A Practical Look at Breaking Bad

Posted by on Jun 26, 2018 in Criminal Defense | 0 comments

There was nothing quite like turning on the TV Sunday night to watch a new episode of Breaking Bad. For those who don’t know, Breaking Bad was a TV drama about how a high school chemistry teacher, Walter White, got caught up in the drug business. In the pilot episode, Walter White gets diagnosed with a serious form of cancer. To pay for the expensive medical bills, White resorts to producing crystal methamphetamine to make some quick cash.

Not only does he do this to pay the medical bills, but he does not think he will live much longer given the severity of his cancer, so he does not quite fully consider the criminal repercussions of his actions. Coincidentally, White’s brother-in-law, Hank Schrader, is the Assistant Special Agent in Charge of the local federal office of the Drug Enforcement Agency. One of the themes of the show is that Schrader is constantly on the lookout for an individual producing a particular strain of crystal methamphetamine. Little does he know that his individual, Walter White, was right under his nose the entire time.

Unfortunately, the show ended years ago. The series finale was excellent (I will not give any details – you will have to watch for yourselves.). You can watch the entire series on Netflix for those interested. I myself have gone back and watched the entire series multiple times. The last time I finished the series, I thought to myself, “what if Schrader caught Walter White? What would the criminal charges have looked like?” I came across an article that succinctly explained a range of different crimes that Walter White could have been charged with violating.

The most obvious charge White could have received would have been a charge for drug manufacturing and delivery. Certainly, this makes sense, as White was the “cook” for most methamphetamine operations in the Albuquerque, New Mexico region. In fact, at one point, White was clothed only in tighty whities producing methamphetamine in a used RV in the middle of the desert. According to the article I read, if White was charged with drug manufacturing, he could have received a life sentence in prison. That certainly would have made the show less interesting!

Of course, had White been caught, the show would have devolved into a Law and Order episode with attorney Saul Goodman leading the charge to acquit him. I’m not complaining, though, because Goodman is one of the most interesting characters on the entire show. In fact, he’s so interesting that he is now at the center of an ongoing television series called Better Call Saul that airs on AMC. Earlier seasons are up on Netflix, and I would highly recommend this show to anyone looking for a humorous show centered around the criminal justice system.

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Alcohol Impairment, a Major Cause of Fatal Road Crashes

Posted by on Jun 20, 2017 in Personal Injury | 0 comments

According to the Centers for Disease Control and Prevention (CDC), in 2012, more than 29 million people admitted that they were, at various times, alcohol-impaired while they drove their vehicle. In 2013, an estimated 1.2 million drivers were arrested and charged with driving under the influence or DUI, a serious traffic violation in all U.S. states.

According to the National Highway Safety Traffic Administration (NHTSA), about five million motor vehicle accidents occur every year. More than two million of these accidents result to injuries, while about 10,000 are fatal. In 2013 and 2014 particularly, the numbers of deaths were 10,076 and 9,967, respectively.

The CDC also states that 31% (almost one-third) of all fatal motor vehicle accidents in the U.S. involve an alcohol-impaired driver. To some drivers, alcohol-impairment occurs even after consuming two regular bottles of beer – this will result to a 0.02% blood alcohol concentration (BAC) level. The probable effects of a 0.02% BAC on a driver can include reduced visual functions and decline in ability to perform two tasks simultaneously. At 0.05% BAC level, probable effects can include reduced coordination, reduced ability to respond to emergency driving situations, and impaired judgment and lowered alertness. A 0.08% BAC level, which is the limit determined for drivers of passenger vehicles (cars, SUVs, pick-ups), can result to poor muscle coordination, and impaired judgment, self-control, reasoning, and memory; detecting danger also becomes harder.

Time and again, it has been proven that alcohol weakens an individual’s motor skills and mental capacity, rendering him/her less able to control his/her vehicle. This lesser ability means higher risk of accident which may injure or kill someone else – the basic reason why drunk driving is considered a major traffic offense. But what is really maddening about drunk driving, especially those that lead to accidents, is that these are totally preventable occurrences.

It is hard to find a greater indication of negligence than driving under the influence of drugs and alcohol. Countless fatalities have been caused by drunken drivers, warranting a state-wide implied consent law. Luckily, this hard chemical evidence in drunk driving cases has been instrumental in helping juries and prosecutors prove beyond a reasonable doubt whether or not a person was driving while intoxicated.

Drunk driving attorneys understand how painful and infuriating it is to be a victim of a drunk driver’s negligence. These accidents are often life-altering and take a large physical and emotional toll on injured parties. With legal assistance from seasoned car accident or personal injury lawyers, victims may be able to mount a case that will hold the appropriate party responsible for the injuries they have caused. Medical bills, property damage, and unearned wages can unjustly send victims into financial ruin during their recovery time. Fighting for restitution for your losses, therefor, so you can properly heal from this accident free of financial burden, may be necessary.

 

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Why Defective Seatbelts are Dangerous

Posted by on Jun 7, 2017 in Personal Injury | 0 comments

Your seatbelt can be the difference between life and death, and that is why it is one of the most important vehicle parts that need to function well. But sadly, not all seatbelts do well in the only job they are required to do. In fact, some are just outright defective and unusable.
It is a good thing that the website of these Chicago personal injury lawyers acknowledges this as a legitimate legal matter. According to it, those who have been hurt because of a dangerous product, may it be a seatbelt or not, may pursue legal action to make the product’s maker accountable.
In the case of seatbelts, that product maker is most likely the car manufacturer itself. The fact that these manufacturers can be legally liable for their error or negligence is a good way to avoid seatbelt defects that may come from manufacturing, such as the use of poor materials or incompetent manufacturing techniques.

Dangers

But what exactly are these defects, and how dangerous can they be? Most of these defects are regarding the seatbelt’s restraining power, such as the following:

  • Inadequate Latching – Seatbelts should properly latch to ensure that they can actually restrain drivers when an accident occurs. Many seatbelts that latch inadequately result into drivers getting ejected or hitting hard objects inside the vehicle.
  • Loose Restraining – Even if the seatbelts can restrain you through adequate latching, you may still be vulnerable to injuries if the restrain is too loose. You still have a chance to be ejected or crash into a hard surface inside your car.
  • Strict Restraining – The way you are restrained should not be too loose or too tight. If you are too strictly restrained, you may damage your chest area, especially your ribs, if an accident occurs, not to mention that an accident may be more likely to occur because the tight seatbelt can prevent you from moving properly.
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Defective Machinery and Equipment

Posted by on Feb 22, 2017 in Defective Machinery | 0 comments

Construction sites are dangerous workplaces because of hazardous conditions and the presence of high-powered tools, equipment, and machinery that may cause injury and death. Many construction site accidents occur because of defects on these construction materials. According to the website of Habush Habush & Rottier S.C. ®, you have legal options to pursue if you have been injured by a negligent construction equipment.

Defective handheld tools
Handheld tools can either be simple or relatively complex. Both simple and complex handheld tools are vulnerable to defects, putting construction workers or anybody else that operate them at risk of amputations, cuts, bruises, and perforations. Simple tools include hammers, saws, screwdrivers, and wrenches, while complex tools include nail guns and power drills.

Defective industrial equipment
Construction equipment can be a little more sophisticated than handheld tools, like those that require power such as table saws. The most common defects concerning industrial equipment involve the lack or improper use of shielding and other safety equipment, shut-off switches, electrical wiring, and the lack of warnings and safety instructions.

Defective construction machines
There are also machines and vehicles used in construction, such as forklifts, cranes, bulldozers, and trenchers. The most common defects concerning these machines involve design flaws that make them dangerous for their intended purpose, malfunctioning parts, and poor maintenance.

Finding liability
Defective construction equipment claims can be complicated, and they should be studied on a case to case basis to determine liability. The following are some of the parties that can be held liable for your injury:

  • Owner of the property who has failed to ensure the safety of the premises
  • Employer who has violated a safety regulation
  • Owner of the defective construction tool, equipment, or machine
  • Service company responsible for the maintenance of the defective construction tool, equipment, or machine
  • Manufacturer of the defective construction tool, equipment, or machine, or of their defective component
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Protecting Children from Dangerous and Defective Products

Posted by on Oct 4, 2016 in Dangerous Products | 0 comments

The U.S. Consumer Product Safety Commission regularly issues recalls for dozens of defective and dangerous products. Among the thousands recalled for the past year include different products for children. Several toys, clothes, car seats, play sets, and other items meant for childcare have been found by the commission as failing to meet safety standards imposed by government-issued safety nets.

It’s easy to imagine why screening products, especially those made for children, is important in helping avoid needless accidents and injuries. The need for regulating these products became most notably apparent in 1998, when 16-month old Danny Kaysar died after being suffocated underneath a defective crib that had collapsed over him. Thanks to the effort of his parents, the U.S. Congress recognized the need for stricter policies regarding the regulation of childcare products and toys, leading to the Consumer Product Safety Improvement Act of 2008.

Still, despite the government’s clear efforts to ensure the safety of children, there’s no way to guarantee that certain defective products won’t continue to slip through the cracks. When this happens, these dangerous products can cause a wide-range of injuries, some of which could be seriously debilitating and turn into a life-long battle. According to Clawson and Staubes, LLC: Injury Group, these injuries are caused by manufacturing defects that lead to a defective batch of an otherwise safe product, as well as improper design of a product that is fundamentally flawed from the outset.

It’s clear that product liability cases can be extremely concerning, especially if it involves toys and other products meant for childcare and child-rearing. Remember that you have the right to take action against the manufacturers of a harmful product that could potentially hurt your child. If you believe that your family has been affected dangerous and defective products, do not hesitate to contact a qualified legal professional for assistance in pursuing rightful compensation.

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