15 Feb

Not all peace officers are allowed to enforce the Transportation Code.

This Blog was brought to you by the San Antonio Traffic Ticket Attorney Gordon Slade

AUTHORITY OF ARRESTING OFFICER – Not all peace officers are allowed to enforce the Transportation Code.

Request For Evidence Of Authority
If a peace officer turns his emergency lights on, you are required to move over a lane or, if you cannot, you must slow down by 20 miles an hour. If
that happens and the lights are on a police cruiser and the officer does not pull around you, you must construe that the officer is using the emergency lights under Texas Transportation Code 545.421. However, if the officer is not authorized to enforce the Texas Transportation Code under Texas Administrative Code 4.14 or Texas Transportation Code 644, then what? traffic violation attorney

Official Oppression Then the officer is exerting, or purporting to exert an authority s/he does not specifically have. When I am forced to stop, I am arrested in my freedom of movement and seized in my person for the purpose of the United States and Texas Constitutions. If an officer makes such an arrest and lacks the specific authority to do so the officer had denied me in the full and free access to or enjoyment of a right and has done so in violation of Texas Penal Code Section 39.03 which is considered an act of official oppression and is designated a Class A Misdemeanor in the State of Texas.

Impersonating a Public Official
Since the officer lacked specific authority to enforce the Texas Transportation Code, the officer was impersonating a Police Officer. In Texas, there is a specific distinction between peace officers and police officers. A peace officer is authorized to enforce the provisions of the criminal laws of the State of Texas. A police officer is a person authorized to enforce the Texas Transportation Code. If an officer executes a “Terry” stop while lacking specific authority as a Police Officer in the State of Texas, the officer commits the act of Impersonating a Public Official in violation of Texas Penal Code 37.11 which is a felony in the State of Texas. While the officer may be a bona fide peace officer, at the time of the stop the officer was impersonating a police officer.

Aggravated Assault
Under the provisions of Texas Penal Code Section 22.02(b)(2), if a person commits the act of simple assault as defined by 22.01 Texas Penal Code and
does so while prominently displaying a deadly weapon, the person commits aggravated assault as defined by Texas Penal Code Section 22.02(b)(2)(a).

What We Are Asking For
The only thing we are asking for is the actual authority of the officer to enforce the Transportation Code. The requirements are very specific in law so this should not be difficult. It is not unreasonable to ask that an officer actually have the authority s/he purports to enforce.

A Little Song And Dance
When you file this document, the municipality is not going to want to give up their information. It is a human being thing. We are invading their turf
and they will not like it. This seems to motivate even honest public officials to bristle when we make these kinds of requests.

10 Jan

Form I-130 and the road to legal immigration

Form I-130 and the road to legal immigration

There are many benefits afforded to an individual who is born outside of the U.S. and decides to take steps to become a U.S. citizen. In addition to being able to legally live and work in the U.S., an individual who is granted permanent U.S. citizenship status is also allowed to sponsor relatives who wish to immigrate to and become U.S. permanent residents. More here @ immigration lawyers in San Antonio Tx

For anyone who wishes to immigrate to the U.S., it’s important to abide by the strict regulations and protocols established by the U.S. Citizenship and Immigration Services. This is especially crucial for individuals who are sponsored by a relative who is a U.S. citizen and who wish to also eventually become a permanent or naturalized U.S. citizen.

The process of legally immigrating to the U.S. can be a long, complicated and frustrating one. It may be wise, therefore to consult with an attorney who handles immigration matters and who can assist in ensuring that an individual’s application, forms, and required fees are completed, filed, and paid in a timely manner.

For an individual who has a spouse, parent, adult child, or sibling who is a U.S. citizen; he or she must agree to be a sponsor. A U.S. citizen who agrees to sponsor a relative who wishes to immigrate to the U.S. must be able to prove that he or she has the financial means to sponsor or support a relative until that relative is legally able to work in the U.S. A form known as an I-130 is the first step in the legal immigration process.

It’s important to note that the filing of a Form I-130 does not permit an individual to immediately immigrate to the U.S. Rather, an individual must wait until a request to legally immigrate and obtain a Green Card is granted. In cases where a relative is already legally in the U.S. at the time an I-130 is filed on his or her behalf, he or she can submit Form I-485 which is an application to register permanent residence or adjust status.

09 May

Workers Compensation – Personal Injury Lawyers

Workers Compensation

Despite the best actions of employers and employees, accidents on the job do happen. Whether an employee works behind a desk, drives behind a wheel, or stands behind a counter, things can go wrong and injuries can occur. Regardless of their nature, injuries and illnesses have financial, emotional, and personal costs – including lost wages, lost earning potential, and physical pain and suffering.

In the event of a job-related injury, laws are in place to protect workers’ rights. In every state but Texas, almost all employers are required by law to carry workers’ compensation insurance in order to cover medical expenses that result from work-related illnesses and injuries and to partially replace workers’ lost wages.construction law

This mandate incurs a large cost for employers.

A report from the National Academy of Social Insurance indicated that per year 131 million U.S. workers were covered by workers’ compensation insurance at a cost of $85 billion dollars to employers. If those numbers seem extreme, consider these numbers from the Bureau of Labor Statistics:

Nearly three million cases of non-fatal illness and injury were documented in the private sector in just one year, equal to a rate of 3.5 cases per every 100 full-time workers.
A key measure of the severity of injuries and illnesses is the median number of days away from work, which was eight days for that year, and virtually unchanged from the three previous years.
In just one year, nearly 4,700 workers died as a result of injuries sustained while at work – which translates to one worker dying every two hours from a job-related injury.
Highway incidents remain the most common cause of fatal occupational injuries, followed by falls, workplace homicides, and being struck by objects.
The private construction industry experienced the highest number of fatal occupational injuries (774), while the agriculture, forestry, fishing, and hunting industry had the highest fatal work injury rate (27.9 per 100,000 full-time equivalent workers).
Work-related injuries have consequences not only for the employee, but their loved ones as well. Family members are often forced to assume the role of breadwinner if an injured employee is unable to work, which can place an unwanted burden on everyone involved. In some situations, family members may have to become temporary caretakers for the injured worker, especially if their recovery involves multiple visits to the doctor and extensive rehabilitation. Accordingly, if family members have to leave jobs (or reduce their working hours) in order to care for injured loved ones, additional financial insecurity and subsequent stress can result. Such role reversals can have a tremendous emotional impact on both the injured worker and their family, which can hamper the recovery process.

Fortunately, workers’ compensation (commonly referred to as workman’s comp) benefits can cover many of the medical costs associated with work-related injuries, as well as provide a portion of the injured employee’s lost wages.

However, the rules, regulations, and documentation necessary to pursue a worker’s compensation claim are state-specific and can be difficult to understand. For example, an occupational illness or injury must be reported to the employer as soon as possible in order to file a claim; however, the timeframe for doing so varies between states. If an employee fails to report their injury within the designated time frame, they may be denied benefits. Additionally, employers have the right to dispute an employee’s injury claim, but the process for doing so involves complicated legal maneuvers and procedures. Such a situation can be overwhelming for an employee – especially one who is dealing with the physical and emotional ramifications of an injury – and can leave them at a sizable disadvantage.personal injury lawyers

For these reasons, an attorney with experience handling workers’ compensation cases can be a great asset to an individual who has suffered a work-related injury or illness. They can explain the complicated workers’ compensation laws that apply to an individual’s circumstances, and they can manage the cumbersome and time-sensitive paperwork that is required in order to file a claim. In addition, most attorneys who specialize in workers’ compensation will provide a free consultation, and if hired, most will work on a contingency basis.

Attorneys with experience in workers’ compensation can provide valuable peace of mind during the often difficult recovery period that follows a work-related injury. Their efforts can benefit the injured worker and their family, and secure appropriate compensation to aid in the recovery process.

02 Mar

Know What To Do After An Motorcycle Accident

Know What To Do After An Motorcycle Accident

1. What should I do if I have been injured in a motorcycle accident? 
You should immediately contact the police so that an investigation can be done. You should also obtain the name and addresses and insurance carriers of any vehicle owners involved in the accident

2. Is there a time limit in which I need to file a lawsuit in this type of case? 
In most personal injury cases, a lawsuit must be brought within two years of the date of the accident. An attorney will let you know the specific time limit in your home state. 
motorcycle accident attorneys
3. What should I do if I have been injured? 
Even if your injury seems minor, be sure to report it to the police officer at the scene. A minor injury may become more significant later on. With most all injuries, you should seek prompt medical treatment and follow your doctor’s advice. 

4. Do I need an attorney?
If you, and your physicians, are not certain of the extent of your injuries and how they may impact your future, you should consult with an attorney. An experienced attorney will be able to evaluate your case and advise you of your legal rights. A delay in consulting with an attorney may negatively impact your case, so be sure to contact an attorney immediately following the accident.

5. Who can be held responsible for the injury or death of a motorcycle operator?
Any person who causes a motorcycle accident due to their wrongful or negligent conduct may be considered at fault and held responsible for the injury or death. Potential defendants may include other vehicle drivers, product manufacturers, owners of dangerous private or public property, repair shops, and any other person that contributed to the accident.

6. What if I was partially at fault for the accident?
A person can still sue, even if partially at fault, as long as they can prove that at least one other person also contributed to the accident. In a case such as this, however, your recovery may be reduced.

7. Is the investigation of the accident important?
It is critical. There is almost always a presumption that motorcyclists are responsible for accidents, so a thorough investigation must be performed to establish the fault of another. An investigation will include the examination of the scene and vehicles involved, and obtaining of statements from witnesses. Be sure that you do not move your motorcycle or helmet after the accident. It will be a major part of the investigation. 

8. Is it possible that my case will settle out of court? 
Yes. About 90 percent of motorcycle accident cases settle; however, they are generally more difficult to settle out of court than any motor vehicle cases, because insurance companies are more willing to try them in hopes that the public’s bias against motorcyclists will help them win the case or at least hold down the monetary awards.

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