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DWI-Related Offenses

When an officer arrests and charges you with a DWI in Utah, she or he can also charge you with other crimes if they are related to your DWI. Once that happens, the state can bring multiple charges against you–all of which you can expect to fight in court. A jury may find you not guilty on one charge, but guilty on another charge. Moreover, a jury can find you guilty of all charges. If this happens to you, you will serve a lengthy time in jail or prison after all these charges pile up.

Public Intoxication

Utah can charge you with DWI and public intoxication if you get out of your car and begin disturbing public places. Public intoxication occurs when you are under the influence of a drug, alcohol, or anything that releases toxic vapors from your body while endangering a person in a public or private setting. In many states, the state cannot charge you with public intoxication if you are in a home. However, In Utah, as long as you are unreasonably disturbing others in any private place, such as a home, a jury can find you guilty of public intoxication. This is a Class C Misdemeanor. It comes with a fine of up to $750 and jail time of up to 90 days.

Underage Drunk Driving

You only need to be sixteen to drive a car. But you need to be twenty-one to consume alcoholic beverages. If you are caught driving while intoxicated and you also happen to be younger than twenty-one years old, the state will also charge you with a separate offense. In this case, your blood alcohol content level does not need to be 0.08 (or 0.04 for commercial motor vehicles). Utah has a zero tolerance policy, so having any amount of alcohol in your system (0.01) is a violation. If you are a first-time offender and this is your additional charge, the state will suspend your driver’s license for up to 120 days or until your turn twenty-one, screen you for substance abuse, and make you serve a minimum of 48 hours in a jail or a detention center or on house arrest. Also, you will likely be ordered to take a drug and alcohol education course. The judge may also grant you supervised probation. In some circumstances, the court may allow you to drive on a restricted driver’s license so that you can go to school and work.

Why Do I Need A DWI Lawyer?

You need a driving while intoxicated lawyer in Salt Lake City Utah because it is far too difficult to under legalese without years of education and experience. The state will use head-scratching legal jargon, subpoena witnesses (such as the arresting officer) to testify against you, bring medical exports to validate your blood alcohol content level, and make convincing arguments as to why you should be incarcerated. Remember, it is the state’s job to bring a strong case againstyou so that you are found guilty. Having a DWI defense attorney levels the playing field. We at Rasmussen and Miner will challenge the credibility of the breathalyzer test and field sobriety test, bring witnesses who can testify favorably about your character, and reflect cracks in the prosecutor’s arguments. To speak with a DWI lawyer Salt Lake City UT residents turn to, call Rasmussen & Miner today.

Do I have the right to remain silent?

A person’s right to remain silent allows them to refuse to answer police questions during a traffic stop. This means that when the officer asks if the driver has been drinking or where the driver is coming from, the driver is not under any obligation to answer. However, invoking this right involves practical issues. Refusing to cooperate with the officer is technically allowed but may make the traffic stop more difficult. Consequently, a driver’s being polite and courteous is key, when exercising these rights. A Salt Lake City UT DWI lawyer wants you to know, however, that the right to remain silent is not the same as the right to lie. While the driver does not need to answer the officer’s questions, the information they do choose to provide must be truthful. Further, the right to remain silent also has an exception. The law requires drivers to produce their driver’s license, a copy of their registration, and proof of insurance upon an officer’s request.

Do I have the right to refuse a field sobriety test?

This right extends to refusing field sobriety tests as well. Police will often request that people perform some sort of physical challenge or coordination test to determine if they are sober. While refusing these tests will likely result in a longer traffic stop, it makes it more difficult for the state to pursue a DWI conviction. In addition to the right to remain silent, drivers also have the right to refuse to give the officer permission to search their vehicle. This is not the same as a right not to have the vehicle searched. The officer may still search the car if they have probable cause to suspect something illegal, but evidence from unconsented searches is harder for the state to use at trial.

Can I refuse a breathalyzer test?

This right not to consent to a search also affects whether a person must submit to a breathalyzer test. People do have the right to refuse such a test, however, Utah has an “implied consent” law, which means such a refusal could result in a driver’s license suspension. Still, that may be preferable to a DUI conviction. If you are facing DWI charges, call Rasmussen & Miner to meet with a skilled Salt Lake City UT DWI lawyer.

What is the Punishment for a DWI?

The real impact of a DWI depends on a number of factors. One of the major deciding factors behind the ultimate cost of your DWI is whether or not this is your first offense. The price you pay is usually much less if you’ve never been charged with a DWI before, but every case is different. For example, if you caused an accident even though it was your first DWI, you could still face serious punishments. In the state of Utah, a DWI ranges from a Class B misdemeanor to a felony. If you’re convicted of a felony DWI, you’re looking at prison time. Class B misdemeanors are less serious than a Class A misdemeanor (such as sexual battery and providing alcohol to minors) but they can still land you in jail for up to six months. In addition, you can expect a fine of up to $1,000 to go along with any other punishment that the judge dishes out. How Does a DWI Continue to Impact Me? The impact of a DWI extends beyond just a legal punishment. Your insurance rates will skyrocket, and in some cases the judge might take your license. The fine is just the tip of the iceberg. If you’re facing jail time, your life may be severely disrupted. And of course, a DWI will show up on your criminal record. It makes applying for loans, housing, and jobs much more difficult. How Can a DWI Lawyer Help Me? An experienced lawyer from Rasmussen & Miner can help you get through your DWI battle. Fighting a DWI alone isn’t going to yield the best results, but with the help of a qualified lawyer, you have a chance to make your case heard. It’s important that you and your lawyer analyze every step of your initial arrest. Was the initial traffic stop valid? Were there any errors on the police report? Did the police follow proper procedure? All of these questions can help build a case against the charges you’re facing, and your lawyer can help you find any discrepancies that can help your case. With proper legal assistance, you increase your chances of beating the charges or getting your charges reduced. If it’s your first time dealing with a DWI, you may feel completely overwhelmed. And if it’s not your first time, you may be anxious about what kind of punishment is in store for you. Fortunately, with the help of a DWI lawyer in Salt Lake City UT, you can navigate the legal challenges that come with your DWI, and get all the information you need. If you’re facing a DWI, you need to get legal help as soon as possible. Reach out to Rasmussen & Miner today to get started.

Common mistakes individuals make when arrested with a DWI

When searching for a DWI lawyer Salt Lake City can provide, you may have concerns about how to proceed. Staying aware of common mistakes may help you avoid these problems. Here are some common mistakes individuals make when arrested with a DWI:

1.Automatically Pleading Guilty

If your blood alcohol level was above the legal limit when you were pulled over, you may think that you have no choice but to plead guilty. However, it may still possible that the test is inadmissible in court and cannot be used against you. For example, if the police officer who pulled you over did not administer the test properly, you may have ground for dismissal. If you speak to an experienced DWI lawyer Salt Lake City trusts, he or she may investigate your case and determine if the sobriety test can be used against you or not.

2.Driving with a Suspended Driver’s License

When you are charged with a DWI, the judge may suspend your driver’s license at your first hearing. Although it can be frustrating to lose your license, driving on a suspended driver’s license is not a good idea. It could negatively affect your case if you are caught doing so.

3.Taking the Prosecutor’s First Plea Deal

Dealing a DWI charge can be emotionally draining and you may be tempted to accept the first plea deal the prosecuting attorney offers. This may not be a wise decision. The prosecutor may be offering you a poor deal. When you hire a DWI lawyer in Salt Lake City, your lawyer may be able to work out a better deal with the prosecuting attorney.

4.Not Taking Your Charges Seriously

If you are arrested for a DWI, it’s important to take your charge seriously. If you are convicted, you could face many serious repercussions such as jail time, fewer job opportunities, and strained personal relationships. Consulting with a Salt Lake City DWI lawyer as soon as possible may improve your chances of avoiding a conviction.

5.Not Speaking with a DWI lawyer Salt Lake City Residents Trust

Do not wait to make an appointment to see a DWI lawyer Salt Lake City counts on. At Rasmussen & Miner, we offer free initial consultations that allow us to evaluate all evidence and determine possible ways of defending each client.

Be sure to ask a DUI lawyer Salt Lake City offers about his or her professional litigation experience. Find out how many similar cases he or she has dealt with in the past and what his or her success rate is. Also, ask the lawyer about his or her current caseload.

If you are looking for a DUI lawyer Salt Lake City respects, contact Rasmussen & Miner.

What Are the Differences Between Criminal Charges vs. a Civil Lawsuit?

When you are arrested on criminal charges, the criminal justice system has jurisdiction over your case from its beginning to its conclusion. However, if someone was harmed while you were allegedly driving while intoxicated and that individual files a lawsuit against you, this claim will not be handled by the criminal justice system. This process will progress through the civil justice system. As a result, you could be navigating two cases either simultaneously or one filed after the other has concluded: one in which you’ll need to defend against criminal prosecution and one in which you’ll need to defend against allegations that you’ve wronged someone in a civil context.

If you’re convicted of criminal wrongdoing, this infraction will be reflected on your criminal record. By contrast, if you lose a civil case, that turn of events won’t be reflected on your criminal record. If you’re convicted of a DWI offense in criminal court, you could face fines, jail time, probation, mandatory rehabilitation service participation, suspension or loss of your driver’s license, and a host of other consequences. However, losing a civil case will likely “only” result in you owing compensation to the party that was harmed. With that said, civil judgments can be expensive, so you shouldn’t treat a civil lawsuit as a mere nuisance. Famously, O.J. Simpson was acquitted of murdering his ex-wife and her friend during an infamous criminal trial in the 1990s. However, after he was acquitted, a civil jury found him liable for their deaths and ordered him to pay their families $33.5 million in restitution. There are different burdens of proof and standards of evidence used in a civil context, so it may be harder to defend against a civil case than it is to defend against a criminal case. This is one of the many reasons why you should speak with a Salt Lake City, UT DWI lawyer if you’ve been charged in a criminal context and/or served with a personal injury lawsuit. The experienced Utah team at Rasmussen & Miner practices both criminal defense law and personal injury law, so we know how to handle all aspects of your legal needs at this time.

What Steps Do I Need to Take Now?

If you haven’t already reached out to our firm, please do so now. The quicker we’re alerted to your situation, the more quickly we can begin protecting your rights in both criminal and civil contexts. Until you speak with an attorney, take care not to speak with others. You have a right to have counsel present before you answer questions if you’ve been arrested. But even if you aren’t facing criminal charges, you’ll want to be careful how you conduct yourself in the event that a civil lawsuit may be filed against you. Opposing counsel may seek to use emails, texts, and even social media posts against you. Connect with us now so that we can begin strategizing on your behalf. We will do our best to build the strongest possible case(s) in an effort to protect your rights.

What if the accident wasn’t my fault?

It is entirely possible that the accident was not due to anything you had done wrong. It may seem as though you are guilty since you were arrested for a DWI, but this does not mean you are automatically at-fault. The other driver may have been speeding through a red light, changing lanes without looking properly, or broken another driving rule when the crash happened. In the stress of the moment, you may try to alleviate the situation by apologizing or even admitting fault while at the scene. Making statements like this could have a negative impact on your case, when perhaps you were not actually responsible for the wreck unfolding at all.

How can a Salt Lake City DWI lawyer help me with my DWI charge and injury lawsuit?

Those who are dealing with very serious allegations should meet with an DWI lawyer in Salt Lake City UT about what to do next. Being faced with a DWI charge means that the driver may lose his or her license, have to pay steep fines, and have a mark on record for many years to come. An DWI lawyer in Salt Lake City UT that is familiar with defense cases can offer strategy, legal wisdom, and representation during your lawsuit. Trying to battle both a DWI charge and injury lawsuit may be too much for one person to bear alone. Know that the experienced team at Rasmussen & Miner is here to help.

Common Types of Medical Malpractice Cases

Medical malpractice occurs when a doctor or other healthcare professional acts negligently and harms their patient as a result. Here are the most common types of medical malpractice.

Medication errors. Prescription medications can treat many types of illnesses and have prolonged many people’s lives. However, if these medications aren’t used properly, they can have disastrous results. Common types of medication errors include prescribing the wrong medication, prescribing the incorrect dosage and failing to recognize dangerous drug interactions.
Misdiagnosis. A large percentage of medical malpractice claims result from misdiagnosis. If a doctor diagnoses a patient with the wrong condition, the patient may receive unnecessary treatments or prevent timely treatment. Misdiagnosis can occur when a doctor doesn’t recognize certain symptoms or fails to order additional testing.
Surgical errors. Surgery is necessary to treat certain conditions, such as chronic knee pain and cancer. However, if surgeons and other staff don’t exercise proper care, patients are more likely to suffer harm. Surgical errors include operating on the wrong body part, leaving medical instruments inside the patient’s body, operating on the wrong patient and administering too much or too little anesthesia.
Birth injuries. As a medical malpractice lawyer in Salt Lake City, UT can attest, birth injuries are another type of malpractice. Many parents are excited for the birth of their child and can’t imagine anything going wrong. Unfortunately, if proper precautions aren’t taken, it can. Birth injuries can result from failure to recognize fetal distress, improper use of forceps, poor prenatal care and failure to perform a C-section when necessary.

What to Do If You’re a Victim of Medical Malpractice

If you’ve suffered injuries while under a healthcare professional’s care, your first step should be to see another medical provider. He or she can treat the injuries that resulted from the malpractice. Then, it’s important to speak with a medical malpractice lawyer in Salt Lake City, UT. A lawyer can investigate your case, identify responsible parties and fight for your right for compensation. If you suffered harm while under a medical professional’s care, you may want to consult a medical malpractice lawyer in Salt Lake City, UT from Rasmussen & Miner. You may be entitled to compensation. A lawyer can help you pursue a medical malpractice claim against the negligent party. Schedule a meeting with a medical malpractice lawyer in Salt Lake City, UT today.

What To Look For in a Medical Malpractice Attorney

The first question you should ask any prospective medical malpractice lawyer in Salt Lake City, UT is: what is your experience with cases like mine? Not only do you want an attorney with extensive legal experience, but you want that experience to extend to medical malpractice. You should also search for attorneys with a strong success rate. These law firms or lawyers should spend a significant amount of their time on malpractice cases. For example, you may search for a firm whose caseload is 75% personal injury and a high percentage of these cases involve medical malpractice.

Favorable Fee Schedules

Most personal injury attorneys work on a contingency fee. This means that you only pay a fee for your legal services when you receive a settlement or judgment. However, this fee can be a significant portion of your settlement. You need to know how much of your settlement you will surrender to your attorneys. Also, if you don’t win your case, you won’t typically be held responsible for legal fees. However, you may be responsible for paying other fees, such as those for investigators, litigation support, etc.

Available Resources

Medical malpractice firms, e.g., Rasmussen & Miner: Personal Injury Attorney, can tell you that taking on doctors or medical facilities is expensive. However, the insurance companies used by medical professionals and facilities are adept at avoiding claim payments because they have extensive resources, aggressive legal teams and sufficient cash reserves to defend their clients. Most medical malpractice attorneys don’t get paid until or unless a settlement or final judgment is granted to their clients. This means that your attorneys are footing the legal and other bills until the case is over. Therefore, choose an attorney or firm with enough resources, including cash flows, to finish your case.

Medical Knowledge and Witnesses

As you search for a medical malpractice lawyer in Salt Lake City, UT, look for attorneys with medical knowledge. These professionals should have at least a general knowledge of medical terminology, be able to read medical records and understand the medical mistakes that can be made. They should have some knowledge of the human body. A reputable malpractice law firm, such as Rasmussen & Miner: Personal Injury Attorney, should also have a network of medical witnesses. These individuals can review your medical records and identify what caused your injury, when it occurred and why it happened. They are adept at testifying in court and explaining complicated medical procedures and terminology to the laypersons on the jury. These individuals also need to understand and be able to explain medical standards of care and the negligent actions of the doctors and hospital staff. Every Utah physician understands that they are always at risk of being sued for medical malpractice if something goes wrong with a patient. This is why doctors and other medical professionals carry medical malpractice insurance. While all doctors are at risk, there are certain areas of medical specialties that see more malpractice lawsuits filed against them than in other areas of medicine. No matter what type of medical professional causes a patient’s harm, however, a medical malpractice lawyer in Salt Lake City UT can help.

Do You Have Grounds Upon Which to File a Medical Malpractice Claim?

It isn’t always easy to know whether a patient has suffered as a result of medical negligence. Most Americans are unaware of the standards of care that must be met—by law—in any given medical situation. Additionally, it simply isn’t always easy to know whether any particular kind of suffering could have been prevented had the standard of one’s care been improved. For example, if you recently suffered a great deal of time off of work and medical bills due to an infection you likely caught while hospitalized, could that infection have been prevented? It isn’t easy to know. And that is okay. Working with an experienced medical malpractice lawyer Salt Lake City, UT trusts will help you to clarify whether you have grounds for a strong cause of action against one or more medical providers. Generally speaking, you must have suffered physically as a direct result of a medical provider’s negligent, reckless, or intentionally harmful conduct in order to have grounds to file a cause of action against them. Also, generally speaking, you must have formally been a patient of the provider in question, as this relationship will allow you to meet the “duty of care” standard imposed upon all personal injury lawsuits. Again, it isn’t always easy to know whether you have cause to file a civil claim. Our Salt Lake City, UT medical malpractice lawyer can help to provide this clarity so that you can make informed decisions about your options.

Taking a Time-Sensitive Approach

It is important to connect with a Salt Lake City, UT medical malpractice lawyer at our firm as soon as you suspect that the harm that you have suffered may have been prevented if your medical provider(s) had exercised a proper standard of care. Why? The law only grants injury victims so much time to file a claim before they are barred from seeking otherwise rightful compensation. Additionally, it is important to act quickly so that the experienced Utah legal team at Rasmussen & Miner has enough time to investigate your circumstances properly before you are compelled to make a decision concerning whether or not to file a claim. Negative diagnostic and treatment outcomes are not always actionable. Allowing our team enough time to adequately discern whether filing a claim is worth your time and energy is important.

Is Filing a Claim Worth Your Time and Effort?

If you have strong grounds upon which to file a claim, chances are that filing that claim will be very much worth your time and effort. Why? Seeking any and all compensation to which you may be entitled will help to protect your family’s finances from the consequences of your mistreatment. Depending on the severity of the harm you have suffered, your compensation award could be substantial. Additionally, filing a claim will help to ensure that no one else is subjected to the same kind of substandard care that caused your harm.

Call Our Malpractice Law Firm for Help

If you have been a victim of a negligent doctor or other medical professional, call Rasmussen & Miner to schedule a free consultation with a compassionate Salt Lake City UT medical malpractice lawyer and find out what legal recourse you may have against those responsible for your injuries. We can help get you the financial compensation you deserve for your injuries, including medical expenses, loss of income, pain and suffering, permanent disability, and more.

What Is Maximum Medical Improvement?

Once you have suffered a work-related injury, it becomes imperative that you understand what is meant by maximum medical improvement, better known as MMI. MMI is the point you reach when you cannot recover beyond your highest reached condition. In other words, let us suppose that you initially suffered an injury that caused you to lose all feeling in your legs and that hindered your ability to move your lower body. Then, a few months later, you regain some sensations in your legs and you can wiggle your toes, but you cannot bend your knee nor stoop down. Your doctor told you that your body will not improve beyond this point for the foreseeable future. Once s/he tells you this, you have hit your MMI. A doctor will diagnose and determine your MMI usually after six or more months after your injury. As much as you may want and expect to receive workers’ compensation immediately, it can be in your best interest to wait until you are given your MMI. It is especially true that you should wait until you are given your MMI report if your work-related injury is severe. This is why you should speak with a medical malpractice lawyer in Salt Lake City UT, who can help ensure your MMI is timely and accurate. Initially, you may not know whether your injury is severe and you may even feel normal or want to return to work immediately, but you can be exacerbating internal injuries that you do not realize you have. Once you are given your MMI, workers’ compensation will provide you with a lump sum to cover your future lost earnings based on your life expectancy. Your doctor will describe your work limitations and your physical work capabilities, all of which factor into the dollar amount you can look forward to receiving from workers’ compensation. Without knowing your MMI, your workers’ compensation amount might not cover the full range of your expenses and there is a great possibility that you will be underpaid. You might be underpaid because your employer’s insurance company expects you to make a full recovery or disbelieves the severity of your condition. To learn more about how we can help you, please call Rasmussen & Miner today.

What is medical malpractice?

The usual legal theory under which a medical malpractice claim is made is negligence. In general terms, medical malpractice occurs when a patient suffers an injury as a result of a health care professional’s negligent act or omission. Specifically, under a negligence theory, the claimant must prove that the health care professional had a duty of care, that a violation or breach of the applicable standard of care occurred, and that the result of this breach caused the compensable injury.

What are some of the most common forms of malpractice?

There are numerous ways in which medical malpractice may occur, including, but not limited to, the following: · Failing to diagnose a patient · Misdiagnosing a patient · Performing unnecessary surgery · Committing surgical errors · Administering improper medication or dosing · Prematurely discharging a patient from a medical facility

What are the types of damages a malpractice victim can recover?

As a Salt Lake City UT medical malpractice lawyer can explain, it is possible to recover both economic and non-economic damages for medical malpractice. Economic damages include items like medical bills for treatment, wages lost, or the loss of future earning capacity that was caused as a result of the malpractice. In addition, a victim of medical malpractice can be awarded non-economic damages. This form of damages is more difficult to prove and to value because they are more subjective than economic damages. Though more difficult to demonstrate, non-economic damages can result in larger awards for claimants. However, there is currently a cap of $450,000 under Utah law. Non-economic damages include the loss of enjoyment of life, disfigurement, and pain and suffering. Physical pain and suffering involve the actual pain and discomfort that results from the injury. Alternatively, mental pain and suffering related to any emotions connected with physical pain or trauma. This may include mental anguish or emotional distress, as well as many other emotions or feelings.

What is the statute of limitations for filing a malpractice lawsuit?

The statute of limitations is another important aspect of medical malpractice claims. Under Utah law, a lawsuit must be filed within two years of the date the claimant knew or reasonably should have known of the injury, but in no event can a claimant bring an action more than four years after the date on which the alleged act or omission occurred.

Contact Our Firm for Help Today

Unfortunately, Utah health care professionals sometimes commit mistakes while treating patients. Individuals who sustain injuries as a result of medical malpractice may be able to recover monetary awards for the damage caused. These awards can help victims obtain additional health care required as a result of the malpractice and provide compensation for the suffering the victim endures. If you have been a victim of malpractice, a medical malpractice lawyer in Salt Lake City UT can help. No patient should ever have to suffer harm at the hands of those who they trust to provide medical care, and if patients are injured by their care providers, they are entitled to damages through a medical malpractice claim. If you have been a victim of medical malpractice, call an experienced Salt Lake City UT medical malpractice lawyer from Rasmussen & Miner today and find out what legal recourse you may have.