehicles. On top of that, there are 149 deaths for every million registered vehicle years.
  2. The Nissan Versa sedan suffers from 130 deaths for every million years, and although drivers experience fewer crashes involving more than one vehicle, your chances of getting into a single car accident are actually higher. You also have an extraordinary chance of rolling over during an accident.
  3. If you own a 4-door Hyundai Accent mini, you’re slightly less likely to be involved in a fatal accident–the rate falls to 120 deaths per million years. The rate of multiple or single vehicle crashes is moderate, as is the number of rollovers.
  4. The Chevrolet Aveo experiences 99 driver deaths per million years, and a high number of accidents with multiple other vehicles involved.
  5. The 2-door Hyundai Accent mini is slightly safer than it’s 4-door alternative, with 86 overall deaths per million hours.
  6. Sports cars can be dangerous as well, if you’re not careful. If you own a Chevrolet Camaro coupe, there are 80 deaths per million hours, and a greater number of single vehicle collisions. Stop tailgating!
  7. The Chevrolet Silverado 1500 Crew pickup nets a rate of 79 deaths per millions of hours.
  8. A 2-door Honda Civic has a rate of 76 deaths per million hours, even if it does run for a million miles.
  9. A Nissan Versa hatchback with four doors is a slightly safer option, with 71 deaths per million hours.
  10. The 4-door Ford Focus is the safest car on our list of least safe cars, with a rate of 70 deaths per million hours.

In comparison, cars with the lowest death rates average a zero across the board for deaths per million registered vehicle years, multiple and single vehicle crashes, and rollovers. The Audi wins on that front.

What To Do After A Car Accident

When you’ve been in a car accident, the fight or flight response is activated. Unfortunately, you don’t have the option of fleeing. In this situation, you’re backed into a corner, and you have no choice but to deal with the consequences of unforeseen events head on. Even though your mind is flooded with unbelievable stress hormones, you should immediately make a checklist of the things you need to do.

First and foremost, ensure your own safety. Directly after a car accident, pull off to the side of the road. If the immediate area isn’t safe, try to signal any other drivers involved and pull into a nearby parking lot. If either vehicle is put out of commission and cannot be moved, mark the site of the accident with flares if you have them, and then move to the side of the road.

Once you know you’re safe, immediately alert the police that an accident has occurred. Although the police will try to find out as much as possible about what happened and who was at fault, be careful to limit what you say. Answer questions without elaboration and never admit fault.

If you have a camera, begin taking photographs of the site of the accident–but only if it’s safe to do so. You’ll want pictures of license plate numbers, the vehicle from every angle, and close-ups of any obvious damage to any vehicles involved in the accident. If you were hurt, take a quick picture of your injury.

After that, start trading information with anyone else involved. Find out insurance policy information, and then record license plate numbers and the make and model of the vehicles. If there were bystanders who witnessed the accident, record their contact information. If anyone gives you a hard time about getting information, simply inform the police when they arrive. Don’t risk getting into a heated argument or a physical confrontation. It won’t be worth it in the long run.

In the days following your accident, document medical bills and other expenses. Take pictures of any injuries on a daily basis. Create a journal in order to record your thoughts and feelings and other information about the accident. When you find a lawyer, this documentation can help tremendously.

Common Car Accident Injuries

Most Common Car Accident Injuries

AmbulanceWhen you are involved in a car accident, there is a good chance that at least one of the parties will suffer from some sort of injury. Car accident injuries range from mild, like cuts and cruises, to severe, like spinal cord injuries, and sometimes can result in death. A car accident threatens all areas of your body. Mostly, injuries happen to the upper body. This is due to the force of the airbags and the proximity of the steering wheel, windshield, and front dashboard.

Some of the most common car accident injuries are:

  • Head Injuries
    • Traumatic Brain Injuries (TBI)
    • Concussions
    • Skull fractures
    • Brain contusions
  • Back Injuries
    • Spinal cord injuries
    • Fractured vertebrae
    • Herniated disk
  • Neck Injuries
    • Whiplash
    • Muscle, ligament damage
    • Vocal cord paralysis
  • Chest Injuries
    • Bruised or broken ribs
    • Collapsed lung
    • Traumatic cardiac arrest
    • Internal bleeding
    • Damage to internal organs
  • Other Injuries
    • Broken Bones
    • Bruises or cuts
    • Ligament damage
    • Severed limbs
    • Post-Traumatic Stress Disorder

Car accident injuries can have life altering effects. Some injuries, like spinal cord injuries or traumatic brain injuries, can have long lasting effects. Typically, if you suffer a serious injury you will lose time at work and the medical expenses will begin to add up. If this sounds like your scenario, you should contact an experienced car accident attorney immediately. A car accident attorney will analyze your individual case and determine if you are entitled to compensation. Please, do not hesitate to contact an attorney.

If you are wondering how you are going to pay an attorney, it is important to know that most personal injury attorneys do not charge for an initial consultation nor do they charge you for a lost settlement. So basically, you only pay if you win.

How to File a Nursing Home Abuse Lawsuit

When you enter a loved one into a nursing home, you are putting your trust in others to take care of that individual. Unfortunately, nursing homes have been plagued various abuse cases including verbal and physical harm, overmedication, and other forms of abuse. This can have harmful effects on your loved one, sometimes shortening heir life. If your loved one is a victim of nursing home abuse, you should file a complaint and contact an attorney immediately. Navigating the waters of a nursing home abuse lawsuit can be difficult on your own. If you or a loved one is the victim of nursing home abuse, make sure you have the proper guidance to ensure that your loved one is taken care of. Contact an experienced nursing home abuse lawyer that will best represent your needs and get you the compensation you deserve.  

Steps for Filing a Nursing Home Abuse Lawsuit

When you realize that your elderly loved one is being abused, whether it is severe or mild, you should look for legal assistance. Here are some of the steps you can follow:


  • Hire an attorney


      • The first step you should take is hiring an attorney who specializes in nursing home abuse cases. Nursing home cases can be complex and confusing. Look for legal assistance to guide you through your lawsuit and get your loved one the compensation he/she deserves.


  • Prepare to file


      • When you are getting ready to file a nursing home abuse lawsuit, it is important to gather the necessary documents. Some documents you will want to get your hands on are:
        • Nursing home contracts
        • Medical records
        • Witness statements
        • Photographs or video
    • Complaint/Petition
      • When you file a nursing home abuse lawsuit, it is referred to as a complaint or a petition. The complaint will contain information regarding claims made by you, the plaintiff, against any defendants. In addition, the complaint will contain information on the legal basis for the claim, facts relating to the claim, and the relief being sought.


  • The legal process


    • After the complaint has been filed, the process of gathering information begins. Your lawyer will begin to ask questions, interview witnesses, and prepare your case. Nursing home abuse cases do not have a set timetable, it depends on the lawyers involved and how long it takes to gather the necessary information for your attorney to build a case.

Each step to filing a nursing home lawsuit is important in its own way. The more information your attorney and you can gather regarding the abuse, the better. These cases can be a long and stressful process. Find an attorney that will guide you and/or your loved one through this process, take the stress off of you, and represent you and/or your loved one in the best light.

Wrongful Death & Survival Action Lawsuits

When your loved one is a victim of an accident and is severely injured, it can be a very a difficult time in your life. Taking care of your injured loved one while they recover can be a financial burden not only of them but also on you. Together, you decide that filing a personal injury lawsuit is what’s best to help recover lost wages, medical expenses and the pain and suffering your injured loved one is going through. But then, something tragic happens – your loved one dies in the middle of his pending lawsuit. What do you do? What are your legal rights? There are currently two options available: filing a wrongful death claim as well as filing a survival action.

Wrongful Death Lawsuit

If you are family or a loved one of someone who was killed due to someone else’s negligence (whether immediate or a few weeks after the fact), you have the right to file a wrongful death claim for damages. Damages include pain and suffering while your loved one was injured, current and future income they may have been lost during your loved one’s injury, funeral expenses and outstanding medical bills associated with your loved one’s injuries.

Survival Action

A survival action is slightly different. You are seeking damages on behalf of your now-deceased loved one. In layman’s terms, you are continuing the personal injury case. Usually, the person who files for a survival action is the executor of your loved one’s estate. The estate files a survival action to seek damages relating to the pain and suffering of the victim, medical bills and lost earnings, similar to what your loved one could have recovered in a personal injury lawsuit if they would have survived.  Any compensation awards to the estate is then dispersed directly to the estate and then distributed according to the victim’s last will and testament.

If your loved one died at the hands of someone’s recklessness, give us a call for a free consultation to discuss your case. You might be entitled to file a wrongful death claim and/or a survival action.



Is Domestic Violence A Personal Injury?

Domestic violence is an epidemic not only affecting couples in the United States but around the world. According to the World Health Organization, 1 in 4 women will be victims of severe domestic abuse by an intimate partner at some point in their life. For men, the odds are slightly better at 1 in 7. A report from the World Health Organization also told us that a man or woman that is exposed to domestic violence as a child is 3-4 times more likely to abuse their partner. The most alarming statistic comes from a survey from Domestic Violence Statistics that stated: “a woman is beaten every nine seconds in the U.S.” If you are a victim of domestic violence, you should alert authorities then try to have a restraining order granted. Once you are away from the situation and safe, you can proceed by inquiring about a divorce and check out if a civil suit is applicable in your scenario.

Is a Divorce Necessary?

A divorce is likely necessary to enforce any kind of damage award in a civil suit. This is because in the court of law, a married couple’s assets are considered joint-property. Technically, the court cannot make a jury decide a verdict that “takes” money from one spouse and “gives it to the other.

You do not have to finalize a divorce before filing a civil lawsuit. If you file for a civil lawsuit during the divorce process, the damages you are owed will be factored into the reward of the divorce. In an ordinary divorce, the assets will most likely be split 50/50. For example, if a couple is determined to be with 500,000, they would split the money $250,000 – $250,000 even. If the wife is suing for domestic violence and is awarded $75,000, the new split would be $325,000 to the wife and $175,000 to the husband.

Types of Civil Claims

The victim of domestic violence has three types of claims that they can file against the abuser: assault, battery, and intentional infliction of emotional distress. In theory, assault and intentional infliction of emotional distress do not have to involve physical contact. Battery, on the other hand, is only involved when there is physical contact involved.

If the abuse is physical, the reward will be determined by the severity of the abuse. Even if there are less severe damages, such as bruises, or no physical harm at all, the victim of domestic abuse can still sue for emotional pain and suffering. Many of the domestic abuse cases that have been recorded are not only for one instance of domestic abuse, they are usually built up with numerous occurrences over months or sometimes even years. The damages being sued for do not have to be for just a single reported case, if the victim had been abused by the same abuser more than once over a period of time, there can be a cumulative effect on damages.

When creating a case for emotional pain and suffering, an expert witness may be necessary. An expert witness could be a psychiatrist, psychologist,or any other mental health physician. The expert witness will give a testimony on the victim’s behalf that solidifies the claim of the abusee stating that the mental health issue the victim incurred is a direct result of the abuse suffered. The most common mental health issue that is associated with domestic abuse is post-traumatic stress disorder (PTSD). PTSD can affect victims for a lifetime and it is required that a medical professional supplies the court with proof of the disorder and testifies on the victim’s behalf.

Domestic violence between partners is a growing epidemic throughout this country and the rest of the world. Many think that domestic abuse can only affect women, but it can also affect men. It is important to continue increasing the awareness of this crime that is committed not only by ordinary people but by athletes and celebrities as well.

What To Do With Your Estate After You Win A Lawsuit

All right, great: you just won a big lawsuit or snagged a decent settlement, and you’re content to be swimming in a sea of cash for the rest of your life. But with great money comes great responsibility, and you’ll need help determining how to organize your affairs, both in life and in death. If you received enough cash, then it’s important to know that you could be looking at a sizable estate tax from your good friend Uncle Sam. Either way, you’ll want to speak with an estate planning lawyer and a financial advisor to determine the best next steps for you and your family.

Here are just a few things to think about, including actions you can take right now in order to prepare yourself for what happens when you receive an influx of wealth.

Estate planning after winning a lawsuit can be a headache, but it doesn’t have to be any worse than it already is. First and most importantly, discuss with your lawyer the gross worth of your assets. If you hold real estate, then have the total worth of those properties on hand. If you don’t know, then have the properties appraised as soon as possible. This will help your trusted advisors calculate the base tax on your estate. The benefit in doing this as soon as possible is that there are ways of avoiding some of the tax burden. The benefit is nicely complemented by the fact that it’ll relieve your beneficiaries of some financial burden and the added pressures of trying to negotiate your estate’s affairs on their own.

If you’ve got the money to do so, then eliminate your debt immediately. Hire a financial advisor to help you determine the best course in distributing your assets through investment. Now that you’ve got a bit of wealth, you’ll want to accumulate more. A lot of people who receive settlement cash or lottery winnings have a difficult time adjusting to the new wealth, and don’t control their spending. Be careful, and take some time adjusting to the new numbers in your bank account.

Don’t forget that any donations you make to charity organizations can be deducted from your taxes. If you’re a supporter of a cause, then feel free to give some of the new cash away.

If you have children of your own, or would like to support the children of other friends or loved ones, then consider opening trusts in the names of potential beneficiaries. Investing in someone else’s future can be rewarding, and knowing that your kids won’t be in debt if they decide to get into higher education is a fulfilling exchange.

Your estate planning lawyer will also help you draw up a will, or amend one that you already have. You’ll know exactly where your assets will end up when you pass away, and exactly how the transition will take place. This knowledge will relieve a burden you never knew existed.

After you’re done putting the finishing touches on concrete plans for your future, it’s time to have fun. Start traveling to the places you’ve always wanted to see, and doing the things you’ve always want to do. Take some time off of work–but don’t quit until normal retirement age, because you’ll live longer. Spend some time with family. You know yourself, and you should do what’s best for you.