Delaware Car Insurance Laws – Good2Go Insurance #auto #parts #canada


#inexpensive auto insurance
#

Delaware Car Insurance

Good2Go Auto Insurance wants you to get the Delaware car insurance coverage you need to get on the road fast. But before you buy insurance from Good2Go, it’s important to know Delaware’s minimum coverage auto insurance laws so you can make sure you’re meeting the legal requirements for your state.

Delaware Car Insurance Laws

In the state of Delaware, it is required that all registered vehicles have minimum auto liability insurance, according to the Delaware Division of Motor Vehicles. All drivers must carry proof of insurance coverage at all times and maintain the following minimum levels of auto insurance coverage:

  • $15,000 for bodily injury or death to one person
  • $30,000 for bodily injury or death to more than one person
  • $10,000 for property damage per accident

Uninsured/Underinsured Motorist coverage helps protect you if you’re involved in an accident with a driver that doesn’t have any auto insurance or has too little. And while Uninsured/Underinsured Motorists Coverage is not required by law in the state of Delaware, insurance companies may offer you this type of coverage as additional protection.

Delaware Penalties for Driving without Car Insurance

In the state of Delaware, it is against the law to operate a motor vehicle without minimum liability auto insurance, including rental cars. The penalties for driving without car insurance in Delaware include:

  • Maximum fine of $1,500 for the first offense
  • Maximum fine of $3,000 for a second offense
  • Six month suspension of driving privileges

If your auto insurance is canceled or lapses for any reason, then the Delaware DMV will receive a notice from your insurance provider. License plates must be surrendered to the Division prior to canceling insurance for any reason on vehicles with active registrations. Tags will be returned at no charge if proper insurance is provided and the registration has not expired.

Delaware DUI/DWI Laws and Penalties

It is illegal to drive, operate or control a motor vehicle, off-highway vehicle or moped while under the influence of drugs or alcohol. The penalties for a DUI in the state of Delaware are severe and increase significantly based on your BAC (blood alcohol concentration). If you are caught behind the wheel with a BAC of 0.08% of higher, you may be arrested. The penalties for a BAC over 0.15% include:

  • License suspension for 2-3 years
  • Jail time for a minimum of 60 days

Delaware has a Zero Tolerance Law meaning it is illegal for someone under the age of 21 to drive or operate a motor vehicle or moped. Violators will have their driver’s license revoked for two months for a first offense and up to 12 months for any following offenses.

Delaware also has an “implied consent” law which means if you drive in Delaware and are suspected of DUI, you voluntarily agree to a chemical test to determine the degree of impairment. Failure to take the test carries a penalty of loss of license and/or driving privileges for one year for a first offense, 18 months for a 2nd offense and 24 months for the 3rd subsequent offense.

Delaware Cell Phone Driving Laws and Texting while Driving Laws

The state of Delaware has banned the use of hand held cell phones, pagers, PDAs, blackberrys, laptops, games or portable computers while driving. Drivers are also not permitted to read, write or send text messages, email or use the Internet while operating a motor vehicle. Drivers caught using a hand-held device to speak or text will be fined $106 ($50 base fine with fees) for their first offense, with subsequent penalties reaching up to $350 with fees.

Delaware FR-19 Insurance Documents

An FR-19 insurance document certifies that a vehicle has been continuously insured since the verification date and that coverage is currently active. This FR-19 is required by drivers that are convicted of a serious violation, involved in a serious accident without insurance coverage, or failed to satisfy a judgment resulting from an accident. Good2Go will help you file the FR-19 by notifying the state in the event that your policy was cancelled or non-renewed for any reason. The FR-19 is usually in effect for 3 years.

Luckily for you, Good2Go Auto Insurance can file the FR-19 insurance documents to get you driving on the road legally as quickly as possible.

Cheap Car Insurance in Delaware

If you’re looking for cheap car insurance in Delaware, Good2Go Insurance may be able to help. We offer low down payments and easy monthly payment options to get you on the road for less.

Get a free Delaware car insurance quote from Good2Go.com today and drive legal for less. You’ll be happy you did.


Window Tint Laws – The Basics #auto #share


#auto window tinting
#

Window Tint Laws – The Basics

Some people believe that vehicle window tinting keeps the temperature inside a car cooler, while others just think window tinting makes a car look cooler. And in some cases, drivers or passengers may have a legally recognizable medical need to have tinted vehicle windows, even when the tint level would otherwise violate their state’s vehicle code.

Whatever your reason for wanting tinted windows on your car, truck, or other passenger vehicle, you should get familiar with laws that regulate vehicle window tinting, as well as exemptions under those laws. Here you will find basic information on window tinting laws, “medical necessity” exemptions, and more. (also see: State-Specific Information on Vehicle Window Tint Laws )

Window Tinting Basics

What is “window tinting” when it comes to cars, trucks, SUVs, and other passenger vehicles? In practical terms, “window tinting” refers to methods that prevent certain levels of light from passing through the safety glass — meaning the windshield, side windows, and rear window of a vehicle.

The safety glass on most newer cars and passenger vehicles has been coated or treated so that some degree of window tinting is in place, to keep out harmful ultra-violet (UV) rays. This tinting is done during the manufacturing process, and is almost always in compliance with federal and state window tinting laws and regulations.

But window tinting can also be done after a vehicle has been manufactured and sold (or “after-market,” in the vernacular). And it is when these modifications are made — often by a private “customizing” company or by the vehicle’s owner him/herself — that window tint laws are most often violated.

Window Tint Laws

Vehicle window tinting is almost always regulated under state law, and the applicable statutes can usually be found in a state’s vehicle or traffic code. The applicable vehicle code section in your state may discuss vehicle window tinting as “Material Obstructing or Reducing Driver’s View” (in California), “Windshields and windows obscured by non-transparent materials” (in Massachusetts), or “Sun-shading or tinting films or applications” (in Virginia).

Your state’s vehicle code may consider “window tinting” to include:

  • Heat-shrinking a tinted sheet of film to a vehicle’s windshield or window, usually on the inside surface of the glass. This is usually done “after-market.”
  • “Shade bands,” usually meaning a thin, horizontal strip of tint at the top of a vehicle’s windshield, where it meets the vehicle roof.
  • Sunscreen devices that are temporarily affixed to the inside surface of a vehicle’s windshield, side windows, or rear window (i.e. a plastic shade device on a passenger side window, held in place with suction cups).

Most state laws on vehicle window tinting are concerned mainly with the levels of “light transmittance” or “luminous reflectance” that the vehicle’s safety glass allows — meaning how much light can get through and how much visibility the glass allows. So, if the windows on a vehicle are tinted to such a degree that the amount of light that can come through is below the amount identified under state law (i.e. 75% light transmittance), then the vehicle does not comply with the state’s vehicle code, and the vehicle’s owner will be issued a citation. Many state vehicle codes contain different light transmittance requirements for the vehicle’s front windshield, when compared with standards for the vehicle’s side and rear windows.

Finally, most state vehicle codes specify that no vehicle windshield or window may contain opaque or mirrored material, or “one-way” glass.

Does Your Vehicle’s Window Tinting Violate Your State’s Laws?

Measurements like “light transmittance” and “luminous reflectance” can be difficult to understand, let alone calculate with any level of confidence. So you may want to have your vehicle inspected to determine whether it is in compliance with your state’s window tint laws. A government inspector or a private licensed professional can inspect your vehicle — most likely using a light transmission-measuring device called a photometer — to determine if your vehicle’s safety glass meets the “light transmittance” or “luminous reflectance” standards of your state’s window tint laws.

To learn where you can have your vehicle’s window tinting inspected, start by contacting your state’s department of motor vehicles (DMV) office (Get state-specific DMV information here ). And remember, even if your vehicle’s safety glass is currently in compliance with your state’s window tint laws, that could change if you move to another state.

“Medical Necessity” Exemptions to Window Tint Laws

Many state vehicle window tinting laws contain exemptions for people (drivers or frequent passengers in a specific vehicle) with a valid medical or vision-related condition that requires the limitation of exposure to sunlight. Examples of medical conditions that may qualify under these exemptions are:

  • Lupus
  • Sunlight allergy
  • Photosensitivity
  • Melanoma

Typically, if a vehicle is stopped for a window tint-related traffic violation, in order to qualify for the medical exemption and avoid a citation, the affected driver or passenger must present the law enforcement officer with documentation that:

  1. Identifies the medical necessity (this can be a prescription or detailed letter from a medical professional);
  2. States the specific amount of sunlight exposure (i.e. minimum percentage of light transmittance reduction) that will satisfy the medical needs of the affected driver or passenger;
  3. Contains a prescription expiration date or permit duration;
  4. Identifies the specific vehicle(s) to which the “medical necessity” window tint exemption applies.

Following are some examples of state-specific applications for “medical necessity” window tint exemptions:

To find out whether such an exemption is available in your state, start by contacting your state’s department of motor vehicles (DMV) office (Get state-specific DMV information here ).


Personal Injury and Health Law #personal #injury #and #health #law, #personal #injury #law, #car #accident #law, #building #accident #law, #asbestos #law, #health #laws


#

Personal Injury and Health Law

Locate a Local Personal Injury Lawyer

What Is a Personal Injury?

Personal injury is a legal term for injuries to the body, mind, or emotions. The legal system permits an injured person to go to court to get a legal remedy for the losses stemming from the accident.

In the legal world, personal injury is defined as a tort claim. A tort claim has two basic issues liability and damages. Liability is a legal term that defines who is responsible for your injury. Damages are a sum of money claimed or awarded as compensation for your loss and/or injury.

Typical personal injury cases are injuries stemming from automobile accidents, injuries occurring while the injured person was on another s property, animal bites, defamation claims, construction accidents and injuries from defective products. Claimants that win a judgment in court are awarded pain and suffering damages .

What Is Required for a Personal Injury Claim?

In tort claims, there are typically three different basis for claims. These are negligence, intentional acts and strict liability.

  • Negligence. The most common basis for claims in personal injury, negligence establishes that the party at fault had a duty to you and breached that duty resulting in your injury. The duty is a duty owed to all reasonably foreseeable parties wherein reasonable care must be exercised.
  • Strict Liability. Strict liability is common in cases where injury results due to a defect in the design or manufacture of a product. To establish strict liability, it must be established that the product was designed or manufactured in a way that made it unreasonably dangerous when used as intended.
  • Intentional Acts. Extremely rare, intentional acts are found in situations where a person hits you and situations where you are wrongfully detained (false imprisonment).

What Are Damages in a Personal Injury Claim?

Damages are a sum of money claimed or awarded as compensation for your loss and/or injury. Typically damages are divided into two areas general and special damages.

  1. General Damages. These are damages which are deemed to flow naturally from the defendant s wrongful action. General damages can include physical pain and suffering, physical disfigurement, mental anguish, physical impairment, loss of consortium or companionship (paid to family members in wrongful death cases) and lowered quality of life. General damages are difficult to quantify as it is nearly impossible to put a monetary amount to one s pain and suffering. One factor that courts consider in determining a fair amount include the severity of the injury.
  2. Special Damages. Special damages are calculated to financially compensate the injured person for their losses. Special damages include out of pocket expenses stemming from the injured person s injuries. Special damages include repair and replacement of damages property, lost wages and loss of earning capacity and medical expenses. Unlike general damages, special damages are easy to calculate because a dollar amount is provided for the loss.

An injured person can claim both special and general damages.

How Should I Negotiate My Personal Injury Claim?

After you file your personal injury claim, an insurance company will typically come into play, especially if someone is at fault for your injury. In some circumstances, you may file a claim under your own insurance coverage or you might file a third party claim with the insurance company of the person who injured you.

Insurance companies prefer to reach a settlement instead of going to trial.

Seeking Legal Help

Insurance companies may offer a settlement that covers your losses. However, some people find difficulty in attempting to recover for claims when dealing with insurance companies and need legal assistance. This is especially true for complex cases, such as those involving medical malpractice claims. A personal injury attorney can help you negotiate a fair settlement that will compensate you for your injury and losses.

Link to this page


New Hampshire s DWI Guide #new #hampshire #dwi #laws, #nh #dui, #dws, #dwr, #dwi #dui, #2013 #2012oui, #lawyers, #dwi #attorneys, #penalties, #jail #time, #prison, #misdemeanor, #felony, #what #happens #after #a #dwi #in #new #hampshire


#

I just got arrested for a State of New Hampshire DWI charge. What happens next?

ISSUE ONE:The New Hampshire Implied Consent / Administrative License Suspension (ALS) Proceeding: Under New Hampshire law, any person who drives, operates, or attempts to operate a vehicle shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether such person is under the influence of intoxicating liquor or controlled drugs, and to a chemical test of the person’s blood, urine, or breath, for the purpose of determining the controlled drug content of such person s blood or alcohol concentration if arrested for a DWI. The test or tests shall be administered at the direction of a law enforcement officer, peace officer, or authorized agent having reasonable grounds to believe the person to have been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the age of 21, 0.02 or more. This law is referred to as implied consent.

Pursuant to NH implied consent law, your New Hampshire drivers license (or your right to drive in New Hampshire if you re not a New Hampshire licensed driver) was most likely suspended for anywhere from six months to two years for failing or refusing a chemical (breath / blood / urine) test. This suspension typically starts on the 30th day following your arrest. [If you had a valid New Hampshire license at the time of your arrest, you should have been given a temporary permit that allows you to drive for the 30 days following your DUI arrest.]

Read your paperwork carefully. If you act quickly, you can request an administrative hearing (or administrative review) to challenge your proposed suspension. After a timely request, an administrative hearing will be scheduled. This hearing is commonly referred to as an ALS Hearing

Speak to your New Hampshire DWI attorney for more information about contesting your implied consent / administrative license suspension.

ISSUE TWO:The New Hampshire DWI / DUI / OUI Criminal Case: Separate from the administrative license suspension proceeding is the criminal charge either for Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration (the standard charge) or for Aggravated DWI (the aggravated or enhanced charge).

Under New Hampshire s law, no person shall drive or attempt to drive a vehicle upon any way:

― While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive ; or

― While such person has an alcohol concentration (BAC) of 0.08 percent or more or in the case of a person under the age of 21, 0.02 percent or more. [Driving with excessive alcohol concentration is sometimes referred to as a per se DUI or per se DWI .]

A person commits the crime of aggravated driving while intoxicated if the person drives or attempts to drive a vehicle upon any way when any of the following apply:

― While under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug or drugs and, at the time alleged:

(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;

(b) Causes a motor vehicle collision resulting in serious bodily injury to the person or another;

(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning a vehicle while being pursued; or

(d) Carries as a passenger a person under the age of 16.

― While having an alcohol concentration of 0.08 or more or, in the case of a person under the age of 21 at the time of the offense, 0.02 or more and, at the time alleged:

(a) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;

(b) Causes a motor vehicle collision resulting in serious bodily injury to the person or another;

(c) Attempts to elude pursuit by a law enforcement officer by increasing speed, extinguishing headlamps while still in motion, or abandoning a vehicle while being pursued; or

(d) Carries as a passenger a person under the age of 16.

― While having an alcohol concentration of 0.16 percent or more.

Important: The implied consent / administrative license suspension proceeding and the criminal DUI / DWI / OUII / Aggravated DWI case are completely separate from one another.

Will my New Hampshire driver license be suspended or revoked?

RELATED TO ISSUE ONE ABOVE: Your New Hampshire driver license (or your right to drive in New Hampshire if you do not have a valid New Hampshire license) may be suspended in the administrative license suspension proceeding for failing or for refusing a breath, blood, or urine test for alcohol and / or drugs. For a first offense, the suspension is typically for six months; for a second offense ― two years. Again, you may challenge this proposed suspension in an administrative hearing this revocation if you make a timely hearing request.

RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI / DWI or Aggravated DWI charge. you will also lose your drivers license (or your right to drive in New Hampshire if you don t have a valid New Hampshire license) for from nine months to up to two years for a first offense (though part of the revocation time may be shortened by the court). This revocation is separate and distinct from the administrative license suspension. Talk to your New Hampshire DWI lawyer for possible suspension lengths for your situation.

Also keep in mind that your license can be revoked for a variety of reasons unrelated to a NH DWI arrest.

What happens if I get caught driving while my license is revoked?

Driving while your license is revoked should be avoided as it is a new misdemeanor offense. Penalties include a $1000 fine and at least seven days jail time. You will also lose your right to drive for an additional year. If you re on probation for a DUI / DWI conviction, driving on a suspended or revoked license will also violate your probation.

I really need to drive. Will I be able to get a restricted / limited / occupational / conditional / probationary permit?

Unlike some states, New Hampshire does not offer a restricted license when you re suspended or revoked following a DWI arrest / conviction. However, the court may suspend up to six months of the court ordered revocation provided that you enter into a impaired driver intervention program (I.D.I.P.) in a timely manner.

What is the difference between a DUI, DWI, OWI, OUI etc.

These terms are all acronyms that refer to the offense commonly known as drunk driving. Different states have different names for the crime. For example, in Iowa the acronym OWI (operating while impaired / intoxicated) is used; Oregon uses the term DUII (driving under the influence of an intoxicant). New Hampshire law uses the terms: Driving or Operating Under Influence of Drugs or Liquor and Driving or Operating With Excess Alcohol Concentration and Aggravated Driving While Intoxicated. The acronym DWI is most commonly used here. In this website, the terms DUI and DWI are used interchangeably.

Is a DWI offense in New Hampshire a misdemeanor or felony charge?

In New Hampshire, a DUI / Aggravated DWI is usually a misdemeanor crime. However, an Aggravated DWI involving a motor vehicle collision resulting in serious bodily injury is a felony charge. Also, your fourth or subsequent DUI or aggravated DWI conviction within 10 years is a felony offense.

The court may reduce a first DUI conviction to a violation (a non-criminal offense) upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court will generally consider the person s subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and other factors.

What type of penalties might I face if I am convicted of an New Hampshire DUI / Aggravated DWI charge?

Upon conviction of an New Hampshire drunk driving offense, a defendant can receive a variety of penalties including entering and completing an impaired driver intervention program (drug / alcohol treatment and counseling). A range of penalties is set forth below:


NEW HAMPSHIRE DWI PENALTY CHART


Standards solution #employment #laws, #working #conditions, #minimum #wages, #employment #rules, #work #rules, #work #laws, #federal #law #work, #contract #compliance, #office #labor #management #standards, #workers #compensation, #workers #compensation #programs, #workers #compensation #law, #fair #labor #standards #act, #fmla


#


Illustration of the FLSA Minimum Wage poster

Wage and Hour Division (WHD)

Fair Labor Standards Act (FLSA) Minimum Wage Poster

Every employer of employees subject to the Fair Labor Standards Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. An approved copy of the minimum wage poster is made available for informational purposes or for employers to use as posters.

This poster has been revised, and as of August 1, 2016, you must post this revised version. You may download a pdf of the revised poster from this page. Print copies will be available for order soon.

Minimum Wage Poster (PDF)

To use this file as a poster for your place of employment, please follow these instructions:

  1. The file is only available in PDF format. In order to view and/or print PDF documents you must have a PDF viewer (e.g. Adobe Acrobat Reader v5 or later ) available on your workstation.
  2. Click on the link for the minimum wage poster (large color. small color. large black and white. or small black and white ) and wait for it to load into the viewer.
  3. Please ensure that the Page Scaling box reads: Reduce to Printer Margins
  4. If you chose the large version, your printer must be capable of 11 x 17 prints or the two printed pages must be taped or pasted together to form an 11 x 17 inch poster. Otherwise the poster fits on a single 8 1/2 x 11 inch page.

U.S. Department of Labor | Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC 20210
www.dol.gov | Telephone: 1-866-4-USWAGE (1-866-487-9243) | TTY | Contact Us


California DUI Law Guide – California DUI Laws #california #dui #law,california #drunk #driving #laws,dwi,ca #dui #laws,dui #charges,license #suspension


#

California DUI Laws

  • 23152(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
  • 2315d(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle
  • 2315d(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
  • 23152(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the “felony DUI” provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of “vehicular manslaughter” where there is a death.

Procedurally, you should be aware of certain legal rights you have rights which are commonly ignored by the police:

  • There must be legally sufficient facts to constitute “probable cause” to stop, detain and arrest you.
  • You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
  • Once arrested, you must be advised of your constitutional rights the “Miranda” warning before any further questioning takes place.
  • You must be given a choice of breath or blood testing ; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
  • If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your DUI defense attorney .

For further information, visit the following sites:

Basic DUI Law
Verbatim presentation of the basic misdemeanor DUI law. California Vehicle Code section 23152.

DUI FAQs
Answers to the 20 questions most frequently asked by those arrested for DUI, from the attorney who wrote the legal textbook “Drunk Driving Defense. 5th edition”.

California Vehicle Code
Verbatim collection of sections of the Code which apply to drunk driving criminal and license suspension cases.

Top 10 U.S. Supreme Court DUI Cases
Collection of the most significant decisions from the Court which have effected drunk driving cases; the opinions are presented in their entirety.


Employment Rights of Nannies – International Nanny Association #nanny #tax #laws


#

Employment Rights of Nannies

Labor law, tax law, and the penal code, both at a Federal and state level, provide basic workplace protections and rights to all nannies and domestic workers. It does not matter if you are a US citizen, an alien with a work permit, or an alien who does not have the legal right to work in the United States these laws cover everyone. Nannies, housekeepers, and maids are typically the employee of the family retaining their services.

1. Pay for all hours worked.

The nanny or domestic is protected by the Federal Fair Labor Standards Act (FLSA). Nannies and domestics are to be paid on an hourly basis and must be paid for all hours worked.

2.Minimum Wage.

The Federal government establishes a national minimum wage ($7.25 per hour as of 7/24/2009). Many states have established minimum wages that exceed the Federal minimum. The nanny or other domestic is entitled to be paid no less than the greater of the state or Federal minimum, with some narrow exemptions for companionship services for the elderly.

3. Overtime Pay.

A nanny or domestic who does not live with the employer is entitled to be paid an overtime differential for hours worked in excess of 40 in a week. The overtime differential is calculated as 1.5 times the regular hourly rate. California, Hawaii, Maryland and New York extend the overtime differential to nannies and domestics who live with the employer.

4. Annual Wage and Tax Statements (Form W-2).

The nanny or domestic employer has obligations for wage and payroll tax reporting established by Federal Law. IRS Publication 926 details these requirements. A nanny is NOT an independent contractor, and is NOT to be provided a Form 1099 unless wages do not meet $1900 (2014) in the year.

5. Proper Payroll Deductions.

Your employer may make certain tax deductions from your regular pay check. You can (and should) ask them to provide you the tax deduction breakdown. If you are paid the same amount each week, they only need to give this too you once.

Proper Payroll Deductions

7.65% for Social Security Medicare

Income Tax (by agreement)

Employer State Authorized Miscellaneous Taxes (CA, NJ, NY, PA, RI)

Other deductions such as health insurance premiums or retirement contributions that both benefit you and that you agree to inwriting.

Improper Payroll Deductions

Employer may not deduct the Employer share of Social Security Medicare

Unemployment Insurance Tax

Deductions for Breakage or Damages to Household Items

Travel Expenses for Work Related Travel

6. Regular Payroll Payments.

State law determines the maximum number of days between payroll dates and the maximum delay an employer may place on your periodic payroll. A best practice is to agree to a payroll frequency (weekly, bi-weekly typically) and a pay date in writing. Employers may not place additional delays (lag periods) on your payroll due to employer s business travel, vacation, etc.

The employer is responsible to maintain accurate and contemporaneous payroll records that include the dates and hours you worked for a period of 3 years. It is advised that the nanny or domestic also maintain similar work records that are kept in a safe place.

7. Payment of medical bills and lost wages due to a work related injury.

This is known as Workers Compensation, and the rules surrounding who must have a policy of insurance and the covered items is established by individual state insurance commissions. In most cases, you must file a claim with your state s Workers Compensation Board to qualify for payments for medical expenses and compensation for lost wages. If you are injured at work, and your employer (or the employer s insurance company) will not pay these expenses, you should seek legal advice.

8. A Workplace Free From Physical and/or Sexual Abuse.

It is illegal for an employer to physically abuse (slapping, beating, etc) a worker. It is illegal for the employer to demand physical contact or demand sex from the nanny or domestic worker. There are both Federal and state laws that protect workers from this type of abuse. TIP! Consult a lawyer or legal aid society if you have been physically orsexually abused by your employer .

9. Document Retention.

Your employer may not keep identity documents such as your passport, Social Security Card, Driver s License, or Work Permit from you. You have a right to a copy of any work agreement or contract that you sign with your employer. The employer is responsible to maintain accurate and contemporaneous payroll records that include the dates and hours you worked for a period of 3 years. It is advised that the nanny or domestic also maintain similar work records and keep these records and your signed work agreement in a safe place.

10. Non-retaliation.

Your employer may not turn you in for immigration violation as retaliation for a workplace grievance such as a formal claim for unpaid wages, a complaint of criminal misconduct such as physical abuse, or a claim for workers compensation benefits. The Department of Homeland Security s Immigration Customs Enforcement Agency (ICE) has written rules that prohibit their interference in these matters. See ICE s Policy for Labor Disputes courtesy of the National Employment Law Project (NELP) publication Rights Begin At Home .”

Taking the time at the beginning of the employment relationship to define all aspects of the employment relationship in a written work agreement benefits both the employer and employee, and serves as a blue print that helps document the employer s specific requirements and expectations as well as the financial agreements made with the nanny or domestic. Additionally, by addressing all issues up front, the employer avoids misunderstandings, assumptions, disappointment and conflict in the future. Experts agree a good nanny/family work agreement is an important foundation for the good relationship you hope to have with this person.

Nannies


Ohio DUI – DWI Laws – Enforcement #ohio #dui, #ohio #dwi, #ohio #dui #laws, #ohio #dwi #laws, #driving #while #intoxicated, #driving #under #the #influence


#

DUI DWI in Ohio

Introduction

It’s true―people process alcohol differently. What causes one person to feel tipsy may have little effect on someone else. What causes one person to register a higher-than-allowed blood alcohol content (BAC) may leave another within the legal limit.

In general, men can drink more than women without being legally drunk. In general, heavier people can drink more than those who are lighter.

But, what most people don’t realize is that by the time you actually feel drunk, you are likely way beyond the legal BAC limit. And what most people don’t realize is that your driving skills begin to be impaired after your first drink.

In Ohio, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are grouped under the umbrella heading of Operating a Vehicle under the Influence (OVI).

Ohio OVI and OVAUC Defined

Whether you are charged with an OVI or a OVAUC is dependent upon on your age. If you are under 18 years old and found driving with a BAC above the legal limit you will be charged with Operating a Vehicle After Underage Consumption (OVAUC). Those over the legal drinking age of 21 years old, and CDL drivers, who drive with a BAC over the legal limit are charged with Operating the Vehicle Impaired (OVI).

You can be charged with an OVI or OVAUC if your minimum BAC is:

  • 21 years old or older – 0.08%.
  • Driving a commercial motor vehicle – 0.04%.
  • Younger than 18 years old – 0.02%.

Chemical Testing

Unlike many other states Ohio has additional rules for chemical testing. This not only covers blood and urine testing but also portable breath testing devices known as PBTs. In Ohio you can legally refuse a chemical test and/or opt to pay for one of your own. There are also some circumstances in which you cannot refuse a chemical test.

In order to understand the different laws we encourage you to read the Ohio Department of Public Safety OVI Interdiction Handbook.

OVI and OVAUC Penalties

Penalties for OVI or OVAUC are steep. Not only will you have to face criminal charges but you will also have to deal with penalties given by the Bureau of Motor Vehicles (BMV). These penalties are known as Administrative License Suspensions or ALS. These penalties are separate from any charges.

Administrative Penalties

Under ALS laws your license can be suspended by law enforcement on behalf of the BMV if you fail or refuse a chemical test. The suspension periods are different depending on whether you refused a test or failed a test and were charged with a OVI or OVAUC:

OVI
In addition to the suspension you will have a minimum of 6 points applied to your license.

  • 1st offense driver’s license suspension: 90 days.
  • 2nd offense (within 6 years) driver’s license suspension: 1 year.
  • 3rd offense (within 6 years) driver’s license suspension: 2 years.
  • 4th offense (within 6 years) driver’s license suspension: 3 years.

OVAC
In addition to the suspension you will have a minimum of 4 points applied to your license.

  • 1st offense driver’s license suspension: mandatory minimum 90 days up to 5 years.

Refuse Test
In addition to the suspension you will have a minimum of 6 points applied to your license.

  • 1st offense driver’s license suspension: 1 year.
  • 2nd offense (within 6 years) driver’s license suspension: 2 years.
  • 3rd offense (within 6 years) driver’s license suspension: 3 years.
  • 4th offense (within 6 years) driver’s license suspension: 5 years.

Number of offenses for refusal can have any previous charges within 6 years be for either previous refusals, OVI charges or a combination of both.

If you choose, you can appeal your ALS suspension. You must do so at your first appearance in court or within 30 days of your first appearance. If you appeal the prosecuting attorney in this jurisdiction will act on behalf of the BMV. You’ll have to prove at least one of the following:

  • The officer did not have reasonable grounds of suspecting OVI.
  • The officer did not request that you take the blood alcohol test.
  • The officer did not tell you the consequences of refusing or failing the test.
  • You did not refuse or fail the test.

Keep in mind that even if you prove any of these, the court may still suspend your license if it is deemed that you are a threat to public safety.

Criminal Penalties

If you are found guilty of an OVI offense you can face jail time, heavy fines, court ordered substance assessment and extended license suspension. For each OVI offense within a period of 6 years the penalties increase dramatically.

1st Offense with aBAC between 0.08% and 0.17%:

  • Mandatory imprisonment: 72 hours OR court ordered driver intervention program.
  • Fine: $375 to $1,075.
  • License suspension: 6 months to 3 years (Possibility of restricted driving privileges).

2nd offense within 6 years with a BAC between 0.08% and 0.17%:

  • Imprisonment: Mandatory minimum 10 days to maximum of under 6 months or combination house arrest with alcohol monitoring and imprisonment.
  • Fine: $500 to $1,625.
  • License suspension: 1 to 5 years.
  • Vehicle impounded: 90 days.
  • Court ordered Drug/alcohol assessment.

3rd offense within 6 years with a BAC between 0.08% and 0.17%:

  • Imprisonment: Mandatory minimum 30 days to maximum of under 1 year or combination house arrest with alcohol monitoring and imprisonment.
  • Fine: $850 to $2,750.
  • License suspension: 2 to 10 years.
  • Required Drug/alcohol treatment.

Any charge with a BAC over 0.17% will carry longer imprisonment and possible additional charges. If you have more than 3 offenses in a period of 6 years you are looking at a felony charge of OVI. Not only does the imprisonment time increase but the fines can reach upwards of $10,500 and you can be hit with additional charges based on your number of past offenses.

Also, if you are caught driving while under any sort of suspension, you will face additional penalties.

Even if you have never been convicted of an OVI offense, do not let anyone who you know is under suspension use your vehicle. If you do, you could face suspension as well. For more information on OVI criminal penalties check out the Swift Sure Ohio’s OVI Laws brochure by the Department of Public Safety.

Habitual Offender Registry

As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you’ll be listed on the Habitual OVI Registry. At least 1 conviction must be after the law went into effect on September 30th 2008.

Being on this list allows the public to see your name, date of birth, home address, and your OVI convictions. Your information remains on this list until you no longer have 5 convictions for OVI within the past 20 years.

Reinstating Your License

It will be up to the court whether you will be allowed to have restricted driving privileges at any time during your suspension. This applies to both ALS or court driver’s license suspensions.

After your suspension period is over you will be required to fulfill all of your penalties both from the courts and any from the BMV.

You will have to pay a license reinstatement fee. This fee is based on your date of conviction and the number of convictions you’ve incurred. The reinstatement fee has a range of $100 to $600 with extra fees for everything from not surrendering your license in a certain period of time to Random Selection fees.

Related Content

Provide Feedback


PA Special Education Lawyers #pennsylvania #special #needs #education #lawyers, #pa #special #education #attorneys, #new #jersey #children’s #rights #law, #dave #frankel, #josh #kershenbaum, #maria #vetter, #montgomery #county, #bullying #laws, #school #discipline #law, #student #rights, #child #injury #lawyer


#

The law firm of Frankel & Kershenbaum is dedicated to serving the legal needs of children and families in Pennsylvania and New Jersey. Based in Delaware County, PA. Frankel & Kershenbaum is the law firm of choice for:

Frankel & Kershenbaum provides legal counseling and representation in special needs education law and other matters to families and children throughout Pennsylvania and New Jersey. The firm was founded by Emmy Award-winning former weatherman, news anchor and investigative reporter Dave Frankel and former elementary school teacher Josh Kershenbaum. These outstanding attorneys began their legal careers with a large Philadelphia law firm before joining forces as determined advocates for children, including children with special needs. They bring a singular combination of passion, intellect and experience to their comprehensive education and child-focused practice.

Attorneys Michael D. Raffaele and Jason Fortenberry are each of counsel to the firm. Our attorneys work closely with the firm’s Education Consultant/Advocate Maria Vetter. as well as the firm’s Certified School Psychologist Amber Killeen. the Business Manager/Paralegal Joan Scannella and our office administrators Denise Braud and Josie Karasavas. The Frankel & Kershenbaum team provides full-service counseling and representation to secure special education services for their clients, including federal and state litigation, due process hearings, administrative appeals, IEP meetings and development, settlement negotiations, discipline matters and bullying and harassment. Michael. who was formerly an attorney with the Federal Defender’s Office in Philadelphia, and John also focus their practice on Juvenile Justice, Criminal Defense and School Discipline .

To learn more about your child’s rights or for assistance with a legal matter of another nature, contact Frankel & Kershenbaum today.

News and Events

Good Law, Bad Law
Check out the latest episode of the podcast, Good Law Bad Law, featuring, Josh Kershenbaum of Frankel and Kershenbaum.

GOOD NEWS FOR DISABLED STUDENTS
The Chief Justice summed up: “When all is said and done, a student offered an educational program providing ‘merely more than de minimis’ [bare minimum] progress from year to year can hardly be said to have been offered an education at all. For children with disabilities receiving instruction that aims so low would be tantamount to sitting idly awaiting the time when they were old enough to drop out.”

Chased By A Lion
Anxiety in children is so much more than just being anxious.

Demand for newly approved autism therapy may exceed certified Pa. providers
Josh Kershenbaum was interviewed for this compelling article addressing the challenges of securing ABA (Applied Behavioral Analysis) Therapy for kids. Newly covered under Medicaid in Pennsylvania, the demand will outweigh the availability of qualified professionals.

BORDERLINE PERSONALITY DISORDER
If you or someone you love might be suffering from Borderline Personality Disorder (BPD) we urge you to watch this extraordinary documentary. There is hope!

School Vouchers and Students with Disabilities: Examining Impact in the Name of Choice
Frankel & Kershenbaum is proud to belong to COPAA, The Council of Parent Attorneys and Advocates, “Protecting the Legal and Civil Rights of Students with Disabilities and their Families.”

HAPPY ANNIVERSARY F KERSHENBAUM. lawyers for kids and families, is proud to be celebrating its Firmiversary!

LEGO GROUP in DOYLESTOWN
Attention: Lego -based Social Skills Group starting June 2016 in Doylestown, PA

Office for Civil Rights Annual Report
The U.S. Department of Education’s Office for Civil Rights released its fiscal year 2015 annual report highlighting efforts during the last year to protect students civil rights and increase educational equity nationwide

JOSH KERSHENBAUM At Villanova Law School Event Friday, January 29, 2016
EVENT ANNOUNCEMENT Sports, Violence and Equality: Current Issues in Title IX Compliance, Featuring Big East Commissioner Val Ackerman

COPAA Testifying January 11, 2016
FRANKEL KERSHENBAUM, Lawyers for Kids and Families, are proud members of COPAA, the Council of Parent Attorneys and Advocates.

UNIVERSAL PRE-K MEETING IN PHILLY
LEARN ABOUT UNIVERSAL PRE-KINDERGARTEN IN PHILADELPHIA
TUESDAY, DECEMBER 8TH, 5:30-7PM

JOSH KERSHENBAUM quoted in the press
The Legal Intelligencer quoted Josh in today’s article on Special Education Law Practices.

Kristy Asral joins firm
Frankel Kershenbaum welcomes new Advocate, Special Education Consultant, Behavior Consultant

As schools and classrooms have become more inclusive, some schools are using the co teaching model in their classrooms. Many do not know what a co taught class looks like or the benefits it provides to the students. This interesting article takes a look at the co teaching model. A must read!

SUPER LAWYERS RISING STARS ARE HERE!
Dave Frankel Josh Kershenbaum named SUPER LAWYERS RISING STARS 2015!

One Day More!
With this amazing kick-off to the new school year, we salute teachers everywhere!

“Straight Talk” Radio Interview
Radio interview with Dave, Josh and Maria answers so many questions about the rights of special needs children and how to help them reach their fullest potential.

Disturbing Video Shows Kentucky Officer Handcuff Crying Third-Grader At School
WASHINGTON — A school resource officer in Kentucky handcuffed a crying third-grader with disabilities last year, according to a new video released by the American Civil Liberties Union.

Divorce in a Special Needs Family
The stakes are high. Understand a complicated process to make sure you truly act in your child s best interest.

Michael D. Raffaele of Frankel Kershenbaum and David Finger of Finger Slanina are representing Ms. Mendieta to vindicate her First Amendment rights.

Support Michael Ross – Semi Colon Shirt
In support of our good friend, Michael Ross, who was diagnosed with an aggressive form of stage 4 colon cancer in September of 2014. Over the past few months, he has had part of his colon removed and undergone intensive chemotherapy. Michael continues to work as a physician, and to work out as an athlete regularly. While the cancer has given him pause, it has not stopped him.

PILCOP Special Education Seminar includes our very own Michael D. Raffaele
Our very own Michael D. Raffaele will be presenting at an upcoming special education and discipline seminar for PILCOP on Saturday, December 13th

One Test Fits All?!
JOSH KERSHENBAUM Testifies before Philadelphia City Council re Standardized Testing

This Kid Was Bullied A LOT. He Could Have Told His Teacher Or His Principal But He Had Bigger Plans.
11-year-old Caine Smith was choked, beaten, harassed, and was called a long list of names simply because he had two moms and long hair. Instead of staying locked away and hiding, he stood up and did something about it.

IEP vs. 504: What’s the Difference?
Check out Jennifer Nestle and Josh Kershenbaum’s new article in Metrokids Magazine and learn about the important differences between 504 Plans and IEPs.

Practice Areas


Wyoming – s DUI Guide #wyoming #dui, #wyoming #dwi #laws, #2012 #wy #dui, #drunk #driving #information


#

I just got arrested for a State of Wyoming DWUI / DUI charge. What happens next?

ISSUE ONE:The Wyoming Implied Consent / Administrative Per Se / Refusal Suspension Proceeding: Under Wyoming law, any person who drives or is in actual physical control of a motor vehicle upon a public street or highway in the State of Wyoming is deemed to have given consent to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcohol concentration or controlled substance content of his blood. This is known as Wyoming s implied consent law.

Pursuant to Wyoming s implied consent law, your Wyoming drivers license (or your right to drive in Wyoming if you re not a Wyoming licensed driver) was most likely revoked for anywhere from 90 days to 18 months for failing or refusing a chemical (breath / blood / urine) test. This typically starts on the 30th day following your arrest.

Read your paperwork carefully. If you act within 20 days, you can request a hearing from the Wyoming DOT to challenge the proposed suspension. Speak to your Wyoming DUI attorney for more information about contesting your administrative (implied consent) license suspension.

ISSUE TWO:The Wyoming DWUI / DUI Criminal Case: Separate from the administrative license proceeding is the criminal charge either for driving while under the influence. Under Wyoming law, you commit the crime of DWUI if you drive or have actual physical control of any vehicle within Wyoming and you:

have a breath / blood alcohol concentration (BAC) of 0.08 percent or more; or

you are under the influence of alcohol to a degree which renders you incapable of safely driving; or

under the influence of a controlled substance to a degree which renders you incapable of safely driving; or

under the influence of a combination of alcohol and a controlled substance to a degree which renders him incapable of safely driving.

Note: A person younger than 21 years of age shall not operate or be in actual physical control of a vehicle in the State of Wyoming with an alcohol concentration of 0.02 percent or more. This misdemeanor offense is known as unlawful operation of vehicle by youthful driver with detectable alcohol concentration.

I mportant: The implied consent / administrative license revocation proceeding and the criminal DWUI / DUI case are completely separate from one another.

Will my Wyoming driver license be suspended or revoked?

RELATED TO ISSUE ONE ABOVE: Your Wyoming driver license (or your right to drive in Wyoming if you do not have a valid Wyoming license) may be suspended in the implied consent proceeding for failing or refusing a chemical test for alcohol and / or drugs. The revocation periods are outlined in the table below:

IMPLIED CONSENT / ADMINISTRATIVE LICENSE SUSPENSION PERIOD
(FOR PERSONS 21 AND OVER)

Implied Consent Action

Again, you may challenge this proposed suspension if you make a timely hearing request.

RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your Wyoming license (or your right to drive in Wyoming if you don t have a valid license) for between 90 days and one year depending on your DUI / DWUI history.

What happens if I get caught driving while my license is suspended?

Under Wyoming law, you may not drive a motor vehicle on any public highway in the State of Wyoming at a time when your driver s license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended or revoked. Therefore, if you drive while your license is under suspension for failing or refusing a breath test or following a DWUI conviction, you commit a misdemeanor crime. Penalties include possible jail time and a fine. A second conviction for driving under suspension can result in a minimum seven day jail sentence.

I really need to drive. Will I be able to get a restricted license / hardship permit / occupational / conditional / probationary license?

You may be eligible for a probationary license. However, a probationary license can only be issued for the first DWUI. If it is your second or subsequent DWUI, within the past five years, you cannot get a probationary driver s license.

If you refused a chemical test or are suspended for a DWUI conviction, you may eligible for an ignition interlock restricted license after serving at least 45 days of your suspension. Speak to your Wyoming lawyer for more information on the IID restricted license.

What is the difference between a DUI, DWUI, DWI, OWI, OVI etc.

These terms are all acronyms that refer to the crime commonly known as drunk driving. Different states have different names for the crime based on how their statutes are phrased. For example, in Colorado . the terms DUI (driving under the influence) and DWAI (driving while ability impaired) are used. In Michigan . OWI (operating while intoxicated) is commonly used. The State of Missouri uses DWI (driving while intoxicated).

Wyoming s statute refers to, d riving or having control of vehicle w hile u nder i nfluence of intoxicating liquor or controlled substances so the terms DWUI as well as DUI are most commonly used here.

Is a DWUI offense in Wyoming a misdemeanor or felony charge?

In Wyoming, a first or second or third DUI / DWUI conviction is a misdemeanor crime. A fourth or greater offense within the past five years is a felony charge.

What type of penalties might I face if I am convicted of an Wyoming DUI charge?

Upon conviction of an Wyoming drunk driving charge, a defendant can receive a variety of penalties including a substance abuse assessment and treatment. A range of penalties is set forth below:


WYOMING DWUI / DUI PENALTY CHART