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DUI

Lowndes

Florida Appeals Court Reinforces Employer Liability Under Dangerous Instrumentality Doctrine Despite Use Restrictions

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A recent decision from Florida’s Fourth District Court of Appeal clarifies the scope of Florida’s “dangerous instrumentality” doctrine, reminding employers that having company vehicle policies alone may not be enough to avoid...more

JUSTICENTER

What Is the Alcohol Limit in California?

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Statistics show that in 2023, someone was killed in an alcohol-impaired car accident every 39 minutes. This equates to more than 15,000 fatalities across the nation. While thousands are arrested for DUI each year, many more...more

Maison Law

California Teen Driver Laws: What Parents Need to Know

Maison Law on

California’s teen driving laws encompass requirements and restrictions as they pertain to minors obtaining a driver’s license, and this includes the graduated driver’s license (GDL) program. It is important for parents of...more

Searcy Denney Scarola Barnhart & Shipley

Not Just a Joyride: How Florida Law Treats Golf Carts Like Motor Vehicles

Golf carts in Florida serve multiple purposes beyond the traditional golf course as they navigate between gated communities and sunny landscapes. These vehicles serve as the primary transportation option throughout numerous...more

Morris James LLP

Understanding Legal Options After the Deadly I-495 DUI Crash

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Tragedy struck on I-495 when a wrong-way driver, allegedly under the influence, caused a fatal accident. (Delaware Online) This incident raises critical legal questions about civil liability in DUI-related fatalities. In...more

Holland & Hart - Health Law Blog

Police-Ordered Blood Draws In Idaho

Law enforcement officers often request or demand that Idaho hospitals draw blood or conduct other tests on patients for law enforcement purposes; nevertheless, the general rule remains that patients (including persons in...more

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Mandelbaum Barrett PC

Navigating the Complexities of Cannabis and Road Safety

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As the legalization of recreational cannabis continues to gain momentum across the United States, the need to address its impact on road safety has become increasingly urgent. Colorado, a pioneer in cannabis legalization, has...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Rumberger | Kirk

Sixth District Court of Appeal Limits Officers’ Authority to Investigate DUI Offenses

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On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

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On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more

Goldberg Segalla

How Much Is Too Much? Drinking, Drugs, and Trucking

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“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or...more

Searcy Denney Scarola Barnhart & Shipley

Florida’s Boating Accident Laws: What You Need to Know to Stay Safe on the Water

Boating is a popular pastime in Florida. While being on the water can lead to a great deal of enjoyment, it can also lead to injuries. Understanding our state’s boating laws can help you to ensure that you stay safe. It can...more

Carlton Fields

High Crimes and Misdemeanors: The FAA and Pilot DUIs

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Know before you blow! In this episode, we explore the consequences and repercussions of DUIs for pilots. As professionals who hold a high level of responsibility and trust, pilots are held to strict regulations when it comes...more

Jackson Lewis P.C.

New York Legalizes Recreational Marijuana

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New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin...more

White and Williams LLP

The Pennsylvania Superior Court Suggests a New Limitation to the Fair Share Act, Albeit in Dicta

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On March 18, 2021, the Pennsylvania Superior Court decided Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021) in which the court suggested in dicta that the Fair Share Act is only implicated when the...more

The Rodman Law Group, LLC

Canadian Study Assesses THC Residual Effects on Driving

Reporting no evidence of residual effects on drivers, last fall’s findings contribute to the growing discussion of cannabis’s effects on consumers. Over the autumn of 2019, a group of researchers out of Toronto announced...more

Mintz - Immigration Viewpoints

New Policy Guidance on Good Moral Character Determinations

A U.S. immigrant may feel that receiving a green card (permanent residence) is the end goal of their immigration journey. However, if a permanent resident plans to become a U.S. citizen, he or she should be aware that certain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New USCIS Policy Guidance Alters Criminal Sentence Evaluation, Clarifies Definition of “Good Moral Character”

U.S. Citizenship and Immigration Services (USCIS) recently adopted new policy guidance altering the way immigration officers evaluate criminal sentences and make good moral character determinations. These changes may impact a...more

Patrick Malone & Associates P.C. | DC Injury...

New doubts cast on a key safety tool: police roadside alcohol-testing devices

Although drunk drivers inflict terrible carnage on others traveling on the nation’s streets and highways, law enforcement agencies and skeevy device makers may be unwinding the trust in what has become a cornerstone of the...more

Tucker Arensberg, P.C.

Immorality Illustrated: Court Affirms Principal’s Termination After Second DUI Arrest

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Moffitt v. Tunkhannock Area School District, 192 A.3d 1214 (Pa. Commw. Ct. Aug. 18, 2018). The Pennsylvania Commonwealth Court affirmed an elementary school principal’s termination, because sufficient evidence supported...more

Rumberger | Kirk

Florida Court Extends Privacy Rights to Vehicle Black Box

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In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Parker Poe Adams & Bernstein LLP

Third Circuit Upholds Termination of Employee Based on DUI During FMLA Leave

Employers sometimes receive information about employees on medical leave that makes them question the legitimacy of the leave request. For example, an employee who is approved for Family and Medical Leave to care for a sick...more

Snell & Wilmer

Recent Arizona appellate decisions of note to providers

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With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

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