Law Office of Bryan E. CameronLaw Office of Bryan E. Cameron2024-03-13T12:33:42Zhttps://www.lawofficecameron.com/feed/atom/WordPress/wp-content/uploads/sites/1503980/2020/02/cropped-512-32x32.pngOn Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480612024-01-29T05:41:37Z2024-01-29T05:41:37ZWhat is an advance medical directive?
This document is designed to outline future medical decisions in case of incapacitation. You should begin your advanced directive by clearly explaining your beliefs and personal preferences about specific medical treatments and end of life care. This provides a guide for you rloved ones to follow for making crucial medical decisions You should also state the conditions under which you want certain intervensions, such as pain management and life sustaining treatments.
Importance of advance directives
Estate planning and advance directives are vital for future healthcare and financial scenarios. Estate planning focuses on distributing and managing personal assets. An advance directive outlines an individual's choices regarding medical treatment. Attorneys, healthcare professionals, retiree organizations and hospice professionals recognize advance directives.
When filling out the advanced directive form, you must name a family member or close friend who'll speak on your behalf. Although this decision is not fun, it is essential. Advance directive plays very important roles, some of which include:
Minimizes stress
Gives your family peace of mind
Minimizes or resolves possible disputes among family members
It is advantageous to choose someone who shares your beliefs.
Creating advance directives
Advance directives must be in writing. There are different requirements for creating legal documents in every state. Some require a signature from a witness. Many organizations offer links to these documents, and lawyers are ready to help you.
Once you've created the document, review it with professionals to ensure you have captured everything. Keep the originals safe and give your doctor or health care agent a copy.
Planning for an unpleasant future is not easy. However, advance directives ensure your wishes come true when you cannot control matters yourself. This creates peace for both you and your family.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480592023-12-15T05:22:33Z2023-12-15T05:22:33ZWhat the walk-and-turn-test entails
The walk-and-turn test is a measure to determine DWI approved by the National Highway Transportation Safety Administration (NHTSA). As such, police officers must abide by strict rules when administering the instruction and performance stages. After providing the instructions, the police will ask if you understand. Next, you take the test requiring a driver to take nine heel-to-toe steps forward, turn around and take nine of the same steps back to the starting point. While walking, the officer will look for clues that indicate your blood alcohol content (BAC) may be above the legal limit. These include:
Difficulty balancing while listening to instruction
Starting the test too early
Stopping while walking
Failing to walk heel to toe
Using arms for balance
Stepping off the line
Turning incorrectly
Taking an incorrect number of steps
This test has a high rate of inaccuracy, with NHTSA indicating that only 66% are correct when administered according to guidelines. When not administered properly, the test calls into question other factors.
Challenging your field sobriety test
The stakes involved in a DWI case are high and range from economic difficulties to jail time. Defendants want to avoid a conviction at all costs. One way of getting the charge thrown out of court is improper administration of field sobriety tests. Officers should administer these tests according to instructions exactly. If not, the evidence could be thrown out of court.
Additionally, if the police stop you for drunk driving and you have a balance problem, are on medication that can affect your gait or have another factor that can skew test results, you may also challenge the charge. Keeping thorough records of any medical issues you may have can prove helpful in your defense.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480572023-10-20T02:36:40Z2023-10-19T02:35:24ZAdditional steps needed to manage your wishes
All couples, whether married or not, should draft the following essential estate planning documents to ensure their needs and wishes will be met:
• A last will and testament
• A living will with health care proxy for medical decisions
• A financial durable power of attorney
Most people know the importance of having a will, as it specifies wishes on how you want your property distributed. However, if you don't designate an individual for healthcare or financial decisions, the courts may do it for you, and the person appointed may not necessarily be the one you wish to speak for you. With a healthcare proxy, you can specify what life-saving measure you do or do not want, plus indicate who makes the decision. This document also ensures that your significant other will have access to you in the hospital during critical situations. Unmarried couples usually have separate bank accounts, so if you can't make financial decisions, your significant other has access to funds to pay your bills.
Establishing Essential Estate Documents
These documents are necessary for end-of-life matters and smooth estate administration after your passing. If you want to leave assets to your partner, you should carefully consider which will make the most sense from a family standpoint if you have children and for tax implications. For example, the federal government taxes retirement accounts differently when left to spouses than for unmarried partners.
Speaking with family members about your wishes is also wise. Explain what you're doing and how you are doing it so your family won't be surprised and minimize any hard feelings that may arise. Remember that your wishes are paramount in all estate matters, from directives to designated beneficiaries.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480562023-10-16T17:00:25Z2023-10-16T17:00:25ZUnderstanding breath tests
Police officers often pull drivers over when they suspect them of driving while intoxicated (DWI) and ask them to submit to a breathalyzer test. This is a device that requires the individual to blow into so that it can measure the level of alcohol in their breath and produce a blood alcohol concentration (BAC) amount. If a driver agrees to the test and their BAC is determined to be 0.08% or higher, they can be arrested and charged with DUI or DWI.
Refusing a breath test
In some cases, a person may choose to refuse to submit to a breath test. Although it’s your right to do so, there are consequences you can face in that situation. New York has implied consent laws, which mean that if you hold a driver’s license and drive on the state’s roads, you acknowledge that you will submit to breath tests if a police officer has reason to believe you’re intoxicated or impaired. Taking a breath test is considered a condition of driving in the state.
If you refuse to take a breath test, it’s considered a civil offense, which means you could be fined $500. However, if you've had a prior DWI within the past five years, the fine is elevated to $750. Your driver’s license is revoked for a year for a first offense or for at least 18 months if you have a prior DWI within the past five years. A reinstatement fee is $100 and a driver responsibility assessment fee is $250 per year for three years.
You can also face other consequences; your daily life could be impacted by a DWI charge.
No one expects to be pulled over by the police and asked to take a breathalyzer. If you know you’re not intoxicated, it’s in your best interest to submit.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480542023-08-15T21:38:12Z2023-08-15T21:38:12ZWhy an upgrade may occur
You may be charged with felony DWI if your blood alcohol content (BAC) was extremely high. The legal limit in the state is .08%, and generally speaking, anything above .15% will be considered to be extremely high. At this point, you have limited control over your thoughts and actions, which can significantly increase your risk of getting into an accident. Your case may also be treated as a felony if you drove drunk while a child was in your car or if you caused extensive property damage.
First-time offenders can be charged with a felony
Even if you don't have a prior record of drunk or impaired driving, you could still be charged with a felony DWI. However, as a first-time offender, you may have a greater chance of pleading the case down to a misdemeanor. Furthermore, you may also be afforded the opportunity to go to rehab. If you complete a rehab program successfully, the charge against you may be dropped.
Don't forget about implied consent
Refusing to take a chemical test may result in a driver's license suspension, a fine and other penalties. These penalties may be enforced even if you are cleared of the DWI charge. Furthermore, the fact that you refused to take a blood or Breathalyzer test can be used as evidence in your drunk driving case.
Casting doubt on the results of a chemical test might make it possible to obtain a favorable outcome in your case. Additionally, challenging the legitimacy of the traffic stop that led to a criminal charge may also help you obtain an acquittal or plea deal.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480522023-07-19T02:38:07Z2023-07-19T02:38:07ZDecide in advance what you need
Real estate deals are a lot simpler to make when you have a clear idea of what you want and need. To begin with, you need to know the precise extent of your budget. You also need to know what equipment to stock your space with. It also helps to clearly understand what kind of goods you will be selling.
Does the kind of business you are setting up require outside parking? Will you need to install dressing rooms or other conveniences? These are matters whose answers will define the kind of space you need. There is also the question of what location you should choose. Should it be part of a shopping center or mall or completely detached?
Don't take the first deal they offer
The formula for leasing real estate for commercial purposes isn't as complex as it may seem. One of the biggest mistakes you can make is to take the first deal offered. Landlords lead with the highest amount they think they can get. But the key to getting a good deal is to negotiate. Feel free to do so until they hit on a price right for you.
Ask for a lower early termination fee
Suppose your business fails and you need to move out? What if it succeeds, and your present space becomes too small? In either case, you'll have to end the lease. To do so, you will need to negotiate an early termination fee. The lowest possible fee should be agreed upon before signing your agreement.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480462023-06-16T07:15:12Z2023-06-16T07:15:12ZWhy do you need an estate plan?
Proper estate planning is particularly crucial if you have young children that will require care if you should pass away. This will be your main opportunity to have a say in who will care for them if you are deceased or disabled. It will also give you a chance to decide how and when your assets will be distributed to them.
Your first step should be to choose a person who will serve as legal guardian for your children. Your top choice should be supplemented by others who can step in if your primary caretaker should pass away. The caretaker that you appoint will be responsible for their health and safety. They will also oversee all your children's legal needs.
The person that you choose for this role should be someone who has values similar to yours. If you nominate a married couple, you should also include instructions on what should happen if they divorce. Other considerations may include their age, level of income and where they reside.
How can you distribute your assets?
Creating an estate plan should be a high priority for anyone who becomes a new parent. Several methods can be employed. You can do so using the outright method. This means that your children receive everything when you pass away.
Your children may still be very young or not quite at a mature age. In this case, you can consider a Uniform Transfers to Minors Act (UTMA). This will enable them to receive your assets when they reach a mature age, usually set at 25. The guardian that you choose will manage the assets in the meantime.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480442023-04-27T03:21:07Z2023-04-27T03:21:07ZRegulatory changes are coming
Legislation passed in 2021 includes a requirement for all new passenger cars to come equipped with tools that prevent impaired drivers from operating them. There are several tools that are being developed to meet this goal such as a passive breathalyzer system that analyzes a driver's breath in real-time. Instead of blowing into a tube, the tool can estimate a motorist's blood alcohol level from wherever that person exhales. Other tools may be able to stop a vehicle that has already been started if they detect signs of impaired or erratic driving.
Regulatory changes were needed
Tools aimed at preventing drunk driving have long been ignored by consumers looking to minimize the final cost of their new vehicles. Therefore, they are rarely included in options packages that consumers can choose from. As they add to the cost of a car, it's unlikely that they would be added as standard features for competitive reasons.
You may be required to use an IID
If you are convicted of DWI, you may be required to use an ignition interlock device (IID) as a condition of getting your license back. Such a tool works by preventing your car from starting if there is any alcohol in your breath. You may also be required to blow into the machine at regular intervals while driving.
In addition to jail time and a fine, you may lose your license if convicted of a DWI. This may impact your ability to find a job or retain your current employment. A conviction may also impede your ability to buy a home or complete your college education.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480432023-04-17T15:43:59Z2023-04-17T15:43:59ZReview and update your will
If you have remarried, you will need to review and update your will to reflect your new marital status. Your will should name your new spouse as a beneficiary and specify how your assets will be distributed between your spouse and any children from a previous marriage or relationship. You may also need to update the executor of your will and any guardianship provisions for children.
Consider a prenuptial or postnuptial agreement
If you have significant assets or own a business, you may want to consider a prenuptial or postnuptial agreement. These agreements can protect both you and your spouse in the event of a divorce or separation.
Review and update beneficiary designations
Many assets, such as life insurance policies, retirement accounts and bank accounts, allow you to name a beneficiary. It's critical to review and update these beneficiary designations after remarrying to ensure that your assets are distributed according to your wishes. You may want to name your new spouse as a beneficiary, as well as any children from a previous marriage or relationship.
Consider setting up a trust
Trusts can be useful for protecting assets, reducing taxes and providing for your chosen beneficiaries. If you have significant assets or want to provide for children, a trust may be an appropriate estate planning tool for you and your spouse.
Update your healthcare documents
Update your healthcare power of attorney, which designates someone to make medical decisions on your behalf if you become incapacitated, and your living will, which outlines your end-of-life wishes. You may want to name your new spouse as your attorney-in-fact.
Being proactive about the future
Remarrying can bring changes to your life, but it's important to ensure that your estate plan reflects your wishes and safeguards your loved ones. By reviewing and updating these documents, you can protect your assets and ensure that your family and other loved ones respect your wishes in the event of your death or incapacity.]]>On Behalf of Law Office of Bryan E. Cameronhttps://www.lawofficecameron.com/?p=480362023-02-16T20:26:32Z2023-02-16T20:26:32ZWhat is nystagmus?
Nystagmus is an involuntary movement of the eyes, where the eyes move back and forth or up and down repeatedly. There are many different types of nystagmus, and it can be caused by various factors such as neurological conditions, brain damage or certain medications.
However, in the case of the HGN test, the type of nystagmus that is being observed is called "alcohol-induced nystagmus." This is a type of nystagmus that occurs as a result of alcohol consumption and is a common sign of a DUI.
How the HGN test is conducted
During the HGN test, the officer will ask the driver to follow a stimulus with their eyes, such as a pen or a small flashlight. The stimulus is moved from side to side in front of the driver's face, and the officer observes the driver's eyes for any signs of nystagmus.
There are three different types of nystagmus that the officer will look for during the HGN test:
The officer will look for any jerky or uncontrolled eye movements as the driver follows the stimulus, jerky or uncontrolled eye movements when the driver's eyes are looking as far to the side as possible and any uncontrolled eye movements when the driver's eyes are looking to the side before they reach a 45-degree angle.
If the officer observes any of these three types of nystagmus, it is considered a sign of impairment and may be used as evidence against the driver in court.
Limitations of the HGN test
While the HGN test is considered to be reliable and accurate, it is not foolproof. Several factors can affect the results of the test, including some medications, medical conditions and environmental factors such as flashing lights or uneven terrain.
Furthermore, some people may naturally have nystagmus or other eye conditions that could affect the results of the test. Therefore, officers need to be properly trained in administering the test and interpreting the results.]]>