October, 2016 - Braunfotel and Frendel

What are the mechanics behind breath test instruments?

When a driver in New York is pulled over on suspicion of drunk driving, the police may ask the driver to take a breath test, in order to determine what the driver's blood alcohol concentration is. If it is above 0.08 percent, it is above the legal limit and the driver may be charged with driving while intoxicated or DWI. However, it is not unknown for Breathalyzers to be faulty, leading to an incorrect result. New York residents concerned about this may want to learn more about how do Breathalyzers work in the first place.First, it is important to understand how alcohol affects a person's body. The type of alcohol we drink is called ethanol, and it is found in beer, wine and liquor. Ethanol molecules are not very big. [...]

What are the mechanics behind breath test instruments?james2016-10-28T00:00:00+00:00

What premises liability means for homeowners

New York homeowners might want to be aware of laws governing premises liability before they invite their next house guests over. In general, they are responsible for the safety of their invited guests, and even some who may not have been invited, at all times.When people are injured on someone else's property, they have the right to seek compensation through the homeowner's insurance policy as long as they had a legal right to be on the property at the time the injury occurred. This means that they were either an invited guest or allowed onto the premises for some other reason, such as a delivery person or a repairman.Trespassers are not covered under homeowner's policies, with at least one exception. If a young child drowns in a backyard swimming pool [...]

What premises liability means for homeownersjames2016-10-24T00:00:00+00:00

What happens at a New York juvenile dispositional hearing?

Juveniles are often unable to anticipate the long-term consequences of their actions in the way an adult can. Moreover, most juveniles simply do not have the maturity that adults have. This may lead to situations where a juvenile is being accused of committing an illegal act. When a juvenile in New York is accused of a crime, depending on the nature of the crime and the juvenile's age, he or she may not be tried as an adult but instead will go through a Family Court fact-finding hearing and possibly a dispositional hearing.The purpose of the dispositional hearing is to determine whether or not the juvenile is a juvenile delinquentThe juvenile's probation officer can offer his or her recommendation that the juvenile should be allowed to live at home. This [...]

What happens at a New York juvenile dispositional hearing?james2016-10-20T00:00:00+00:00

The misdiagnosis of Lyme disease

Many New Yorkers are treated for Lyme disease each year. Some of them do not even require such treatment because their condition has been misdiagnosed. This can result in patients paying for medical care they do not need, while at the same time not being able to obtain the treatment they actually require.The two main ways that are used to check for Lyme disease are a blood test and a Western blot test. A positive result on either of these tests merely indicates that an individual has been exposed to Lyme disease at some point or another. Even if a person has recovered from the disease or the exposure was a long time ago, he or she may still test positive. Further testing and evaluation is needed to determine if [...]

The misdiagnosis of Lyme diseasejames2016-10-19T00:00:00+00:00

How does New York place a value on property in larceny cases?

When it comes to determining the value of allegedly stolen property, police and prosecutors in New City may want to place as high a value as is possible, to bolster their case against the accused. However, it is important that any value placed on allegedly stolen property is both fair and appropriate, as it can affect the charges and penalties the accused faces.With regards to larceny charges in New York, per New York Penal Code Section 155.20, in general, the value of the item allegedly stolen will be the same as the market value of the item at the time and location of the reported crime. If this value cannot be ascertained, then the value will be determined to be that which it would cost to replace the item within [...]

How does New York place a value on property in larceny cases?james2016-10-14T00:00:00+00:00

Common dangers New York construction workers face

On Aug. 1, an OSHA rule went into effect increasing the maximum penalty for a serious violation to $12,741. The penalty for a willful or repeated violations increased to $124,709, and the increases were part of an effort to make sure that they went up along with the cost of living. According to OSHA, the most common type of health and safety violations since 2012 are nearly identical to data from previous years in the construction industry.Topping that list are violations related to fall safety equipment. Such violations accounted for 359 of 899 deaths that occurred in 2014, and they involve issues with guardrails, portable ladders and scaffolds. Another common violation relates to a lack of training when it comes to implementing fall protection strategies. Employers must confirm in writing [...]

Common dangers New York construction workers facejames2016-10-13T00:00:00+00:00

When doctors lie on the witness stand

New York residents who are ill or injured and go to see their doctors or other health care professionals expect that the practitioners will exhibit utmost care in treating them. Unfortunately, this is not always the case, and in some instances a doctor's error can lead to the filing of a medical malpractice lawsuit. At trial, it is customary for both the plaintiff and defendant to call upon medical experts as witnesses.As is the case in any type of trial, witnesses are sworn to tell the truth. A retired surgeon has told a contrary story, however. He has indicated that about 20 years ago in a medical malpractice trial brought against one of his colleagues, he lied to protect the other doctor's reputation. The jury subsequently ruled in favor of [...]

When doctors lie on the witness standjames2016-10-07T00:00:00+00:00

Attempted shoplifting leads to criminal charges

When people are accused of a crime, they frequently face a large variety of criminal charges. Police and prosecutors may try to throw the book at" people who have been suspected of criminal behavior and hope that something sticks. This can be challenging for the individuals who are facing these situations. They may be overwhelmedA group of individuals in New York are facing a variety of criminal charges following a recent incident. According to the allegations, police were called after a man left a local store with suspected shoplifted goods. As the man was running from the store, some of the bags he was carrying broke, scattering the goods in the store's parking lot. The rest of the goods were apparently delivered to a car waiting nearby.Police eventually caught up [...]

Attempted shoplifting leads to criminal chargesjames2016-10-06T00:00:00+00:00

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