An Introduction to BUI Charges

Posted by on Jul 4, 2019 in Boating Crime | 0 comments

Everyone has heard of a DUI — Driving Under the Influence — but have you heard of a BUI — Boating Under the Influence? Those who enjoy taking their boat out on the water should keep reading to not only learn how to avoid a BUI, but what to do if you find yourself charged with one.

What is a BUI?

“BUI” stands for Boating Under the Influence. Many of the same laws apply to BUIs as they do DUIs. One can be charged with a BUI if they’re found to be driving a boat with a Blood Alcohol Content (BAC) higher than or equal to 0.008 percent. If those on the boat and the driver of the boat are clearly intoxicated, the boat may be stopped. You have the right to refuse a blood alcohol content test, but doing so may result in penalties such as fines.

Of course, it is important to note that like DUI laws, BUI laws differ from state to state. Make sure to check the provisions in your state before taking your boat out on the water.

Avoiding A BUI

There are many tips and tricks you can use to avoid being charged with a BUI.

  • Select a Designated Driver

If you get too intoxicated to steer the boat, make sure you have someone sober on the boat with a boating license than can take over in your place. It is best to have this conversation before you head out on the water.

  • Wait to Drink After the Ride

You can drastically cut down on your chances of being arrested for a BUI if you don’t take any alcoholic beverages with you on your boat. The alcohol can wait — and it is certainly worth enjoying possible jail time and the legal fees associated with a BUI charge.

  • Limit your Alcohol Intake

If you or your party insist on bringing alcohol onto the boat, try limiting your alcohol intake so your blood alcohol content doesn’t go over the legal limit. Ask someone else to watch your drinking habits to ensure that you stay out of trouble’s way.

What to Do if Arrested for a BUI

If you are arrested for boating under the influence, there are some steps you can take to ensure the best possible outcome in your case.

  • Contact a Criminal Defense Attorney.

With the rising popularity of boating, many criminal defense firms, like Truslow & Truslow, have adapted their practice to include BUI charges. Don’t try to represent yourself — contact someone with experience and the expertise to handle your case.

  • Refuse the Breath Test.

You have the right to refuse a breathalyzer test, and many legal experts recommend you do so. You will likely lose your license for a period of time, but many say this is the best course of action to secure a good outcome for your case.

Next time you and your family go out in your boat, keep the above tips in mind to avoid a BUI and help yourself if you do find yourself arrested.

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Why I Do Not Garden

Posted by on May 15, 2019 in Cancer | 0 comments

There are many steps to maintaining a garden. One particular step is eradicating invasive species of plants. Invasive plants infest a garden and hoard nutrients meant for the other plants. Not only this, they are notoriously hard to get rid of. Simply pulling up weeds is inefficient; at this point, many species will have already spread their seeds around for the next season, turning gardening into a Sisyphean battle!

If the rhizomes are not properly dealt with, the time spent pulling up weeds was all in vain. Aside from pulling out weeds, some people rely on domesticated grazing animals to control the growth. Cows and goats can be beneficial for controlling invasive species — they eat weeds as a source of nutrition. Of course, once the land is clear, the rhizomes must still be cut. Grazing animals just help to clear the land more efficiently than one person doing it all on their own. However, the average person does not have enough space or money to purchase an animal whose sole purpose is weed eradication. Additionally, major companies cannot justify additional costs that come along with purchasing an animal. Veterinary expenses, in addition to the costs of housing the animals, make this a poor choice for many people.

This is why a lot of people like to turn to chemical warfare to eradicate pest species. A herbicide, a relatively new creation in terms of agriculture, can be engineered to kill off weeds and other invasive species while keeping the intended crops healthy. Roundup is one example of a herbicide created for this purpose and is now the most widely used herbicide in the United States.

However, herbicides do not come without their flaws. In recent years, many herbicides have come under fire for their effects on the human population. Roundup contains glyphosate, a chemical that was recently classified as a 2a carcinogen. This means that repeated and prolonged exposure to Roundup can lead to a lot of nasty side effects. Since Roundup’s invention in 1974, it has been adopted in over 150 countries. These means that a huge number of people have been exposed to glyphosate and its effects. One of the most serious side effects of prolonged exposure to glyphosate is cancer. Non-Hodgkin lymphoma, leukemia, and B-cell lymphoma have all been linked to glyphosate in Roundup. As a result, there are many Roundup cancer lawsuit attorneys whose main goals are to seek justice on behalf of victims.

If someone has had repeated exposure to Roundup and ended up with cancer, there is a strong likelihood that the two events are related to each other. Many lawsuits have already been filed against Monsanto for lying about the dangers associated with the most common herbicide in the United States. A lot of these have been combined into a Multi-District Litigation, although some choose to be treated on an individual basis.

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Is there a candy that fights cavities?

Posted by on Nov 26, 2018 in Dentist in Patchogue | 0 comments

What causes us to end up with cavities? Some people think it’s because our teeth are too soft, but the real cause is the environment we create inside our mouth. When we have an overabundance of acid, refined foods, germs and not enough saliva, cavities can begin to form. This is because the ecosystem within us is not in a healthy balance. While doing some research on this topic, I stumbled across the website of a Patchogue Dentist that provided lots of helpful information.

So how can we straighten things up in there? If you’ve been to the doctor at least once, you already know the basics. We can brush and floss more consistently, drink water and eat healthier. Sometimes this isn’t enough though. What can we do between brushing? One thing you can do is change what is able to grow inside of your mouth.

Licorice actually helps to do this.

We mean the boring, sugarless black licorice. Red vines will only add to the sugar in your mouth.

Licorice roots have been used by humans ever since the first men discovered that they were slightly sweet and a thirst quencher. Perhaps they noticed that their teeth wouldn’t hurt after they chewed on them as well. Licorice roots have a compound within them known as glycyrrhizin. Glycyrrhizin is proven to reduce tooth decay in humans. They’re natural, cheap, and you can buy them online. However, we do have one word of caution. Licorice roots are considered a natural herb by the FDA, so they are unable to regulate a proper dose. Glycyrrhizin can cause unwanted side effects in large doses such as increased blood pressure, reduced potassium levels, and heart arrhythmias. So be sure to chew on the licorice roots a little bit at a time and only once every few days.

If you’re a parent looking to help prevent cavities in children, they’re probably going to be averse to chewing on licorice roots. When all is said and done, they taste a lot more like sticks than licorice.

Fortunately, there are some lollipops on the market that contain pure licorice extract and stevia to give them a sweet flavor. These lollipops can be purchased on Amazon and do serve as a great alternative if you live in an area without fluoride. Cavity-fighting lollipops are a great, easy to eat treat for adults and kids alike. Most formulas on the market today suggest having them twice a day for ten days. I kept mine in my car because the kids and I are always together in the car twice a day. I would give the kids  a lollipop in the morning on the way to school and again when I picked them up after school.

How Does This Work?

Glycyrrhizin actively works to disrupt the production of cavity-causing germs in your mouth. Some cavity-causing germs take hold in our mouths when we aren’t drinking enough water, or when we eat unhealthy foods. Glycyrrhizin creates an environment that fends off these germs and doesn’t allow them to multiply in our mouths.


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A Few Rules to Abide by When Traveling

Posted by on Feb 5, 2018 in Prescription Drug Laws | 0 comments

In my opinion, there is nothing better than going for a drive and listening to music with the windows down. The fresh air and open road combine perfectly to create a stimulating experience. Music adds that extra bit of enjoyment, and it’s one of the reasons I always volunteer to drive my friends around. The rule amongst my group of friends is always whoever is driving gets to pick the music. With unlimited data plans and streaming services on cell phones, it’s never been easier to find the perfect song.

The only problem I have with online streaming is when I get on a plane. There’s no cell service up there, so I have to organize my playlists before I leave. It wouldn’t be so bad, but I’m already a procrastinator. I wait until the last minute to start packing, and then I always end up bringing too much stuff in my suitcase. I guess I’d rather have too much than not enough. I’m limited to the amount of storage on my phone though, so I can’t overpack my songs. It never fails, I always end up wishing I had put one more album on my playlist once I’m in the air.

I don’t get nervous about flying, but I’m always afraid I’m going to get sick from traveling. There are so many strangers, and we are all in an airtight cabin. Therefore, I try to boost my immune system before I fly. I take anything that even remotely protects against germs, and it’s become part of my traveling ritual. Modern medicine is a marvel. When I was a child, I always took medicine for granted. If I were sick, my mom would give me something, and I would go back into my little world, no problem. As an adult, I have a much greater appreciation for the research and chemistry that goes into developing a pill with medicinal value. My only complaint is that we don’t have a capsule that will satisfy nutrition and hunger needs. I would love to be able to meet all of my food needs through a convenient, healthy pill.

I also bring an assortment of medicines with me in an Advil bottle, like ibuprofen, cold relief, sinus relief, and allergy medicine. You’ll have to be careful that you don’t end up packing anything extra in an unmarked bottle though. If the TSA catches you with prescription medications, you can be in a lot of trouble. Even though a doctor prescribed them, it’s essential to travel with prescription medicine with the right labels. If you don’t have the original bottle with your name on it, you can be charged with a crime. It seems silly, but the law is very clear about its demands. As bad as it might be to end up at your destination with a cold, it would be far worse to miss your flight because a federal agent is questioning you about undocumented prescription medication. That’s why I always play it safe by packing my assortment of medicine and leave my prescriptions in the proper bottle with a label.

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Houston’s slow moving insurance crisis

Posted by on Oct 19, 2017 in Insurance | 0 comments

After Hurricane Harvey, the Texas insurance industry will really be put to the test. While the government has pledged a great deal of money to rebuild infrastructure, many homeowners will rely on their insurance to rebuild their homes. With extreme flooding damaging homes up and down the coast and especially around Houston, that is sure to put a strain on insurance company resources.

This issue will further be complicated by an unexpected factor: the lack of construction workers to do the rebuilding. According to Vox, much of the major rebuilding that took place in New Orleans after Katrina was done by undocumented workers. With recent crackdowns on that workforce, and with a very low unemployment rate, construction companies are struggling nationwide to find enough workers.

What workers they can find will cost more than most companies are used to paying as well, since undocumented workers were obviously cheaper to hire.

All that means that the situation in Houston will be, as Vox put it, “ripe for exploitation.”

That exploitation may take different forms. It may mean, as in New Orleans, paying people (even legal American workers) to do dangerous work for little pay (that is if they can find them). It may also include, and this is at least as likely, a conscious effort to appraise property at its actual value. Appraisers on the ground in Texas will have a heavy burden reappraising for clients after the initial valuation placed by the insurance companies. The importance of this job cannot be overstated for the coming years. Should insurance companies fail to meet the true value of a victim’s home, they may never receive enough compensation to rebuild their homes at all.

It seems highly likely, unfortunately, that just like in the case of Katrina, the federal government is woefully behind on what is required for the situation. Just as the Katrina response was famously slow, so Congress has been slow now to approve the necessary funds to get a strong start on the recovery. Having approved only $8 billion in aid (when an estimated $180 billion will be needed), the government looks as likely to cut corners as the insurance companies, leaving Houston in a very tough position indeed.

With aid needed elsewhere as well (specifically, in southern Florida and Puerto Rico), Houston, despite being the fourth biggest city in the country, may find itself a lower priority in the near future. Should another major storm hit either this year or next, it is hard to say how much more aid can be counted on at that point.

Which leaves Houston with a major crisis, one far slower in coming than Harvey. It may be years yet before Houston is aware that the insurance companies and the government have failed to meet obligations, and that the former is near bankrupt, and the latter is too busy to help.

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Will Pot Be Legalized in the Northeast?

Posted by on Oct 6, 2017 in Criminal defense | 0 comments

For many people in New England (and, let’s face it, across the country), the question of legalizing marijuana has been raised repeatedly over time, but now the chorus is getting louder. After seeing the success of states like Colorado who have legalized marijuana and have seen tax revenues and industry explode as a result, lawmakers in Rhode Island have actually taken another step toward legalization by creating a commission to explore the possibility of legalizing pot in the state.

According to a news report in the Providence Journal, nineteen panelists were selected by the General Assembly to explore the possibility and feasibility of legalizing marijuana in the state. The resolution was drafted in June and the panelists are supposed to deliver their recommendations to the assembly by March 1st. The committee begins meeting this month, in October. According to the new

According to the Journal’s story, commission members include state and local lawmakers on both sides of the aisle, members of substance abuse counsels and organizations, chamber of commerce officials, a medical marijuana patient, a criminal defense lawyer, and a therapist, among others. It is clear that the panel was designed to represent individuals across a broad spectrum of disciplines and social approaches to provide balance and thought to the discussion of legalization.

While citizens wait for the panel’s final decision, individuals who are arrested for possession of marijuana still may face criminal prosecution as a result. Depending on the situation, the individual’s criminal history, and the amount of marijuana in their possession, individuals may face heavy fines and even jail time if they are apprehended by law enforcement with pot on them.

If marijuana were to be legalized in Rhode Island, Cape Cod, or anywhere in New England, these issues would clearly become obsolete for many people, especially those who are charged with minor infractions, like possessing a small amount of weed. Personally, I feel that our jail system and the huge issue of overcrowding would be helped tremendously if people were not jailed for minor offenses. By legalizing marijuana especially (which I personally think is harmless, but that is a debate I’ll save for another blog post) it is hard to argue that we can alleviate some of the stress and strain on our already overwhelmed legal system.

Attorneys in the Northeast tend to agree, like this criminal defense attorney that I found through a Google search for defense attorneys in the Northeast, James Powderly. His firm represents individuals in Massachusetts who were charged with crimes ranging from serious offenses like assault, burglary, and murder, to non-violent offenses like possession of marijuana. Criminal defense attorneys routinely represent clients who are facing criminal charges for offenses that in other states in the U.S., (we’re looking at you, Colorado and Washington) are completely legal activities, and are relatively harmless.

In Rhode Island, lawmakers are at least making progress by discussing the possibility of legalizing marijuana so that people will not have to suffer the consequences of possessing the drug for personal, recreational use, an activity that I have made plainly clear on this blog many times, is something that I personally do not have an issue with at all. Maybe other states in the area, like Massachusetts and New York will follow suit if Rhode Island legalizes marijuana?

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Personal Injury and the Statute of Limitations

Posted by on Aug 10, 2017 in Personal Injury | 0 comments

Personal injury cases are perhaps the broadest category of legal cases and encompass many instances of unjust harm related to everything from asbestos to explosions to vaccinations to pharmacy errors. One of the most crucial elements of any personal injury case is its timeliness. How long after the injury is the plaintiff seeking reparations for any harm done? If you plan to sue for damages, you are generally allowed the right to do so until a certain amount of time has passed. This restriction on the allowable recency of a legal claim is known as a “statute of limitations.” In this article, we will explore many aspects of the statute of limitations and what that means for your personal injury case.

The statute of limitations generally begins as soon as a personal injury happens or is discovered to have happened. The length of a statute of limitations depends on state law and certain other factors like if the case is civil or criminal. In Wisconsin, for example, the statute of limitations for Civil Injury to Person is three years. This means that you are granted legal opportunity to sue for up to three years following the injury or discovery of said injury. After that three years, it becomes much harder to take legal recourse against the crime, if it’s even allowed at all. The purpose of a statute of limitations is to prevent legal issues from causing unnecessary strife in someone’s life. It seems like it would be unfair to force people to live their entire lives under a constant threat of a potential lawsuit.

If your personal injury case is within the statute of limitations and you wish to sue, here’s what you should know: Many cases don’t actually go to court and are settled by lawyers outside of the courthouse. This is the ideal scenario because it is a lot less trouble for everyone if all involved parties are able to reach a reasonable agreement. These informal agreements are referred to as “settlements” and usually include financial compensation for whatever harm was done to the individual suing. If, however, a settlement is not reached, the next step would be to file a formal lawsuit. Personal injury cases are typically filed as civil lawsuits, as they are between two parties separate from the government. Criminal lawsuits, conversely, are enacted by the government against an individual or group like a corporation. When a formal lawsuit is filed, your lawyer will handle most of the important things like representing you in a court of law and communicating with the defendant. A verdict will eventually be reached and any reparations will be determined by the court.

If you believe that you have suffered an injury due to someone else’s negligence and wish to seek compensation for your damages, you should perform your own research to determine if your claim is within its respective statute of limitations and contact a lawyer with any questions to see if you are eligible for legal representation.

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Litigation Requires a Steady Guiding Hand in order to be Conducted Successfully

Posted by on Jun 19, 2017 in Commercial Litigation | 0 comments

Wrongful termination, discharge or dismissal is one situation wherein termination of an employee from work violates not only the provisions of the employment law, but also the terms stipulated in an employment contract. All employees in the U.S. are protected by the Employee Rights against wrongful termination. These rights are based on:

  • Statutory Rights: these are mandated by the state or federal government and require an advance notice of the closure of or a facility or sizeable lay-offs (due to retrenchment), provision of unemployment insurance and protection through anti-retaliation and anti-discrimination laws;
  • Company Policy: states the provision of severance payment in case of company lay-offs; and,
  • Contract Rights: an employee’s individual contract with his/her employers which may be sheltered by a union/collective bargaining agreement.

If an employee sees foul play in losing his/her work, then the Wrongful Termination Law can be used to determine whether the termination was legal. The Wrongful Termination Law also provides possible remedies in cases of wrongful removal from work.

The usual reported causes of wrongful termination include discrimination, retaliation, refusal of employee to perform an illegal act (at the command of the employer), failure of employer to abide by the company’s policies on termination procedures and whistle blowing or complaining.

Besides wrongful termination, employers use two other means to terminate an employee or to make an employee resign voluntarily (to hide intent of illegal termination):

  • Constructive dismissal – a voluntary decision (by the employee) to quit from work arrived at due to the unbearable working conditions at the doings of the employer. These conditions may take the form of unconstructive changes in work and/or pay, harassment and/or discrimination. This voluntary resignation may be legally compared to wrongful discharge; the employee only needs to prove that he/she has quit work due to a breach of contract by the employer. The Employment Rights Act of 1996 states that any employee, who ends his/her employment contract due to the employer’s conduct, may be considered as illegally dismissed.
  • The “Employment at Will” Doctrine – simply means that any employee may be dismissed (even without notice) or can resign from work any time even without valid reason/s. There are circumstances, though, which will render this doctrine not applicable, such as if the employee is covered by a contract of employment, a company policy that provides termination procedure or a collective bargaining agreement.

According to Tucson commercial law attorneys of Russo, Russo & Slania, P.C., “The modern world of business can often be extraordinarily fast-paced, and success is frequently determined by who can respond quickest to changes in market conditions. Unfortunately, when a business or company becomes involved in litigation, it can quickly absorb the focus needed for business operations. Resolving these types of issues quickly and effectively is, therefore, of paramount importance.

Litigation requires a steady guiding hand in order to be conducted successfully, and the assistance of qualified legal counsel in these matters is essential. If you are involved in any form of litigation know that business or commercial litigation attorneys know how much the outcome matters to you and your business, thus, they will work tirelessly to achieve the results you deserve.

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What Constitutes a Viable Slip and Fall Case

Posted by on Jun 18, 2017 in Premises Liability | 0 comments

A slip and fall accident happens when a person slips and injuries himself. The owner of the property where the accident has occurred may be held accountable for the damages, such as for the victim’s medical expenses, lost wages for losing time at work, and other financial burdens.

This is because of a legal concept called premises liability, wherein property owners are required to make their premises safe. Any act of negligence that has resulted into an accident can turn into a lawsuit. But what makes a slip and fall case viable?

Property owner has caused the slip and fall hazard

For a slip and fall case to be legitimate and winnable, an important factor to have is that the property owner has directly caused the slip and fall hazard. These hazards can take on many forms, such as defective escalators and elevators, slippery materials applied or left on the floor, tripping dangers like extension cords, and even trash and debris.

These hazards can occur because of many reasons, such as those mentioned in the website of Hach & Rose: the failure to adhere to safety regulations and failure to remove or warn of materials or debris on walkways.

A reasonable time has elapsed for the hazard to be seen and fixed

Negligence on the side of the property owner is the most important aspect of a slip and fall case. This negligence mostly manifests in two ways. First is the creation of the slip and fall hazard, as said earlier. Second is the failure to see or the lack of initiative to fix the hazard.

This second manifestation can happen on many instances, like when the property owner has failed to maintain its facilities, resulting into defects, or has failed to see problems just because of the lack of supervision.

A person has been hurt because of the unseen or unfixed hazard

For a slip and fall case to be truly viable, someone has to be hurt, resulting into various damages that could have been prevented if the property owner has not caused a slip and fall hazard and has failed to see or fix the hazard.

The website of the Sampson Law Firm has expanded on these possible damages:

  • Medical and rehabilitative care to recover
  • Unearned income during recovery
  • Long-term diminishment in quality of life
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Most Common Forms of Employment Discrimination

Posted by on Mar 9, 2017 in Employee Discrimination | 0 comments

Employment discrimination occurs if a person has experienced unwarranted disadvantages because of his or her personal features, such as gender and race. Discrimination occurs both in the hiring process and in the work environment. The hiring process may be compromised because of discrimination, such as not wanting to hire an applicant because of personal features. The work environment can be compromised in the aspect of promotions, mistreatments, and terminations.

According to the website of Cary Kane, LLP, it is illegal for employers to engage in employment discrimination because of an employee’s race, color, gender, national origin, ethnic identity, and religion. This just proves that the law knows the negative effects of discrimination in society.

This is one of the most common forms of discrimination. This manifests itself as fear of getting fired, demoted, or receiving any kind of negative consequence for complaining against an employer. Employees have rights to complain, especially if they have ethical or moral concerns about the employers. In these cases, threats such as termination are therefore discriminatory.

This kind of discrimination occurs if an employer treats an employee differently just because of the employee’s sex and gender preference. This can also manifest in the hiring process, where employers may have the tendency to prefer one gender over the other. Issues concerning sexual harassment and pregnancy can also count as sex discrimination.

Race and Color
Employers should not consider race, color, national origin, ethnic identity, and other similar aspects of a person when it comes to hiring processes, compensation offers, scheduling of shifts, assigning of tasks, and other important factors in the work environment. Harassment that is focused on such aspects are also considered discriminatory.

Employees must have equal benefits, despite their disparities in terms of age. In the hiring process, age preferences, age brackets for internships, and other age-related methods are also considered discriminatory. Age discrimination is not exclusive for the young, as even the old can face age discrimination, like when they are not hired because they may be too old even though they are fully qualified for the job.

Other Forms of Discrimination
Above are just some of the most common forms of discrimination in the workplace, but there are subtler forms, such as those that involve unequal pay despite equal efforts and accomplishments, preference toward more physically-abled employees, and bias against those who have disabilities or limitations.

In a moral perspective, employment should be based on qualification alone, and not on personal features, especially features that employees have no control over, like gender, race, and age.

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