Recent Blog Posts

Date Rape: Alcohol and the Ability to Consent

 Posted on November 05, 2014 in Criminal Law

Connecticut date rape charges, Hartford criminal defense lawyerMost people are familiar with the concept of date rape or acquaintance rape. This is a rape that usually occurs between dating couples. The relationship does not have to be long-term for the term to apply. There is often little confusion when a person initiating sexual contact hears a “no” from the other person to whom the contact is directed. When alcohol is involved, however, and both parties are drunk, consent may be more difficult to decipher; this is why a rape that occurs under these circumstances is sometimes known as “grey rape.” What happens when only one person is drunk, though, and this person later reports a rape against a date who was sober or less intoxicated?

Sexual Contact When Intoxicated

If a person is drunk to the point of unconsciousness or to the point where he or she cannot physically or verbally refuse sexual contact, then anyone initiating sexual contact with this person may be prosecuted for sexual assault. The only question remains asks whether or not the alleged victim of the sexual assault was given alcohol without his or her consent, or if he or she consumed it willingly. Depending on the answer to this question, the accused can face either first or second degree sexual assault charges.

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Amusement Park Accidents and Litigation

 Posted on October 30, 2014 in Personal Injury

amusement park accidents, Connecticut premises liability attorneyOver this past summer, two major amusement park accidents made national headlines. In early June, four individuals were injured when a roller coaster at Six Flags Magic Mountain in California hit a tree and partially derailed. Almost a month later, a cable on a swing ride snapped at Cedar Point amusement park in Ohio. This incident resulted in two injuries. These two accidents caused both amusement park patrons and safety experts to question the safety of America’s amusement parks and analyze what must be done to reduce the number of amusement park accidents.

When amusement park attractions malfunction, serious, catastrophic injuries can result. For instance, when an attraction at Six Flags Kentucky Kingdom malfunctioned and cables used to support the ride came loose, a young girl’s feet were severed. Other injuries can include broken bones, strains and sprains, neck and back injuries, and (in extreme cases) loss of limbs. It is important for amusement park patrons to know that amusement parks can be held responsible for patrons’ injuries.

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Receiving Fair Compensation After a Connecticut Truck Accident

 Posted on October 23, 2014 in Motor Vehicle Accidents

Hartford truck crash lawyerRecently, the Courant reported that the family of a Department of Transportation worker killed in a truck accident was awarded $7.29 million in damages following a trial in Hartford. The DOT employee was working on Route 8 in Waterbury when he was struck and killed by a tractor-trailer. At the time of the collision, the worker was observed wearing personal protective equipment and following OSHA safety guidelines. The driver’s truck was seen veering off of the pavement and onto the shoulder at the time the worker was hit. A jury deliberated for less than an hour before finding both the truck driver and employer negligent and thus responsible for the losses of the worker and his family.

Compensating a Family for a Deceased Love One

Many victims of truck collisions, unfortunately, suffer a similar fate. The sheer size and weight of trucks, semis, and tractor-trailers make it highly likely that any collision with another car will result in catastrophic injuries to the driver and passengers of the car. A collision with a pedestrian, motorcyclist, or bicyclist will almost certainly be fatal.

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Happens If You Get a DUI in Connecticut?

 Posted on October 16, 2014 in DUI

DUI field sobriety test, Connecticut criminal law lawyerDriving under the influence (DUI) is illegal throughout the United States. Due to the potential consequences of drunk driving, DUI penalties generally tend to be serious, even for first time offenders. DUI arrests and convictions also tend to be very expensive in an effort to deter drivers from driving drunk or buzzed. Penalties for DUI often include high fines, and if the driver loses his or her license, it may affect employment opportunities or interfere with existing work responsibilities. A DUI conviction could also lead to higher insurance premiums.

Connecticut Law on Drunk Driving

The Connecticut law on drunk driving prohibits drivers from driving after drinking beyond a certain level, taking drugs, or after having used a combination of both drugs and alcohol. In addition, a person can be arrested for DUI if his or her blood alcohol content (BAC) is 0.08 or 0.04 for commercial drivers. Police officers use chemical and standard field sobriety tests to confirm the presence of drugs or alcohol, and to determine a driver’s level of intoxication.

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Illegal Prescription Drug Use in Connecticut

 Posted on October 01, 2014 in Criminal Law

Connecticut prescription drug charges, Hartford criminal defense lawyerWhen some people think about drug addicts, they often think of heroin or cocaine addicts. However, prescription drugs are responsible for a large number of overdoses, and have contributed to drug overdoses becoming one of the leading causes of death in the U.S. To help deal with the problem, federal law has been proposed to help monitor the issuance and filling of painkiller drugs that are likely to be abused. This law would also increase availability of potentially life saving drugs used by police officers and other first responders to reverse drug overdoses.

Connecticut Drug Laws

As with most other states, the sale or possession of prescription drugs without a prescription, and obtaining prescription drugs by fraud are both illegal acts in Connecticut. It is, of course, a defense to the possession charges if you have a valid prescription for the type and amount of prescription drugs in your possession. A prescription is defined as a written, oral or electronic order for any controlled substance from a licensed practitioner for a patient, to be presented to a pharmacist.

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Connecticut Kicks Off “U Drive. U Text. U Pay” Campaign

 Posted on September 24, 2014 in Motor Vehicle Accidents

Don't Text and DriveThe Connecticut Department of Transportation Highway Safety Office (ConnDOT) has announced the kickoff of the state’s participation in the national “U Drive. U Text. U Pay” campaign. The 2014 National Distracted Driving Enforcement Campaign is being sponsored by the Governors Highway Safety Association (GHSA) and involves heavy media and public outreach, coupled with stringent anti-texting enforcement, to help get the word out about the dangers of driving and texting.

In Connecticut, it is against the law for a driver of any age to use a handheld mobile phone while driving. A driver can only use their phone if they have the device on speakerphone, using a Bluetooth wireless device, headset or using an installed hands-free car kit. Texting while driving is completely prohibited.

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One in Five Fatal Crashes Involves Unlicensed Driver

 Posted on September 18, 2014 in Motor Vehicle Accidents

Unlicensed Driver AccidentA recent report issued by the AAA Foundation for Traffic Safety, one out of every five fatal vehicle crashes involves a driver who is unlicensed. The report, entitled Unlicensed to Kill, was written by researchers from the Texas Transportation Institute located at Texas A&M University. The team used data from Department of Transportation's Fatality Analysis Reporting System (FARS).

According to the report, 8,400 people die every year in accidents involving a driver who does not have a valid license. The study also found that 28 percent of those unlicensed drivers had received three or more license revocations or suspensions within the three years leading up to the fatal crash.

In a statement, lead researcher Lindsay I. Griffin pointed out the serious flaw in the current system. “It's like a revolving door. These people are being suspended and suspended and suspended again, and still, they're driving.”

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How Safe are Your Vehicle's Tires?

 Posted on September 11, 2014 in Motor Vehicle Accidents

tire safetyCurrently, there are no federal regulations that require tire salespeople to provide consumers with the actual age of the tires they may be purchasing. Tire purchasers may think they are buying brand new tires, but in reality, that tire may be a decade old.

According to the National Highway Traffic Safety Administration (NHTSA), a vehicle's tires that are six years or older run a greater risk of sudden “tread separation” where the tread of the tire comes apart from the casing or body of the tire. When the tread separates from the tire, the driver can lose control of the vehicle, resulting in dangerous, even deadly, vehicle crashes.

Even if an old tire has new and unused tread, there is still a high risk of tread separation the more the tire ages. That is why the NHTSA, as well as many vehicle and tire manufacturers, recommend that tires which are older than six years old not be used.

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Parents Warn Against Reckless Driving, But Ignore Own Advice

 Posted on September 04, 2014 in Personal Injury

reckless drivingA recent study conducted by Liberty Mutual Insurance Company and Students Against Destructive Behaviors (SADD) has found that while many parents lecture their children about the dangers of texting and driving or driving under the influence, they aren’t so quick to take their own advice.

Participants in the study included more than 2500 11th and 12th grade students from around the country, 1,000 parents of high school students and several focus groups from Dallas and Philadelphia.

The results of the surveys show that parents are often engaging in many of the dangerous driving habits they warn their teenagers about. Behaviors such as not using seat belts, reading and sending text messages while driving and driving after drinking alcohol are all behaviors that teens said their parents are engaging in while behind the wheel. And almost half of those teens surveyed said their parents continued those risky behaviors even after they asked their parents to stop.

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NHTSA Proposes New Regulation for Commercial Buses

 Posted on August 29, 2014 in Personal Injury

commercial bus accidents, Connecticut personal injury lawyerThe National Highway Traffic Safety Administration (NHTSA) has announced proposed regulation in an effort to help protect passengers riding in large commercial buses in the event of rollover crashes.  The agency, a division of the U.S. Department of Transportation (DOT), released a 111 page document which covers the new regulation and the reasons behind it.

U.S. Transportation Secretary Anthony Foxx referred to the consequences of rollover bus crashes as “severe” and said the agency wants to reassure the public that they are always looking for way to improve passenger safety.

The regulation applies to the structural design of new buses that are manufactured, ensuring that in the event of a crash, passengers will remain safe because the space around them does not collapse. The regulation would also ensure emergency exits would still be usable after a crash impact.

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