From http://dui.drivinglaws.org
In California, if you get pulled over for a DUI (driving under the influence) and the officer asks you to take a blood, breath, or urine test, do you have to take one? What happens if you refuse?
Implied Consent
California law requires you to take a breath or blood test if you are arrested for a DUI. California’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The test must be taken at the time of your arrest, and the officer should give you the choice between a blood or breath test. If neither blood nor breath tests are available, then you have to take a urine test. The law also gives a special exemption for people taking anticoagulants for a heart condition or who have hemophilia – they don’t have to take the blood test.
Additionally, California’s implied consent law says that you consent to taking a preliminary breath test, even if you have not been arrested. This works like a field sobriety test. The officer will use the results to establish probable cause that you were driving under the influence. You do not have to take this preliminary test, and the officer should say so. Refusing it, however, probably won’t work in your favor if the officer has some other reason to think you had been drinking. Based on that other reason, the officer could still arrest you and then you will be required to take a test under the law described in the paragraph above.
If you are arrested, the officer should tell you that if you refuse to take the test, you will be fined, will lose your license, and that you could be sent to jail if you are later convicted of a DUI. Also, the officer shall advise you that you don’t have the right to speak to an attorney about whether you should take the test and in fact your refusal can be used against you in a court of law. You can read California’s implied consent law in the California Vehicle Code Section 23612.
Refusing to Take the Test
In California, the penalties for refusing to take a blood, breath, or urine test begin with a one-year suspension of your license. You could lose your license for two years if this is your second refusal or if you already had a reckless-driving or DUI conviction within the last ten years. The penalty jumps to a three-year suspension for your third refusal or if you have had more than one reckless-driving or DUI conviction within ten years. The fine is the same – $125 – whether this is your first, second, or third refusal.
The penalties for refusing to submit to a chemical test are found in the California Vehicle Code Sections 13353 and 14905/
Scurich Insurance can help you with keeping costs down after a DUI.
Scurich Insurance
320 East Lake Avenue, PO Box 1170
Watsonville, CA 95077-1170
Office: 1-831-722-3541
Toll Free: 1-800-320-3666
Email:[email protected]
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Scurich Insurance
320 East Lake Avenue, PO Box 1170
Watsonville, CA 95077-1170
Office: 1-831-722-3541
Toll Free: 1-800-320-3666
Email:[email protected]
Read more
While shopping for Health insurance in CA, consumers everywhere should beware of disguised benefit plans. They are often called limited medical benefits or mini-med plans. Although they appear to offer comprehensive coverage, these plans actually might provide very inadequate compensation in the event of illness or injury.
The benefits provided by these plans are not nearly the same as major medical insurance or comprehensive health coverage. Mini-med plans and limited medical benefit insurance policies are usually advertised as inexpensive alternatives to major medical plans. The level of coverage offered by both options can be very low. With major medical plans, there are limits placed on how much a consumer must pay for specific treatments or incidents. However, there are no limits with mini-med plans. In addition to this, there is a cap amount allowed each year. Plan members are responsible for any expenses incurred beyond that amount.
Since health plans with limited benefits come in many forms, consumers must be careful while comparing options. If an individual signs for one of these plans experiences a major illness or injury, inadequate benefits can put that consumer in a difficult financial situation. While the benefits of these plans are not comparable to comprehensive coverage, they are often advertised as such. The following are signs of a limited plan or mini-med plan:
- There are annual limits for what the policy covers.
- The plans require association memberships.
- They are often described as innovative or cost effective.
- The premium offers are only available during the period of open enrollment.
- There are no pre-existing condition exclusions.
- Pharmacy and medical discount cards are often sold as insurance.
- The companies usually make unsolicited calls or send frequent emails.
When shopping for Medical insurance in CA, consumers should always ask questions. It is important to know exactly what a plan offers before agreeing to the terms. To avoid the costly effects of signing up for an inadequate plan, be sure to ask an agent for the following information:
- A detailed explanation of all benefits, exclusions and limits.
- The full address and name of the insurance company’s underwriter.
- A detailed outline of coverage provisions.
- The agent’s full name, address and National Producer Number. Agents should be licensed in the states they operate in.
- An explanation of what percentage of the monthly payment goes toward the premium and how much goes toward other fees.
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Thanks to the widespread popularity of social network sites like Facebook, MySpace, Twitter, and LinkedIn, it’s easier than ever to find personal information about an individual. There’s little hesitation or forethought as users of these sites post everything from their vacation schedules and photos to the most mundane and taboo details of their personal lives. Such information might be intended for the user’s friends and family, but, in many cases, anyone with access to the Internet can see it if they’re looking.
The information an employer can uncover about an existing or potential employee from a simple Google search is often far more detailed and reflective of real life than a job application, resume, and interview combined. On the good side, an employer might find positive articles written by or about an applicant, marks from professional peers, and volunteerism efforts. However, on the bad side, an employer might find unappealing, profane language; graphic videos or pictures; derogatory comments about an employer; or text that clearly shows an unscrupulous demeanor. Good or bad, many of these finding will directly influence an employer’s decision to hire or pass.
Although a quick Google search of a job applicant can be extremely revealing, many employers still wonder if it’s wise for them to conduct one.
One complication would be an employer discovering information that would bias and complicate their hiring decision. Let’s say an employer does an Internet search on a female applicant, discovers that she has several children, and therefore decides not to hire her because her status as a mother might interfere with her ability to put in extra hours at work. If the applicant was to discover that the search was done by the employer and decide to pursue legal action for discrimination, then the employer could be burdened with proving his hiring decision wasn’t based on the applicant’s status as a mother.
Another complication would be an employer using an applicant’s off-duty, legal activities as a basis for discrimination. Let’s say an employer does a search, finds that a male applicant is involved with a political or social cause they don’t necessarily agree with, and therefore doesn’t hire him. Many states actually have laws prohibiting such employer discrimination, meaning an employer can’t legally deny an applicant a position based on political or social views that aren’t relevant to his/her work duties and only take place during off-duty hours. There must be a legitimate business reason for the hiring decision.
Federal law requires employers to make a disclosure if they use an applicant’s credit history to take adverse actions, and some state laws are similarly requiring employers to disclose any adverse information they find in public records about an applicant. Such disclosures are certainly a costly inconvenience to employers. There’s also a question of just how reliable the information is since the information could be pertaining to a different person with the exact same first name and surname as the applicant. Furthermore, it doesn’t take 30 minutes for a begrudged or vindictive individual to create a web page to discredit another individual by passing off false, misleading, or distorted information as fact.
The above points certainly show a liability risk for employers doing Internet searches. However, there’s also a risk in not thoroughly researching potential employees. Let’s say an employer fails to do an Internet search on an employer that later commits a workplace crime. Had the search been done, the employer would’ve found that the employee had a violent past and criminal inclinations. In such a scenario, the employer could face a lawsuit from the employee’s victims for not conducting a thorough evaluation.
When it comes to hiring, the best approach in making an informed, legal business decision is usually to not use one or the other, but rather combine public Internet information with reference checks, interview processes, applications, aptitude testing, and any other credible source of information. Remember, the Internet can be an invaluable hiring tool, but only if used wisely.
For all your Business Insurance in CA, call on us.
Scurich Insurance
320 East Lake Avenue, PO Box 1170
Watsonville, CA 95077-1170
Office: 1-831-722-3541
Toll Free: 1-800-320-3666
http://www.scurichinsurance.com/
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Scurich Insurance Services, located in Northern California, has been serving the Monterey Bay Area since 1924.
There are many things that can affect your Auto Insurance Policy, here are a few that you may not know:
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The type of car you drive affects your insurance rates, small sporty cars are going to be much more expensive than mid sized cars with many safety features.
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Comprehensive coverage is not the same as complete coverage, comprehensive coverage only means that your auto is covered in scenarios other than collisions such as vandalism, fire damage, theft, etc.
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It is possible to ask your insurance company for discounts, most companies offer various discounts such as safe driver, and student discounts among others.
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Never let your insurance policy lapse, driving without insurance will wind up being very costly and will affect you getting insurance with another company in the future.
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Pay semi-annually instead of monthly if possible, many companies will give you a discount if you are able to pay for your insurance six months at a time as opposed to monthly and this could ultimately save you a great deal of money.
If you’re looking for better service, lower prices or just need a change, we are easy to find.
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Start Here to complete our simple Request Form and a representative will respond within 24 hours.
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Sincerely,
Scurich Insurance
320 East Lake Avenue, PO Box 1170
Watsonville, CA 95077-1170
Office: 1-831-722-3541
Toll Free: 1-800-320-3666
http://www.scurichinsurance.com/
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Here are more crazy insurance claims we found online!
From www.bloginsure.com
9/10/2010 by Miranda Marquit
“4. Broken nose as a result of ogling women Greece is known as a popular tourist destination. It is also known for beautiful women wearing very little in the heat. While vacationing in Athens, one man couldn’t keep his eyes where he was walking. As he ogled a group of women wearing bikinis, he walked straight into a bus stop shelter. He hit so hard that his nose was broken. The man went to the hospital to have it looked at, and his insurance company picked up the tab.
5. Stressed out due to shooting a monkey Law enforcement jobs are unquestionably stressful, especially considering the strange and often violent situations cops find themselves in. Officer Frank Chiafari, however, found out some emotional duress claims can be considered too far-fetched. In 2009, Chiafari arrived at the scene of a brutal attack by a chimpanzee that left one person seriously injured. He shot the chimp when it tried to enter his police car. Chiafari filed a workers compensation insurance claim for stress the situation caused him, but the city decided that, because it was a chimp and not a human who was shot, Chiafari was not eligible.
6. A bunch of monkeys robbed me When visiting Asia, it’s common to encounter monkeys. They can be playful, but also mischievous. A couple in Malaysia found out the hard way. After heading out on an excursion, the couple returned to the hotel to find their clothes missing, and their room a shambles. A brief investigation uncovered that a bunch of monkeys broke into the hotel room through an open room window and stole the clothes. They scattered them through a nearby rainforest. Lucky for the couple that they had travel insurance – which covered the cost of the clothes.
7. A case of road rash A man allowed his girlfriend ride his motorcycle, which she crashed. However, he was worried that, since he wasn’t driving the bike at the time, the claim would not be paid out. So he told his insurance company that he was driving. But to make it look real, he asked his friend to drag him behind a truck in order to produce a realistic case of road rash. Then, with his evidence on his body, he filed his claim. Unfortunately for him, his girlfriend had already told the police that she had been driving the motorcycle when it crashed. Ouch!”
Do you have any stories to share? Tell us….
Scurich Insurance
320 East Lake Avenue, PO Box 1170
Watsonville, CA 95077-1170
Office: 1-831-722-3541
Toll Free: 1-800-320-3666
Email:[email protected]
Read more
