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Updates News & Information About Driving Laws

5 Ways a DUI Could Affect Your Life

May 20th, 2013 by tvblog
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5 Ways a DUI Could Affect Your Life (and We’re Not Just Talking about Fines) 

 

The initial damage from a drunk driving arrest might be fines and legal fees, but a DUI can impact your life in many more ways as well. This article will examine five ways a DUI could affect your life, in particular negatively impacting your online reputation.

 

  1. 1.    Negative online reputation

Information in the public domain like arrest records are readily available to anyone with a computer, and with social media sites and blogs unregulated by control mechanisms, anyone can post almost anything about anyone else. Acquaintances may unwittingly wish you well on your court date on Facebook, not realizing who else is seeing the information.

 

A poor online reputation has serious consequences in our society. Which leads to the second impact on your life:

 

  1. 2.    Potentially being kept from desirable jobs
    While companies are not allowed to take discriminatory information such as race, sex, or religion into account in the hiring process, they are allowed to do background checks. Arrests are serious deterrents to hiring candidates who might otherwise be qualified for the position. But most businesses are not willing to take a chance, especially if the position is one of trust and responsibility. Your ability for higher-level, better-paying jobs may be compromised.

 

  1. 3.    Travel impact
    Countries such as Canada will place restrictions on someone who has been convicted of a DUI, especially at the felony level. Other countries will not issue visas to anyone with a DUI conviction, limiting your ability to travel for business or pleasure.

  2. 4.    Insurance rates
    Of course it goes without saying that your car insurance rates will skyrocket. The risk associated with DUI is more than most carriers are willing to bear.

  3. 5.    Being socially ostracized

Of course society does not look kindly on getting caught when drinking and driving. While the actual practice is more common than we’d like, those who get caught do have the associated social stigma, and those looking for any excuse to be negative now have the ammunition they seek.

 

Yes, fines and legal fees in a DUI case can be financially draining, but the implications are actually even more far-reaching. A DUI could affect your life in many more ways that can impact your ability to work, go to school, travel, and live a “normal” life!

 

Also if you have received a moving violation and need a orlando traffic ticket lawyer or a chicago speeding ticket attorney please use the ticketvoid.com service to locate your lawyer.
Sarah Boisvert is an author working in business and technology. She covers marketing, sales, finance, social media, and mobile platforms. She also has expertise in manufacturing including 3D printing.

 

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EEOC Practices

May 10th, 2013 by tvblog
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In a previous article we discussed the use of disparate practices by employers.  These are practices that the EEOC has deemed illegal, even when unintentionally used.  Their recently published guidance set for a recommendation of an individual assessment to make sure these disparate practices weren’t being used, unintentionally or otherwise.

So what is an individual assessment?  Basically it’s exactly what it sounds like.  It entails evaluating each prospective applicant who has a criminal record on a case by case basis.  This is a much better alternative than often used “blanket” policies like “no one with a felony will be hired”.  An individual assessment takes into account a number of factors.

  • What kind of offense was committed?  How many times was it committed?  Was it a felony or a misdemeanor?  Was it intentional or accidental? Was it a violent or sex offense?
  • How long ago did the crime occur and where?  Since the offense has the prospective employee been working and had no issue with similar offenses or behavior?
  • How does the offense relate to the job in question?  Does it even relate to job in question?

 

Often times the seriousness of the offense as deemed by the courts doesn’t translate over to your particular field.  A felony charge for theft might not have an impact on an over the road trucking job, but one or two misdemeanor DUI’s could be a deal breaker.  Another big factor to take into consideration is intent.  Sometimes people are in the wrong place at the wrong time, with the wrong people or the crime can even be accidental.

Other considerations for employers are how willing the prospective employee is in cooperating with the individual assessment.  If they refuse requests for information or to answer questions than an employment decision can be made without an individual assessment.  An employer also cannot make a decision based solely on the fact that an individual has been arrested.  They must inquire about the facts and circumstances surrounding the arrest before making a determination.

For professional drivers this means that the presence of a criminal record isn’t necessarily a deal breaker in employment.  Thousands of good productive people have made mistakes and ended up with criminal records as a result, this doesn’t mean they won’t make good employees.  An individual assessment gives drivers in that position a chance to show potential employers that the past is the past and they’ll be an asset to the company.  It is however important to know what is on your record and what employers will find.  This also gives you the opportunity correct any errors on your record before they cause issue with potential employers.

Whether you received an Orlando traffic ticket, a Houston traffic ticket, or a Jacksonville traffic ticket, you can find a traffic ticket attorney who can help!

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Criminal Records and EEOC Regulations

May 10th, 2013 by tvblog
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In theory EEOC regulations prohibit employers from using criminal records to discriminate against and applicant based on religion, sex, race, color or national origin.  That’s a fairly black and white definition, not a whole lot of room for gray area.  When checking records an employer doesn’t say “I want all the criminal records for people of X race but not on people of Y race”.  In other words no “disparate practices” are allowed.

Not only does the EEOC prohibit blatant disparate practices but it also prohibits practices that could have a disparate impact even if they were supposed to be neutral.  An employer could receive job applications with all references to names, sex, color, race, origin or any other identifying factors removed and still run afoul of the EEOC.  Let’s say the employer orders criminal background checks on all the prospective employees and automatically disqualify those with a certain level of severity on their record.  There could still be a case made that they are using disparate practices.  Individuals of a certain races have a disproportionately high rate of criminal convictions.  If they can’t find legitimate employment, they have no other choice but to continue a criminal lifestyle to make ends meet.

On April 25th the EOCC published a new guidance to help employers avoid these sort of pitfalls.  It’s by no means legal advice or required, but it’s a sound policy to adopt.  If you as an employer currently use a “blanket” or one size fits all policy regarding criminal records than this guidance could be extremely helpful.

The recommendation is for employers to do an “individual assessment” on applicants with a criminal background.  Basically it should take into the account the severity of the crime, intent, time elapsed since the conviction and how or if it would relate to the job.

As a driver, having a criminal record could potentially keep you from getting a job, but it shouldn’t be enough to automatically disqualify you.  You should however look into your own background and know what potential employers are finding.  If there’s anyone on there that shouldn’t be you should make sure to look into it and correct it before it does any damage.

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Protecting Yourself

May 10th, 2013 by tvblog
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If attacked in your own home, you would respond accordingly and defend yourself.  You would assess each threat and decide the best way to deal with them.  The same idea should hold true for your driving career as well.  For a professional driver there are several “threats” that can potentially pose a serious danger to your career.  Just like defending your home and family, you have to defend your career; assess each threat and deal with it accordingly.

So what sort of potential hidden dangers can be lurking around a driver’s career?

  • Tickets.

It should go without saying do your best to avoid getting pulled over, but it happens.  If you do get a ticket do your absolute best to get keep it off your record.  Simply paying the fine and hoping it will go away is only a wish, tickets can cause problems for years.  Start fighting a ticket from the day you get it by hiring an experience traffic ticket attorney.

  • DAC Report.

This is something every driver should check periodically.  Even if you’ve never in your career had an issue with an employer, it’s important to know what’s on it.  Discrepancies between what you put on an application and what the potential employer will find can cause issues.  You’re completely within your rights to contest anything on your DAC report.

  • Past employer references.

Even if a past employer isn’t on your DAC, your new potential employer is almost surely going to contact them.  You have a right to know what they say about you, and a right to contest it.  Even if your DAC is spotless, things past employers say about you can be a deal killer.

  • CSA Info and PSP Reports.

The reports often factor largely into hiring decisions.   What the employer will see is 5 years of crash data and 3 years of inspection data.  Anything discrepancies in those should be addressed as soon as possible.  DOT JobHistory actually now has a function for member-drivers to receive and store a report that gives the driver a CSA “score”, this would be a good thing to keep on file.

  • Criminal Record.

Almost all companies that employ CDL drivers these days are going to run a criminal background check on their prospective applicants.  It’s not uncommon for information to be on your record that shouldn’t be there or belongs to someone else entirely.  Getting those things cleared up and off your record can make a big difference when it comes to applying for new jobs.

By no means should a driver have to be running around their entire career and putting out fires. It is however a good idea to take care of all these things at once every so often.  Periodically drivers should pull all the information on themselves to make sure that everything a potential employer would find is accurate and doesn’t reflect poorly on the driver.

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Testing of Commercial Motor Vehicle Operators

May 10th, 2013 by tvblog
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DOT drug and alcohol tests can have a drastic and lasting impact on CDL drivers.  If professional driving is your life, results from these tests can derail and end your career.  A new law currently making its way through Congress would create a national database of these results that would be accessible to all employers.

This law would create a National Clearinghouse for Records Related to Alcohol and Controlled Substance Testing of Commercial Motor Vehicle Operators.  It essentially requires CDL employers to search this nationwide database before making a final hiring decision on a potential driver. The law also gives more defined instructions and situations in which a driver can’t be hired.

This national database will be accessible by pretty much anyone, including employer, individuals and State agencies among others.   There’s currently significant amount of attention being paid to the privacy requirements that will be enacted.   In theory the Secretary of Transportation will have to set up a process to make information available in a way consistent with federal information and privacy laws.  How this will all pan out is yet to be determined.

So what does this mean to professional drivers?

It means that your history of any DOT alcohol or drug tests, or refusal to take them will more likely follow you throughout your career now.  This however opens whole new list of questions for drivers.

Can an employer find if and when past tests were administered, refused or came up positive during the application process for a previous employer?

The short answer is yes, they can.  It is not however absolutely assured that they will.  To obtain results the company would have to make an inquiry to an agency that stores CDL driver employment information.  The company who administered the test would have to belong to HireRight and repot all testing results, which is not always the case.  Assuming the company who administered the test does belong to HireRight and does indeed report all results, the new company still can’t get the results, they’ll only know that a test was given.

So if the new company finds out that there was a test given, and you as an applicant refuse to give authorization for them to get the results, can they deny you employment because of it?

Again, the simple answer is yes, they can.  They however cannot say their “hands are tied” and they’re required to turn you away per DOT rules.  DOT regulations state that employers are only required to investigate if a prospective employee violated DOT alcohol and controlled substance standards from all previous employers who actually employed the driver.  This means if you didn’t actually work for the company and the application process stopped with the testing, a new company is under no obligation to get that information.  If they want to track down that information, it is entirely their own decision.

Can the employer who gave the test legally release the results if they didn’t even employ the driver?

Yes, they can, but only under a certain set of circumstances.  They need written release from the driver to release the information to a specific third party.

In short, a new employer can find out about past tests and refusals, even if you were never hired by the administering company.  If they so choose they can even make your employment conditional on releasing all results of that type.  While currently all these results are kept by a private company to which not everyone reports, the future is uncertain.  A creation of a national public database will make it extremely difficult to hide any positive tests or refusals.

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Tickets and Commercial Vehicles

May 9th, 2013 by tvblog
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If you make your living driving a commercial vehicle getting a ticket of any sort can be headache of epic proportions.   A moving violation can significantly impact your career and income; it can even cost you your job.  If you do unfortunately happen to get a ticket it leaves you with two options; suck it up and take it or fight it.

Assuming you receive a ticket and you earned it.  There’s no ambiguity involved, no officer guess work, no malfunction equipment.  You knew not to do what you did, people saw you do it and the office had absolutely every right to give you a ticket.  Do you begrudgingly accept your fate and let the cards fall where they may?

The correct answer is absolutely not.  When it comes to a traffic ticket don’t ever accept defeat.  It will likely be a hassle and potentially costly, but it’s worth it.  The financial repercussions of a ticket can far exceed the cost of a traffic ticket lawyer farther down the line.  Many drivers don’t realize that fighting a traffic ticket isn’t as inconvenient as they think.  A driver doesn’t actually have to be present to fight a ticket; instead they can hire a traffic ticket attorney to take the case for them, which can significantly improve ticket outcomes.  So if you get a ticket in Charleston, North Carolina and you’re based out of Denver, Colorado you’re not going to have to travel back across the country to fight the ticket.  You can simply hire a Charleston traffic ticket lawyer.

The other important factor many don’t realize is that they need to get started right away.  Waiting awhile to start fighting a ticket makes it exponentially harder.  The longer it sits the harder it is to deal with.  The number one excuse for not starting to fight right away is lack of money.  There’s only one piece of advice for this, find the money.  The cost to deal with it later down the road will be far more expensive than right off the bat.

If you do get a ticket, even if you deserved it, don’t just eat it.  Start fighting right away.  Find a traffic attorney you can afford and get to work as soon as possible.  The repercussions of not fighting a ticket can far outweigh any cost incurred in fighting them, and an uncontested ticket can affect your career for years to come.

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Technology and traffic tickets

April 15th, 2013 by tvblog
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Police Using Technology and Speeding Cameras Across America to Ticket Drivers

If you check your mailbox you often expect to see your usual junk mail, the circulars, advertisements, magazines and unwanted bills.  However if you don’t keep an eye out for it you might pass over a traffic citation in the mail that was automatically issued by a traffic camera.  As time goes on technology and the law are continuing to work together to help make the jobs of law enforcement officials easier and more efficient.

All across America, police officers are better equipped and are excited to use newer technology in ticketing drivers that break the law.  Not only is technology making their job easier by more accurately detecting traffic violations, it also helps drastically reduce the time it takes for a police officer to effectuate a stop and write up a traffic summons.  The use of technology is helping to generate millions of dollars in added revenue for states and cities that are making use of it.

Police cars are now equipped with laptops that can not only pull up all the necessary information on a driver that is pulled over, but automatically fill out a traffic ticket, print it and file the ticket with the local court.  All of this can happen in a matter of minutes and be made a part of a driver’s record if the person pleads guilty or is convicted.

How Does Camera Technology Help Fight Traffic Violations?

Traffic enforcement cameras are able to capture many different types of traffic violations including speeding, running red lights, improper use of a bus lane or high-occupancy vehicle lanes, toll violations or for obstruction of traffic violations.  Speed limit enforcement cameras can now automatically recognize a license plate, detect a car’s speed with the use of Doppler or LIDAR and send tickets in the mail.

According to a recent study by the New York City Department of Transportation, there were 274 traffic-related deaths in New York City in 2012.  The majority of the victims included passengers in other vehicles, pedestrians and the remainder being made up of cyclists and motorcyclists.  Advocates for increased use of traffic cameras point to these statistics to deter people from violating the law, especially in busy cities.  The New York Department of Transportation would like for New York to start installing speed cameras near city schools so that drivers are on notice that they will get caught breaking the law every time in those areas.

Each state has different laws with respect to traffic violations and each violation can impact your driving privileges and negatively affect your insurance rates.  Many states have reciprocal agreements to communicate traffic violations with one another so that an out of state violation can follow you back to your home state.  If you are being charged with a traffic violation that has been issued by way of traffic camera or some other technology contact an experienced traffic ticket attorney to fight your ticket.

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