Author Archives: Qamar

What Is A Mistrial?

Dallas, Texas, 08/01/2017 /SubmitPressRelease123/

The Bill Cosby sexual assault case has dominated headlines over the past year. The case is complicated, as it involves thorny questions about statutes of limitations and whether Cosby previously admitted or acknowledged that he engaged in some of the behavior the plaintiffs accuse him of.

When the case ended in a mistrial in June 2017, many people had questions about what exactly that meant. Does it mean that Cosby is a free man? Does “double jeopardy” mean that he can never be tried again? Or can the court order an entirely new case against him?

Mistrials Explained

According to the American Bar Association, the short definition of a mistrial is a trial that is “not successfully completed.” Because the trial is not brought to a complete conclusion, it does not trigger the double jeopardy clause, which states that a criminal defendant can’t be tried twice for the same crime. This means that the court can convene a whole new jury and start the prosecution again.

Mistrials happen for a variety of reasons, including:

A juror or attorney passing away in the middle of a trial.
A mistake or something inappropriate happening in the middle of jury selection.
An error during the trial that harms the defense or causes prejudice to the defendant’s case.
Juror misconduct.
A deadlocked jury.

Perhaps the most common reason for a mistrial is a deadlocked jury. This occurs when the jury simply can’t reach a conclusion. When the jury can’t agree no matter how many times they hold a vote, the judge is forced to declare a mistrial. People who followed the OJ Simpson case closely in the 1990s might remember that a mistrial was a significant concern for the prosecution and the defense. In that case, both sides worried that being forced to select a new jury and retry the case would harm their side.

In Cosby’s case, the New York Times reported that the jury deliberated for six days — a total of 52 hours — without reaching a verdict. The Times also reports that the prosecutor has stated he will pursue a new trial against Cosby with a new jury.

Another relatively common example of mistrials is when one side makes a mistake that harms the defendant’s chances of getting a fair trial. Perhaps the prosecution does something improper with evidence, or maybe the prosecutor makes inappropriate statements to the jury that cause irreparable harm to the defense. If the jury hears it, and it was improper, the jury can’t simply “unhear” it. In that situation, the court must declare a mistrial.

Speak to a Texas Sexual Assault Criminal Defense Attorney Today

If you have been charged with a crime in Texas, you need the help of an experienced criminal defense lawyer right away. Don’t wait to speak to a knowledgeable Texas criminal defense attorney about your case.

Sources:

https://www.nytimes.com/2017/06/17/arts/television/bill-cosby-trial-day-11.html?ref=todayspaper
https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/mistrials.html

Texas Sexual Assault Criminal Defense Lawyers

http://www.brodenmickelsen.com/

Dallas Texas Sexual Assault Criminal Defense Attorney Broden & Mickelsen, LLP

2600 State St Dallas, Texas 75204

Main Phone: (214) 720-9552

source: http://www.brodenmickelsen.com/blog/what-is-a-mistrial/

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NFM Lending Opens A New Branch In Westminster, Colorado

Linthicum, MD, United States, 08/01/2017 /SubmitPressRelease123/

NFM Lending is pleased to announce the opening of a new branch in Westminster, Colorado, led by Branch Manager Jessica Uphoff. The branch will focus its lending platform throughout Westminster and the surrounding area. NFM Lending offers Conventional, FHA, VA, USDA, FNMA, Jumbo, and many other loan options.

“My team and I couldn’t be more thrilled to join NFM Lending,” said Uphoff. “This is an amazing opportunity for us all to grow and provide an even higher quality of the personalized and exceptional service that our clients and partners expect and deserve.”

The President of NFM Lending, Jan Ozga, is thrilled to welcome the Uphoff Team.

“Jessica Uphoff is a total Rockstar,” said Ozga. “She brings enormous energy, knowledge, and passion to our incredible company. Her sense of culture and relentless drive will accelerate NFM’s journey to the top. I couldn’t be more honored to have Jessica and her team as part of the NFM family.”

The branch is currently hiring qualified Loan Originators for full and part-time positions. The branch’s goal is to provide top-notch service, commitment, and dedication to borrowers, ranging from first-time homebuyers to seasoned buyers looking for their next home, a second home, or investment properties. Visit the branch page to learn more: www.UphoffTeam.com.

Jessica Uphoff
Branch Manager
NMLS # 174999
Phone: 720-225-2720
juphoff@nfmlending.com
uphoffteam@nfmlending.com
www.UphoffTeam.com

About NFM Lending

NFM Lending is a mortgage lending company currently licensed in 29 states in the U.S. The company was founded in Baltimore, Maryland in 1998. They attribute their success in the mortgage industry to their steadfast commitment to customers and the community. NFM Lending has firmly planted itself in the home loan marketplace as “America’s Common Sense Residential Mortgage Lender.™” For more information about NFM Lending, visit www.nfmlending.com, like our Facebook page, or follow us on Twitter.

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Auto Accident Lawyer Rand Spear Discusses Summer Drunk Drivers Causing Injuries

Philadelphia, 08/01/2017 /SubmitPressRelease123/

Summer is a time most people associate with vacations, road trips, and time spent with loved ones (or in a hammock reading a book). It’s a chance to relax in warm weather or splash around in the pool or under the sprinkler with the kids.

Unfortunately, summer is also the worst time of year for drunk driving hazards. Simply put, there are more drunk drivers on the roads.

AAA and MADD Talk about the 100 Deadly Days of Summer

The summer months have become so dangerous for motorists that organizations like AAA and MADD have dubbed the season the “100 deadliest days.” The period runs from Memorial Day to Labor Day, and it corresponds to summer break for teenagers, which make up the most dangerous demographic of drivers.

According to data gathered by the National Highway Traffic Safety Administration, there was an average of 1,022 fatalities over the 100 days of summer throughout the past five years. That averages out to roughly 10 deaths every single day. During the summer months, the number of deaths among teen motorists jumps by 16 percent.

In addition to there being more kids on the road during the summer, there are also simply more people on the road, period. People tend to take their vacations in the summer when their kids are off from school. And because gas prices have fallen in recent years, while the cost of plane tickets has gone up, people are more likely than ever before to drive to their destination rather than fly. This means that far more people are on the road during the months of July, August, and September.

Rand Spear Philadelphia auto accident lawyer states: “Unfortunately, more drunk drivers are on the roads during the summer months, too. People gather with friends to party, and they don’t always drink responsibly. It takes just one lapse in judgment to ruin someone’s life forever. In the most devastating cases, a person is killed because a careless individual decided to get behind the wheel after drinking too much.”

Driver Distractions Are Also a Factor in Summer Car Crashes

Driver distractions also play a big role in the 100 deadly days of summer. Research conducted at the University of Iowa revealed that distractions like cell phones played a role in nearly 60 percent of the more than 2,200 auto accidents that occurred between 2007 and 2015. Researchers analyzed the final six seconds before each crash and found that 15 percent involved a motorist talking to passengers, 12 percent involved a driver talking on the phone or texting, and 11 percent involved a motorist looking at or attending to something inside the vehicle.

If you or a loved one has been injured by a drunk driver, don’t wait to speak to an auto accident lawyer about your case. Get in touch with an auto accident lawyer right away to learn more about your rights and options.

Media Contact:
Rand Spear Philadelphia car accident lawyer – (215) 985-2424
Two Penn Center Plaza, 1500 John F Kennedy Blvd #200, Philadelphia, PA 19102
Sources:
https://www.usatoday.com/story/news/2016/06/01/summer-deadly-for-car-crashes/85237308/
http://www.madd.org/blog/2016/june/protect-against-the-100.html

source: http://randspear.com/2017/07/26/philadelphia-auto-accident-lawyer-rand-spear-discusses-summer-drunk-drivers-causing-injuries/

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Philadelphia Car Accident Lawyer Discusses Takata Airbag Death

Philadelphia, 07/31/2017 /SubmitPressRelease123/

For what appears to be the first time, a person has been killed by a Takata airbag in a car that wasn’t moving at the time of the accident. The New York Times reports that a man in Florida was repairing a parked 2001 Honda Accord in Miami, Florida when he used a hammer, which apparently caused the airbag to deploy. The ruptured airbag blew up and caused the man to suffer serious injuries. He died in the hospital the next day.

The media reports that the death is the twelfth U.S. fatality linked to Takata airbags according to the National Highway Traffic Safety Administration (NHTSA) and the seventeenth death worldwide. The exploding airbags send metal shrapnel flying through the vehicle, which can cause devastating and deadly injuries.

Until this accident, however, the fatalities and injuries associated with the defective Takata airbags have occurred in collisions, in which the affected vehicles were in motion and struck an object or another car.

The Ongoing Takata Airbag Recall

The Takata recall, which is the largest, most comprehensive product recall in history, began in 2008. At the time, it affected Honda vehicles and included just 4,000 cars. By 2011, the recall had ballooned to over 2 million vehicles. By 2017, it involves 70 million airbags in 42 million vehicles across 19 auto manufacturers.

As Consumer Reports explains, “At the heart of the problem is the airbag’s inflator, a metal cartridge loaded with propellant wafers, which in some cases has ignited with explosive force. If the inflator housing ruptures in a crash, metal shards from the airbag can be sprayed throughout the passenger cabin — a potentially disastrous outcome from a supposedly life-saving device.”

Philadelphia Car Accident Lawyer Discusses Defective Takata Airbags

Philadelphia car accident lawyer Rand Spear explains, “If you own any kind of vehicle, it is extremely important to check if it is included in the Takata airbag recall. Whether you bought your vehicle new or used, your car or truck may contain defective Takata airbags. Both domestic and foreign cars are affected, and the recall covers vehicles manufactured over a large span of years. As this tragic case demonstrates, the car may not even have to be moving for the airbag to cause a catastrophic injury or death.”

To determine if your car is part of the recall, visit the safercar.gov website and look up your vehicle by its vehicle identification number (VIN) or make and model. Safercar.gov is maintained by the NHTSA and they regularly update the site to include the latest Takata information.

Contact a Philadelphia Car Accident Lawyer Today

If you’ve been injured in any type of car accident, you have important rights, and you may be entitled to compensation for your injuries and other losses. Don’t wait to speak to an experienced personal injury lawyer about your case. Discuss your options and the next steps in your case with Philadelphia car accident lawyer Rand Spear today at 888-373-4LAW.

Sources:

https://www.nytimes.com/2017/07/10/business/takata-airbag-honda-death.html?mcubz=1
http://www.consumerreports.org/cro/news/2016/05/everything-you-need-to-know-about-the-takata-air-bag-recall/index.htm
https://www.safercar.gov/

source: http://randspear.com/2017/07/24/philadelphia-car-accident-lawyer-discusses-takata-airbag-death/

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Street Racers Kill And Injure Others Says Boca Car Accident Lawyer Joe Osborne

Boca Raton, FL, USA, 07/31/2017 /SubmitPressRelease123/

Street racing is illegal. It may look fun and exciting in movies and on television but the reality is that it recklessly endangers the health and lives of participants and any pedestrians or motorists who get in the way. Street racers can be held accountable for the deaths and injuries they cause says Boca car accident lawyer Joe Osborne.

Earlier this month a 24-year-old man was sentenced to four years in prison because of his involvement in a street race in Hawthorne, California, last year that killed a popular elementary school music teacher, Benny Golbin, 36, reports the Los Angeles Times. Alfredo Perez Davila was sentenced after pleading no contest to gross vehicular manslaughter. He was originally charged with murder, gross vehicular manslaughter and engaging in a speed contest, but plead no contest to the one charge as part of a plea bargain.

He and Anthony Leon Holley are accused of racing each other in January 2016 when the collision occurred. Police say Davila lost control of his car, swerved across several lanes of traffic, struck the center median and went airborne into traffic coming the opposite way. His car struck Golbin’s car, killing him instantly.

Golbin, who was an alto saxophonist, left his job at the Children of Promise Preparatory Academy in Inglewood and was on his way to teach a class in the Palos Verdes Peninsula Unified School District when the accident occurred. Davila was uninjured and was arrested at the scene. The other driver turned himself into police and plead no contest to a felony hit-and-run charge as part of his own plea bargain deal and he is expected to be sentenced to probation.

At Davila’s sentencing hearing one of Golbin’s friends, Hugh Von Kleist, encouraged Davila to raise awareness of the dangers of street racing. “A car is a weapon,” he said. “It is very heavy. And it is very fast.”

Another innocent bystander was killed by street racers in January in Davie, Florida. Dominick Del Pozzo died after he was thrown from his minivan after a head-on collision with another car that was street racing, according to the Sun Sentinel. He pulled onto Davie Road southbound when he was struck by a Mercedes sedan speeding north while racing a silver Infiniti.

Del Pozzo owned Culinary Affairs Catering in Fort Lauderdale. He was from Naples, Italy, and grew up watching his father run the Monte Carlo restaurant in Queens, New York. He was leaving Restaurant Depot, a wholesale restaurant equipment store, just before the crash.

How popular is street racing? In 2012 state troopers received a tip about organized illegal street racing in Northwest Miami-Dade and they found more than a thousand cars lined up on Okeechobee Road near Northwest 137th Avenue. Some of their owners came to race, some to watch (which is also illegal in Florida), according to NBC Miami.

Florida Highway Patrol Trooper Nelvys Hernandez told the station the area was dangerous for the racers and anyone who gets near them. “This is a death valley when so many people gather out here,” Hernandez was quoted as saying. “It’s just horrendous to see so many vehicles coming in and out at a high rate of speed.”

If you or a loved one has been injured in a vehicle accident caused by street racing, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Press Contact:

Personal injury lawyer Joseph Osborne
561-800-4011

source: http://www.oa-lawfirm.com/street-racers-kill-injure-others-says-boca-car-accident-lawyer-joe-osborne/

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He Didn’t Read Me My Rights! Now What? Explains Dallas Criminal Defense Lawyer

Dallas, TX, USA, 07/31/2017 /SubmitPressRelease123/

I often have clients or family members tell me that the arresting police officer did not read the arrested person their rights. They want to know whether the failure to read someone their rights means that the person’s case should be dismissed. Unfortunately, the answer is, “no.” says Dallas criminal defense lawyer John Helms. The fact that the police do not inform an arrested person of their rights does not, by itself, mean that the case should be dismissed. In some cases, though, it can make a difference in how strong the case against the person may be.

A person’s “rights” in this context are those that the United States Supreme Court discussed in the case of Miranda v. Arizona. They include the right to remain silent, the right to have a lawyer present during any questioning, and the right to have a lawyer appointed if the person cannot afford one.

The police are not required to inform you of those rights. However, if they do not, then any statements you make in response to questioning while you are in custody generally cannot be used against you at trial. This was the rule that the Supreme Court announced in the Miranda case. So, the failure to inform you of these rights does not mean the case just goes away.

To understand why it is important to understand why the Supreme Court established the Miranda rule. Our Constitution does not allow the police to force people to confess to crimes.  When someone is in police custody, they may believe that they have no choice except to answer questions.  They may also not realize that they can end the questioning by asking to have a lawyer present.  The Miranda decision means that the police must tell a suspect who is in custody that they are not required to answer the questions and that they can have a lawyer.  This prevents the police from making someone believe that they have no choice but to answer, and it prevents the police from endlessly questioning a person in custody against the person’s will.  There are exceptions, but this is how it works.

The rule is designed to apply to police practices during questioning when someone is in custody. It has nothing to do with other evidence the police have found at the crime scene or in other places so that evidence can still be used. That is why the case is not just dismissed.

There are cases, though, in which critical evidence of a person’s guilt consists of a statement to the police under questioning while in custody. If the police did not first inform the person of the Miranda rights, the statement generally cannot be used at trial. This may mean that the case is much weaker.

On the other hand, if the arrested person did not make any meaningful statements to the police while in custody, there is nothing to keep out, so the failure to inform the person of the Miranda rights makes no difference.

The Miranda rule has exceptions, and it only applies when the person is “in custody.” It also does not apply to statements that a person makes voluntarily. So, if a person is riding in a police car after an arrest and suddenly blurts out, “I did it!” this statement can be used whether the police informed the person of the Miranda rights or not.

The law in this area is complicated. An experienced and knowledgeable criminal defense lawyer will know the law in this area and should consider whether any statements by the accused can be suppressed, and if so, what difference it would make.

If you, a family member or someone you know has been charged with a crime in the Dallas area, contact Dallas criminal defense lawyer John Helms at (214) 666-8010 or fill out the online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and freedom.

Press Contact

John Helms
(214) 666-8010
https://www.linkedin.com/in/john-helms-69172699

source: http://johnhelms.attorney/didnt-read-rights-now-explains-dallas-criminal-defense-lawyer/

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Holsboer Residences In The Heart Of Davos

Davos, Platz, Switzerland, 07/31/2017 /SubmitPressRelease123/

Discover a new luxury apartment in Davos

Holsboer-Residences is the new premium holiday apartments in the Universal Spengler Hotel in the center of Davos, where the world famous International Hotels are located and offer their services. The Spengler Hotel is a 4-star hotel and comprises 31 mainly large single and double room apartments, from 60 m2 to 128 m2 and offers a special infrastructure. Holsboer-Residences is located in the heart of Davos but has a quiet location close to the shopping and entertainment district. In just a few steps you can reach a variety of attractions such as the cable car to the Schatzalp, the ice hockey stadium Vaillant Arena, the Congress Centre and Golf Club Davos.

Advantages of Holsboer-residences

Experience all the tabs of Davos apartment

Apartment owners of the Holsboer residences take a regular guest advantage with absolute access to the first class facilities and service. In the hotel’s various restaurants and bars, you can try a modern kitchen and carefully selected drinks. Guests have the opportunity to taste the modern and traditional delicacies made from seasonal products. Restaurants and bars of Holsboer-residences offer a relaxed atmosphere, superbly made cocktails and impeccable service, which is a very special place where you can relax and forget all the rigors. While you take your cocktail, you can enjoy a fascinating view of the mountains and ski slopes from the rooftop terrace. One of the main features of this beautiful bar is the presence of carefully selected wines, champagnes and beers from all over the world that cannot leave anyone indifferent.

One of the essential advantages of Holsboer-Residences is a separate building of the hotel, where guests can enjoy the sporting activities and wellness. There you will find numerous fitness, cardio, and power equipment for everyone. Professional consultants deal with individuals or groups who want to feel fit. You can not neglect our most modern spa, which pampers guests with invigorating and relaxing treatments. In addition, our spa offers pools, massages, saunas and cosmetic treatments. Our guests are always at the center of our attention and concern.

The interior of the Davos holiday apartment is thoroughly considered by the world-famous architecture and design company Woods Bagot so that guests can feel the influence of fresh air and light and enjoy nature through the window.

The apartments Davos are planned so that all the advantages of the location would be clearly visible. Davos apartments are surrounded by fascinating and breathtaking landscapes of Switzerland. Panoramic windows and balconies allow guests to enjoy a free view on the mountains. The apartment owners and guests have access to the rooftop terraces which gives more opportunity to delight nature.

With the focus on details, the Davos apartments are for everyone.

Although the interior furnishing makes you pay attention to usability, the furnishing of the apartments awakens the feeling of a minimalist cleverness. Our open kitchen has the latest equipment and can meet all essential needs.

The modern design of the apartments is equipped with luxurious furniture and sanitary furnishings, which gives a present feeling of beauty and elegance.

Every guest can find everything he wants and needs in Davos apartment.

Ideal for skiing and relaxation it makes for the best holiday in Switzerland.

Davos has long been considered a holiday paradise and a huge number of holiday and relaxation seekers head to this place every year. Davos is ideally suited for various cultural and leisure activities. The Davos landscape is famous for its sports events in summer and winter and arranges for various exquisite international conferences such as the Weltwitschaftsforum. Very close to holsboer-residences you can ski in winter and find other winter sports activities. The seven ski resorts Gotschna, Madrisa, Pischa, Rinehorn, Parsenn, Jakobshorn and Schatzalp unite to the great winter sports arena Davos-Klosters. In Summer you can enjoy hiking trails and mountain railways. The untouched nature will be your best friend here and you will not want to leave this place. Apart from the fact that Davos offers the numerous sports activities, it is a relatively dense city where guests can reach all the sights on foot. Check out for yourself what an ideal holiday can look like!

Single apartment in the center of Davos with roof terrace

Try the comfort of Davos apartment

Holsboer-Residences invites its guests in a quiet location in the heart of Davos and in the winter fairy tale that surrounds the apartment. To buy a holiday apartment in Holsboer-residences, this winter fairytale will always wait for you on the rooftop terrace.

See real Holsboer Residences – 3d tour

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Should States Get Rid Of Cash Bail Systems?

Dallas, Texas, 07/31/2017 /SubmitPressRelease123/

Everyone has heard the term “bail,” but do you really know what it means? In most jurisdictions in the country, when you’re arrested and charged with a crime, the court has the option to set bail. This is a specific amount of money you pay to the court to obtain your release from jail while you await the next step in your case — usually a court proceeding, such as a trial.

Courts set the bail amount depending on a variety of factors, including the seriousness of the alleged crime, the person’s criminal past, how long they’ve resided in the community, and any history of drug or alcohol-related convictions. Basically, the court tries to assess if the person is likely to skip town and attempt to avoid prosecution. If the criminal charge is something non-violent, such as passing bad checks, bail is likely to be set quite low. But if the charge is particularly egregious, such as murder, bail will probably be set in the tens of thousands or higher. In some cases, bail can reach into the millions. In some cases, the court has the option to refuse to set bail and to hold the person in jail pending trial.

Because most people don’t have access to large sums of cash, bail bondsmen offer short-term loans to individuals who have been charged with crimes. The person pays a nonrefundable fee — between 10 and 20 percent — of the total bail, and the bail bond agent puts up the rest of the money to the court in the event the person fails to appear in court.

Why Some States Are Getting Rid of Cash Bail

As PBS reports, the cash bail system is the norm in most states, but it is not without its critics. The problem, criminal justice advocates claim, is that cash bail often traps people in a cycle of poverty and crime.

In some cases, people charged with non-violent offenses can’t even afford to use the services of a bail bondsman. Without the ability to make bail, they lose their jobs. Even if they’re later found innocent of the crime they were charged with, they may eventually turn to theft or another type of crime just to make ends meet.

The problem has become so widespread that some jurisdictions, such as New Jersey, have eliminated cash bail altogether. According to a 2013 study in the Garden State, 40 percent of people held in New Jersey jails were there only because they couldn’t afford bail. In most cases, minority inmates were the most likely to be unable to pay. The study also found that judges had a tendency to set bail higher for black and Latino defendants.

Call a Texas Criminal Defense Attorney If You Have Been Charged with a Crime

If you’ve been charged with a crime in Texas, don’t leave your freedom to chance. Get in touch with a skilled Texas criminal defense lawyer today.

Sources:

http://www.pbs.org/newshour/bb/new-jersey-eliminates-cash-bail-leads-nation-reforms/
http://criminal.findlaw.com/criminal-legal-help/bail-bonds.html

http://www.brodenmickelsen.com/

Broden & Mickelsen, LLP Texas criminal defense lawyer

2600 State St Dallas, Texas 75204

Main Phone: (214) 720-9552

source: http://www.brodenmickelsen.com/blog/states-get-rid-cash-bail-systems/

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An Update On Trucking Regulations And Why You Need To Care

Dallas, Texas, 07/31/2017 /SubmitPressRelease123/

A number of big truck regulations are in various states of flux because of the transfer of power from the Obama Administration to the Trump Administration. And although this is business as usual when a new president takes power, the trucking regulations in question – which include a mandate that requires all truck carriers to install electronic logging devices and a proposal to curb the maximum speed of commercial trucks – could have a direct effect on road safety.

That’s because the Federal Motor Carrier Safety Administration (FMCSA) has designed these regulations to make the roads safer by installing new technology and by regulating commercial truck driver behavior. Because of this, this is an important issue for all drivers and deserves a closer look to see just where these regulations stand in 2017.

Status of the ELD Mandate

The status of the Electronic Logging Device (ELD) mandate is important, because if passed, the regulation would require all truck carriers to install ELDs in their trucks.

Currently, all commercial truck drivers are required to manually complete log books that detail the number of hours they have driven and the number of rest periods they have taken each day.

Logbooks maintain a record of the mandatory rest periods that drivers must observe, and they are designed to combat driver fatigue, which is one of the major causes of commercial truck wrecks.

The problem is that some truck drivers manipulate their logbooks and continue to drive beyond the limits imposed by the FMCSA, causing fatigued driving that could lead to devastating accidents.

ELDs would resolve this problem, because they cannot be falsified, and they provide real-time monitoring of driving hours and rest periods.

According to Glostone Trucking Solutions, the ELD mandate has survived a court challenge from a major trucking organization and is expected to go into effect without further obstacles in December of this year. (1)

Status of the Drug and Alcohol Clearinghouse

The status of the Commercial Driver’s License Drug and Alcohol Clearinghouse is similar to that of the ELD mandate. This mandate would establish a national database for commercial drivers’ drug and alcohol testing information.

Truck carriers would have to register all their drivers and upload test results into the database. This would provide information about any positive tests as well as drivers who have refused to submit to mandatory drug and alcohol tests.

Currently, drivers who test positive for drug or alcohol in one state, can apply for a job in another state without disclosing these results. Carriers have no way to check for positive results, so many of them unknowingly hire drivers who have tested positive for drug or alcohol.

The Drug and Alcohol Clearinghouse would solve that problem and help carriers avoid hiring drug and alcohol offenders, which would make drivers and roads safer.

“The national drug database for commercial drivers is a welcomed regulation that is long overdue,” stated Dallas Truck Wreck attorney Amy Witherite. “It eliminates a huge loophole that prevents truck carriers from obtaining comprehensive information regarding the background of their applicants.”

The FMCSA expects the national drug and alcohol clearinghouse to go into effect January 2020, and so far the Trump Administration has not indicated it will amend or overturn the regulation.

Status of Truck Speed Limiting Device Mandate

The status of the truck speed limiting device mandate is much murkier. This rule would require the installation of a speed-limiting device in all commercial trucks that would limit their speed to 60, 65 or 68 miles per hour.

According to Trucks.com, the American Trucking Associations (ATA) opposes the speed limiter rule because it believes that it would cause an unsafe speed differential between trucks and small cars on the road.

Speed differential refers to a difference in the speed of one vehicle versus another vehicle. The ATA believes that slower trucks would cause problems with cars moving at faster speeds. (2)

Also, the ATA said that the FMCSA has not decided which of the three proposed speeds would work best and why.

Because of this indecision, many truck safety experts believe that the proposal will be significantly reworded or that the new administration will get rid of it and start over.

Steps To Take After A Truck Accident

Big truck regulations such as the ELD mandate and the creation of a national drug and alcohol database could significantly lower the number of truck accidents in the future. But for people who continue to suffer injuries in these wrecks, there are some important steps to take after a truck accident, including reaching out to an experienced law firm such as the team at 1-800-Truck-Wreck.

“I think the most important thing is that truck wreck victims contact a lawyer, if only for a consultation,” stated Amy Witherite. “It’s difficult to have a clear head and to think logically after a truck accident, which is why our firm is so committed to keep life running when you suffer a wreck.”

Media Contact:

Lucy Tiseo

Eberstein Witherite, LLP

Phone: 800-878-2597

Email: lucy.tiseo@ewlawyers.com

www.1800truckwreck.com

#WeKeepLifeRunning

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SOURCES

https://www.glostone.com/2017/01/09/trucking-regulations-stand-kickoff-2017/
https://www.trucks.com/2016/10/07/ata-opposes-truck-speed-limiter-rule/

source: http://www.1800truckwreck.com/update-trucking-regulations-need-care.html

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5 Tips To Recovering A Good Night Sleep

New Jersey, 07/26/2017 /SubmitPressRelease123/

Waking up refreshed after a good night sleep is priceless. If you’re in early recovery, you know (more than anyone else) exactly what I mean. Maybe a mother to a newborn child also knows the struggle, but I think we’d agree – it’s different. Your body is still recharging from a rough run and one of the best ways we rally is through rest. Sleep not only restores physical energy but also helps with regulating our emotions and sharpens our critical thinking, amongst other things.

“Nice to know, but I can’t get to sleep,” you might be saying.

Don’t worry, we’ve got some thoughts for that. Here are some quick tidbits that tend to lead into a better relationship with your bed so you can learn how to sleep better and faster. Disclaimer: As with most things in life, consistency is key!

Lay Off the Caffeine

Don’t hate me. Seriously though. One of the first things a physician or clinician is going to ask a person who has trouble with sleep is about caffeine intake. So I’m betting you’ve heard this before, but it’s true. Just think about your general intake of routinely caffeinated products: coffee, energy drinks, tea, energy drinks, soda, energy drinks… Hey, no angels here! I’m drinking a cup of English Breakfast tea while I’m writing this. I’m not trying to say that caffeine is a bad thing, but keep in mind, it will contribute to sleep disturbances.

How long does caffeine affect the body? Experts say that although nearly all caffeine is absorbed in the body within 45 minutes of consumption, its effects can last 4-6 hours (2). Best bet – anything over 4 caffeinated beverages daily may be adding more sheep to your counting queue (and a 20oz Red Bull counts as 2). If you’re looking to conk out by midnight, the last call is 6 PM.

 Get Your Energy Out

Physical activity is essential! Not only is it good to get active and get some endorphins going, but it is a very simple way to help along your physical recovery and use up your body’s energy so that it’s ready for rest. Kind of like feeding two birds with one seed…

Think about your body as an energy generator. It’s self-powered and you fuel it intentionally with food, and indirectly with anxiety, anger, and other strong emotions. (Yes, emotions are energy – but that’s a whole other topic) If you’re not doing anything with that energy by the time you’re looking to sign off for the night, your body may not physically be ready to be still. Insert restless nights here.

Sleep.org advises exercise for good sleep at night, however, cautions to keep rigorous routines to earlier hours in the day as evening workout routines might contribute to a restless night (3). So say yes to sweat, just not right before bedtime.

Get outdoors, get your steps in, have an impromptu dance party in your living room for all I care, just do something. If your energy is being used, your body will crave a reset.

Make Your Bedroom a Snooze Only Zone

The unconscious brain does many things that we’re not aware of and one of them is making associations. An association is when we make mental connections between one thing, person, or concept and another. Sleep Hygiene Tip: Make the brain to associate your bedroom with sleep. To help secure this connection, it would be best for you to limit activity in it to the essentials.

Harvard researchers will tell you, the bedroom should be treated as a space of rest and relaxation (3). If you’re lounging around there most of the day, your brain won’t be associating it with sleep. It will be associating your bedroom with everything else you do and will likely result in long periods of thinking – not sleep.

If your living space makes following this tip unlikely, then try dedicating your bed itself as a sacred place of rest. Put in an arm chair for lounging and other activities.

Set a “Ready for Bed” Routine

We are nothing if not creatures of habit. Again, another fun brain fact. Similar to the previous tip, you can train your brain to not only associate your bedroom with sleep but also prepare it by establishing a routine so that it knows rest is coming up on the evening routine checklist.

Everyone has something that works for them. Maybe this is when you journal, sit for a few minutes to meditate, or stretch and do some breathing exercises. The folks over at Harvard also note “Physically and psychologically stressful activities can cause the body to secrete the stress hormone cortisol, which is associated with increasing alertness. If you tend to take your problems to bed, try writing them down—and then putting them aside.” (3).

Limit Your Screen Time at Night

In the world of Netflix, Hulu, and binge-watching random YouTube videos, we could all benefit from putting the technology away for a bit. If you’re having sleep problems, try being screen free (including your phone) for at least one hour before bedtime.

Interesting fact contributed by HuffPost writer Dr. Laurie Hollman, too much light from device screens will interrupt the brain’s production of melatonin, a naturally occurring chemical responsible for bringing on sleep (4). So scientifically speaking, you may be contributing to your own problems.

Give yourself a break from your tech. Your brain won’t be so stimulated and you just might pick up that book sitting on your night stand, talk to your roommate, or play with your pets before getting in some shut-eye.

Never hurts to try. Play around with these tips for two weeks and see how it goes! Give us your feedback and spread the word.

About the Author: Paul Lavella Jr. MA, LPC, LCADC, ACS

Paul shares, “Wellness Based Counseling is a concept very dear to my heart. At the root of it, the counseling relationship is not solely focused on “the problem,” rather how you go about life’s journey in a way that leads you toward feeling and being well. Counseling is not about pathology; it’s about learning what’s not working and figuring out what will.

I am dually Licensed in the State of New Jersey as a Professional Counselor and a Clinical Alcohol & Drug Counselor with ten years of professional experience working with adolescents, adults, and families. As an Approved Clinical Supervisor, I also provide supervision for those seeking licensure for counseling or addiction counseling.”

Embarking on a journey towards wellness and recovery is perhaps the bravest and most inspiring thing a person can do. At Summit Behavioral Health we are here for you every step of the way.

https://www.caffeineinformer.com/caffeine-metabolism

https://sleep.org/articles/exercise-time-of-day/

http://healthysleep.med.harvard.edu/healthy/getting/overcoming/tips

http://www.huffingtonpost.com/laurie-hollman-phd/effects-of-screen-time-on_b_11407544.html

Other Resources for you:
Learn more about 10 Tips To Help Prevent Relapse in our previous blog post

Read our blog post: 5 Stages Of Addiction Recovery As An External Process

MEDIA CONTACT:

Rebecca O’Mara

Executive Director Brand Management

rebeccaomara@summithelps.com

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source: https://www.summitbehavioralhealth.com/blog/5-tips-recovering-good-night-sleep/

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