Recent Blog Posts

NEGOTIATING AN AUTO ACCIDENT SETTLEMENT

Scott Hughes — Thu, 10 May 2012 15:35:00 GMT

Negotiating an auto accident settlement with an auto insurance company is very common because each year approximately 2 million Americans are injured in automobile accidents of which 20,000 accidents are fatal. California is a fault liability state which means that your insurer is unlikely to provide coverage for your injuries and property losses. You may have to make a claim against the driver who caused your accident and/or recover compensation from his or her insurance carrier.

After an accident, it is important to seek medical attention and document all out of pocket expenses relating to medical treatment, lost wages, towing charges, car repairs, car rental, evidence of pain and suffering etc. All documentation relating to the accident such as the police report, witness statements and photos must also be preserved. The other party's insurance company will try to negotiate a settlement with you. A settlement means resolution of a personal injury claim by agreement and not by adjudication in court. Out-of-court car accident settlements are common as litigating in court is time consuming, expensive and unpredictable. An automobile accident settlement may be reached any time before or during trial.

Generally, the adjustor for the insurance company will use pressure tactics aimed at getting you to accept an amount of money that is barely sufficient to cover your medical expenses and losses. It is therefore advisable to have an experienced attorney by your side when negotiating a fair auto accident settlement. During negotiations your lawyer is likely to reject the first offer made by the adjustor for the insurance company and make a counter offer. In determining a settlement amount all expenses incurred by you including attorney fees and costs must be taken into account. Your lawyer will negotiate back and forth with the adjuster before an acceptable settlement amount is finalized. If the situation demands he will not hesitate to negotiate with supervisors in the insurance company's hierarchy. Your lawyer may request alternate dispute resolution like mediation or arbitration to resolve the dispute. You may also file a complaint with the Department of Insurance if you feel that the insurer is not negotiating in good faith. The amount of settlement will depend on factors like extent of injury, property loss, lost wages and documentation of expenses. Factors such as seriousness of the injury, facial disfiguration, need for complicated medical treatments, and loss of earning ability can lead to bigger settlement amounts in lieu of pain and suffering. Upon arriving at an acceptable settlement you will be asked to sign a Release which waives your right to make further claims arising from the same accident. In case settlement negotiations fail because the parties disagree on the apportionment of fault or on the quantum of compensation, the case may be referred to the local courts.

You need an attorney like Scott D. Hughes, who is a hard negotiator, has expert knowledge of the applicable laws, has experience dealing with insurance adjusters and is not intimidated by the pressure or delay tactics employed by them. If you wish to get the auto accident settlement you deserve contact Law office of Scott D. Hughes today!

Scott Hughes is a personal injury lawyer handling auto accident claims in California.

Defending Professional Licenses in California

Scott Hughes — Mon, 07 May 2012 16:35:00 GMT

It is not uncommon for Professional license holders to have to deal with professional licensing authorities at least once during their careers. A qualified individual may be denied a license to practice or a Professional license holder may be faced with disciplinary proceedings alleging professional misconduct. At the Law Office of Scott D. Hughes, we are committed to helping Professionals deal with situations involving denial of license, disciplinary investigation, license revocation, suspension of a license, administrative trials, appealing professional board decisions etc. We defend professionals from all walks of life, including agents, brokers, accountants, medical professionals, contractors, mechanics, therapists, psychologists, counselors, barbers, liquor licenses, court reporters, engineer, surveyor, teachers, principals, contractors, social workers, as well as many others. We can help licensed professionals who are faced with administrative hearings involving denial of application for licensing, reconsideration of denial of license, appeal of denial of license, reinstatement of revoked license, disciplinary investigations, appeal against citations and fines, allegations or record of substance abuse, suspension, writs and appeals etc.

Typically, disciplinary action by a licensing agency in California, begins with the service of an 'Accusation' or 'Statement of Issues' on the Professional. The Professional must reply by filing a 'Notice of Defense' denying the allegations within 15 days or any other period mentioned in the accusation. Failure to file a Notice of Defense will result in a default decision and Order. It is important to file a Notice of defense to secure your right to defend and avoid revocation of license. Every professional licensing board has different rules and regulations relating to trial, evidence, mitigation and rehabilitation. A professional license defense attorney can help you deal with all the paperwork, discovery process, preparation of character evidence, formulating a defense etc. An experienced lawyer can help you make a persuasive showing of affirmative evidence, present good character and/or rehabilitation. The accusation is usually resolved by arriving at a mutual settlement or adjudication by a judge. The process may end in dismissal of the case, a public reprimand, a revocation of license, a surrender of license, a conditional license or an order of probation.

The Law Office of Scott D. Hughes is known for its reliability, success, skill, experience, integrity and personalized attention to each client. Scott D. Hughes has experience and expertise in defending professionals before several licensing agency in California. Scott D. Hughes will work to preserve your licensing privileges, limit your exposure to criminal proceedings and protect your privacy.

Scott Hughes is a professional license defense attorney in California.

Injured on Defective Exercise Equipment

Scott Hughes — Fri, 04 May 2012 17:35:00 GMT

Being injured on exercise equipment is quite common because Fitness and sports centers are very popular in Orange County and Los Angeles County. According to U.S. Consumer Product Safety Commission (CPSC), defective sports and exercise equipment cause injury to approximately 8,700 adults and 6,500 children each year. Manufacturing defects may cause fitness machines such as abdominal exercisers, treadmills, stationary bikes, rowing machines, glider machines, elliptical trainers, weightlifting machines, ski machine, inflatable fitness balls, workout benches, stair machines and other work out devices to malfunction without warning. Injury may be caused to a fitness equipment user due to gliding off of resistance pistons, equipment collapse due to faulty welding, explosion of fitness balls, overheating of equipment or shearing off of heavy weights. Other factors that result in a patron's injury are poorly written assembly instructions, improper safety warnings, removal of safety shut-offs, high resistance levels on machines, poor guidance by gym instructors and untrained gym staff.

Under federal law, fitness equipment manufacturers have a duty to immediately report any knowledge of defective products to the CPSC. In case of defectively designed equipment, manufacturers must conduct a national recall of all products sold by them to avoid any further injuries to users. Owners of fitness centers have a duty to comply with all legal safety standards and must employ personnel who are trained to detect and deter situations that may result in exercise equipment injuries. Exercise equipment injuries include falls, head injuries, amputation of fingers and toes, fractures, facial lacerations, bruises, burns, strains, sprains, back injury, muscle pull, heart problems through over exertion, and death.

If you have been seriously injured on your home fitness equipment or at a gym in Orange County or Los Angeles County, you should call the law office of personal injury attorney, Scott D. Hughes, immediately to get the compensation you deserve. It is important that you preserve the original packaging, purchase receipts, medical records, pictures of the defective product and picture of your injury. You may have to file a lawsuit alleging products liability and negligence against the manufacturer, seller, distributor and supplier of the machine and/or the gym owner and instructor claiming medical costs, rehabilitation expenses, lost wages, and compensation for any trauma and stress. Product liability covers injuries caused due to internal defects, faulty manufacturing, faulty design, and harmful packaging. The trial may require expert evidence from fitness safety experts, medical practitioners and product specialists. Call the Law Office of Scott D. Hughes today for a free consultation, to help understand your legal options.

Scott Hughes is a personal injury attorney in California.

CALIFORNIA DOG BITE CASES

Scott Hughes — Fri, 30 Mar 2012 18:51:00 GMT

According to a recent Press Enterprise news article dated March 14, 2012, Animal Control officers seized a Pit Bull dog in Cathedral City, California and euthanized it for rabies after it attacked a 3-year-old girl and bit her on the face. There was similar dog bite news from Riverside County, California dated February 1, 2012 that a 120-pound bull Mastiff dog escaped from its yard and attacked a 6-year-old boy and his mother as they walked past the dog's home in a Moreno Valley residential neighbourhood.

Center for Disease Control and Prevention reports that 50% of dog bites are committed by Pit Bulls, German Shephard, Mastiff, Akita or Chow, Doberman Pinchers and Bulldogs. Serious victims of animal attacks often require reconstructive surgery. In the United States, more than 4.5 million Americans are bitten by dogs each year and approximately 20% of the dog bite victims are admitted to US emergency departments and approximately 25% are seen in other doctor's offices each year.

Physical injuries resulting from dog bites may include abrasions, lacerations, fractured bones, sprain, permanent scars, punctures, tissue loss and avulsion besides serious infections like rabies, cellulites etc. In the most serious attacks, victims can be killed.

Under California dog bite law, a dog that bites is the absolute responsibility of its owner. § 3342 and § 3342.5 of the California Civil Code creates strict liability by imposing a duty of care on every dog owner to prevent his or her dog from biting anyone in a pubic place or lawfully in a private place so as to prevent dogs from becoming a hazard to the community. The law entails exceptions, for example, it does not apply if the person bitten was a trespasser on the dog's owner's property.

A dog attack victim can recover compensation from a person who violated a leash law or a law prohibiting dogs from "running at large," or a person who kept a dog with the knowledge that the dog had a history of injuring people, or a person whose negligence caused the attack. Damages usually are paid by the homeowner's insurance; renter's insurance; landlord's insurance; dog owner insurance; or, insurance covering employers and breeders, if they are responsible.

Damages in a dog bite lawsuit can include costs for hospitalization, plastic surgery, medical emergency room costs, psychological & emotional trauma treatment, pain & suffering, lost wages and loss of present and future earning capacity besides other claims

Attorney Scott D. Hughes is a fierce defender for his clients. The Law Offices of Scott D. Hughes have handled several dog bite and injury cases and have a sound reputation in the legal industry with the leading insurance companies. If you are a victim of an unfortunate incident of dog attack, or your dog has attacked an innocent person, please contact the Law Offices of Scott D. Hughes for your free consultation.

Scott Hughes is a personal injury attorney in Orange County, California.

DUI arrest & enhanced punishments for intoxicated adult driving children

Scott Hughes — Sat, 03 Mar 2012 15:10:00 GMT

Motor vehicle crashes are a major cause of death for ages 3 to 14. In 2009, 14 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed by drivers who were impaired by alcohol. Of the 181 children 0 to 14 years old who were killed in alcohol-impaired driving crashes during 2009, 51 percent of those killed were passengers in vehicles with drivers having a BAC level of .08 or higher. The death and injury figures for 2010 and 2011 are no less alarming.

California Vehicle Code 23572 adds additional punishment to a DUI sentence if the DUI offender has a child under the age of 14 in the vehicle at the time of the offense. In California, driving under the influence of alcohol or other drugs constitutes a criminal and an irresponsible act. Courts in California have ruled that this includes placing a child in a car with an intoxicated driver. Penal Code 273a also prohibits placing a child in a potentially dangerous situation without taking steps to protect the child or allowing a child to be placed in a dangerous situation.

If the facts and circumstances pertaining to the DUI are in flagrant violation of child endangerment provisions, prosecutors will charge the defendant with a DUI and Penal Code 273a, California's child endangerment law.

A child endangerment charge subjects an offender to up to six years imprisonment in California and this crime may be charged even when the child suffers no actual injury. Depending on the circumstances, this enhancement, can add between 48 hours to 90 days of additional jail time to the DUI sentence.

California Law also punishes acts of child endangerment that result in death or serious injuries of young victims by a term of 25 years of life sentence.

It is easy and unfortunately very common for innocent people to face prosecution under DUI & California child endangerment laws. Scott D. Hughes is a criminal defense attorney in Orange County, California practicing in State and Federal Court and is well conversant with all kinds of child endangerment case investigations, grounds of prosecutions and its defense.

Bicycling Under Influence of Alcohol or Drugs.

Scott Hughes — Tue, 28 Feb 2012 15:05:00 GMT

You may have a bad experience with a BUI road trap after party and a little too much "alcohol." The state police may stop you at a "highway" and question you if you are drunk. You cannot lie as the police can smell alcohol in your breath. The police may submit you to a chemical test to determine blood alcohol content (BAC) as in a DUI / DWI arrest. In case you are convicted for CUI, you can be fined up to $250 and even be jailed.

Each year in California, over one hundred people are killed and thousands more are injured in bicycle collisions. Please appreciate that bicyclists share a complex traffic environment with other larger forms of transportation. Safe bicycling involves more than wearing the proper safety equipment and learning the rules of the road.

California law defines bicycle as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears and having one or more wheels. Vehicle Code provisions specified in Sections 21200 and 21200.5 stipulate that every person riding a bicycle upon a street or highway has all the rights and is subject to all the duties applicable to the driver of a vehicle.

In a BUI arrest, the prosecutor must prove that the bicyclist was bicycling while under the influence of alcohol or drugs and that his bicycling was impaired to such an extent that he was not able to care for himself.

The costs and fine related to a BUI arrest are difficult to assess as the quantum varies with situation. This includes the cost of a lawyer, the bicycle impound fees, the cost of the BUI fine besides other legal hassles.

If you are arrested for a Bicycling under the influence charge, it will always be prudent to consult an experience lawyer near you to determine what laws will apply to you. If arrested, there are several ways to defend a BUI charge, one of which is to challenge whether you were in fact riding on a highway or a private roads. Another approach is to challenge the results of a chemical test. A California attorney with experience in fighting BUI cases can aggressively fight the charges and minimize the negative consequences.

Scott D. Hughes is a criminal defense attorney in Orange County, California practicing in State and Federal Court who represents clients accused of bicycling under influence of alcohol and drugs.

What happens to your drivers license after a DUI?

Scott Hughes — Sat, 25 Feb 2012 15:00:00 GMT

Drivers must know that a DUI conviction can impose fines, penalties, and impact your driving privileges.

If you are 21 or older and arrest you for a DUI, you may be charged primarily for driving under the influence of alcohol and also for a secondary charge of driving with a blood alcohol content (BAC) of 0.08 percent or higher. The secondary charge invokes the California Department of Motor Vehicles DUI Admin Per Se action, where the California DMV seeks to suspend the motorist's driving privileges.

Your first offense may lead to 6-month license suspension.
Your second or subsequent offense within 10 years may result in a 2-year license suspension.

When you are arrested for a DUI in California, the police take your license and give you a pink temporary driver's license.

The first thing you should do is to contact your Attorney immediately. The Law Offices of Scott D. Hughes can help you anytime, 24/7.

The police will forward a copy of the notice of suspension or revocation form along with your license and send a report to the DMV ("Department of Motor Vehicles").

Thereafter, DMV conducts an administrative review which includes an examination of the police's report, the suspension or revocation order, and any test results. The process does not pause here. In case DMV upholds the suspension or revocation during the administrative review, you will have the right to contest the suspension or revocation.

You can request an administrative hearing from the DMV within 10 days of your arrest. You need to plead that the suspension or revocation is not justified. If the authority is satisfied that there is no basis for the suspension or revocation, the action will be set aside.

You can have your driving license back on payment of a reissue fee to the DMV.

When you are issued an "Order of Suspension," don't hesitate to seek legal assistance. You may be able to obtain a restricted driver's license for work.

The Law Offices of Scott D. Hughes will arrange a "temporary license" for you and you can drive for 30 days from the date the order of suspension or revocation was issued. They can also arrange a restricted license for you. This will help you to go to and from work.

Scott D. Hughes is a DUI Attorney in Orange County, CA practicing in State and Federal Court.

Texting while Driving is more Dangerous than driving at a .08 BAC

Scott Hughes — Mon, 20 Feb 2012 14:50:00 GMT

Texting while driving has been illegal since July, 1, 2011 and is now one of the most dangerous things to do while driving, even more dangerous than drunk driving. Although no research has been published on this point yet, I am sure the data will substantiate my claims.

The purpose of this legislation is to compliment existing laws in the State of California and save lives. Governor Schwarzenegger after signing this bill stated that banning electronic text messaging while driving will keep drivers' hands on the wheel and their eyes on the road, "making roadways a safer place for all Californians."

According to state traffic safety office survey reports, the roadway perils on account of cell phone use and texting by drivers overtook accidents in 2010 on account of speeding and aggressive driving. In mid-September 2010, California Highway Police, ("CHP") is reported to have issued about 283,000 tickets for use of handheld cell phones and a total of 3,742 text messaging tickets.

As a step towards safe and responsible driving, the State uniformly bans all categories of motorists from using an electronic wireless communications device to write, send, or read a text-based communication while driving. This statutory prohibition further stringently precludes specified category of drivers, like bus drivers and novice drivers, from cell phoning either using handheld or hands-free cell phones while driving. The statue however, grants concessions to ordinary drivers in as much as they are allowed to use hands-free devices like speaker phone, wired headset, blue tooth wireless device and similar devices in lieu of handsets while driving a motor vehicle.

The ban stipulates that an infraction of this cell phone-texting legislation will be punishable with fine, $ 20 for the first offence and $ 50 dollars for each subsequent offence.

The pending 2011-2012 cell phone-texting legislations seek to hike fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. California Senate Bill 1475 if passed into law this year would also be applicable to bicyclists as well.

If you or someone you know has been injured in an accident due to the other person either texting and driving or talking on their cell phone without a hands-free device, contact Orange County Personal Injury Attorney Scott D. Hughes.

Scott Hughes is a personal injury attorney in Newport Beach, CA practicing in State and Federal Court.

Underage DUI Arrests in California

Scott Hughes — Fri, 17 Feb 2012 02:37:00 GMT

California's underage DUI laws are among the toughest in the nation. California has a zero tolerance law. The Blood Alcohol Concentration (BAC) limit is 0.01% for drivers under 21. This means teens cannot drink any alcohol and operate a motor vehicle. Thus anyone under 21 years of age with a Blood Alcohol Content (BAC) of 0.01% or greater will be charged with a DUI. A person may be arrested for a DUI after consuming one 12-ounce beer or one 4-ounce glass of wine or say, one 1.25-ounce shot of liquor. Underage drivers with a BAC of 0.05% or greater may be charged with both an underage DUI and an enhancement for having a high BAC.

You must be aware that California law provides that during the first year of holding a driver's license, drivers under the age of 18 must have a licensed driver older than 25 with them between the hours of 11 p.m. and 5 a.m. and at any time they transport passengers 20 years old and younger. The law requires a compulsory signed note for exceptions to the restrictions, which include medical or school reasons.

Underage DUIs like other DUIs are subject to two separate actions - the Department of Motor Vehicles, ("DMV") and the criminal court.

In case the police arrest a person under 21 who drives with any measurable amount of alcohol in his/her system, the minor will face license suspension or revocation for one to three years. In case the accused driver refuses to take a blood alcohol test or a sobriety test when asked by the police, his/her license will be suspended for one or more years.

The estimated costs for a first offense DUI offense in California can be several thousand dollars. This can include suspension of the offender's license for one year, fines up to approximately $1000, plus penalties and assessments which are over 250% of the base fine, jail, vehicle impound fee, booking fees, Attorney & Legal fees, DMV license reissuance fees, and many others. Other incidental costs may include medical costs, vehicle property damage and other appropriate expenses depending upon the facts and circumstances of the case. Subsequent offenses carry much harsher penalties.

Should you or someone you know be arrested for an underage DUI, please contact the Law Offices of Scott D. Hughes for free consultation to learn more about your child's legal rights.

Scott Hughes is an Orange County DUI Attorney located in Newport Beach, CA.

DUI Drug Arrests for Anti Depressants, Pain Killers, And Allergy Medications

Scott Hughes — Thu, 09 Feb 2012 23:53:00 GMT

Arrests for DUI for using prescription drugs are on the rise, especially in California. Any substance or combination of substances, other than alcohol, which is capable of affecting the nervous system, brain, or muscles of a person, is considered a "Drug".

Police and prosecutors have also been arresting people for driving under the influence of Marijuana despite the research that indicates impairment is only at very high levels of use.

Prescription Drugs and medications which effect the brain and central nervous system can alter cognition, perception, balance, coordination, attention, reaction time, and other faculties required for safe driving. The effects of specific drugs differ depending on their mechanisms of action, amount taken, the history of the user, and many other factors. Any chemical which has the effect of impairing your ability to safetly operate a vehicle on public road, under ordinary circumstances, may lead to your arrest for DUI Drugs.

If you are stopped and suspected of being under the influence of a prescription drug, the police will summon a drug recognition expert ("DRE") to the scene to evaluate your condition. Although Vehicle Code 23152 (a) applies to drugs, driving under the influence of drugs is prosecuted and defended just as vigorously as driving under the influence of alcohol. Hiring an experienced DUI lawyer can greatly increase your chances of winning your DUI Drug case in Court.

DUI Drug cases, generally, do not cause license suspension by the Department of Motor Vehicles, ("DMV") unless a person pleads guilty or is convited. Conviction in DUI Drug cases depends upon the extent of law enforcement's ability to demonstrate that the accused's capacity to operate a vehicle safely was impaired due to the particular drugs in his or her system.

Just because a person had consumed prescription medication and drove a vehicle, does not automatically mean the person is guilty of a DUI. Know your rights, contact an attorney and learn everything you can before you make a decision about your case.

Scott D. Hughes is a criminal defense attorney in Orange County, California practicing in State and Federal Court.

Rising Blood Alcohol Defense to DUI Charges

Scott Hughes — Tue, 24 Jan 2012 20:48:00 GMT

Once ingested, alcohol is constantly absorbed into, and eliminated from, the body. The entire process of absorption, distribution and elimination can demonstrated on the chart below.

The left portion of the curve is the absorption (or "rising") side, showing an increase in concentration over time. Absorption takes place at a variable rate, depending on a numerous factors include:

• The amount of food in the stomach.

• The alcohol concentration of the drinks consumed.

• The rate of consumption.

• The ratio of muscle mass to fat.

The concept of a rising blood alcohol level is important to a DUI case because the person will generally have a lower blood alcohol concentration during the absorption phase than at the time of the chemical test, which is taken much later.

If the chemical testing was taken earlier when the person is at peak alcohol level, the blood alcohol level will test higher than it was earlier during absorption. All of this means that a person may not have been over the legal limit at the time of driving and therefore may have a defense to their DUI charges.

Scott Hughes is a DUI and Criminal Defense Attorney in Orange County, California.

New California Laws for 2012

Scott Hughes — Thu, 29 Dec 2011 05:30:00 GMT

With the new year brings new laws for California. We’ve highlighted a few important ones that will take effect starting January 1, 2012.

AB 144: Carrying an exposed and unloaded handgun in any public place will be a misdemeanor as of January 1, 2012.

AB 353: Officers may no longer impound a vehicle at a sobriety checkpoint if the driver’s only offense is not having his or her license.

AB 1601: As a result of a 2010 law going into effect January 1, 2012, courts may revoke an individual’s driver’s license for up to 10 years if he or she has three or more DUIs within a 10 year period.

AB 130: The first portion of the California DREAM Act is effective January 1, 2012. AB 130 allows qualified undocumented students currently attending a public institution of higher education in California for privately funded financial aid.

AB 22: Employers will no longer be able to use consumer credit reports in determining hiring or promoting an employee, with certain exceptions such as a managerial position that requires dealing with bank accounts.

AB 469: The Wage Theft Protection Act will create penalties to employers who willfully steal worker wages. Furthermore, at the time of hiring employers will be required to provide workers with a written notice of the pay rate and whether it is on an hourly or commission basis. Any changes must be provided within 7 days.

SB 929: Children up to 8 years old and under 4’9” will be required to use a child safety seat while riding in a car.

AB 183: Alcohol will be added to items that are prohibited from purchase at self-check out stands in supermarkets.

SB 514: The sale of any product containing dextromethorphan to a minor is prohibited.

The full list is available here: http://www.leginfo.ca.gov/pdf/BillsEnactedReport2011.pdf

Scott Hughes is a Criminal Defense and Personal Injury Lawyer in Orange County, California practicing in both State and Federal Court.

SB 914 PROTECTS YOUR CELL PHONE FROM ARBITRARY POLICE SEARCHES

Scott Hughes — Wed, 21 Sep 2011 18:35:00 GMT

We previously blogged the People v. Diaz case where the California Supreme Court ruled that the police, when arresting you, do not need to obtain a warrant to search the personal data contained on your cell phone. The rationale behind the decision was that searching a smart phone is analogous to searching a pack of cigarettes, thus implying that police are free to search through all the data on your phone even if there is no reason for them to believe that the information would lead to discovery of a crime.

Currently, California law permits an arresting officer to conduct a "pat down," reach into your pocket and access your phone and its contents, even if your phone has nothing to do with what you are being arrested for.

On September 1, the California State Legislature passed SB 914 in a response to People v. Diaz. The bill requires the police to treat a cell phone like a closed container such that they must obtain a warrant based on probable cause before they can search through its contents and your personal information.

SB 914 is currently awaiting signature before Governor Jerry Brown. Our office has contacted the governor and urged him to protect your privacy. We encourage everyone to contact the governor and show your support for SB 914 as well. You can contact the governor here: http://gov.ca.gov/m_contact.php

TOP 5 iPHONE APPS FOR CALIFORNIA LAWYERS

Scott Hughes — Sat, 20 Aug 2011 16:00:00 GMT

There are thousands of apps geared at productivity. Which are the top apps that every California lawyer should have on their iPhone? This post will introduce you to five most effective apps that every practicing California lawyer should download to their iPhone now.

CAL FELONY: This app is a necessity for California criminal defense lawyers. Cal Felony is a great reference containing the California felony sentencing guidelines for all of the most common charged offenses. The app provides access to the sentencing guidelines at any time, features offline access, easy browsing through all the codes, and a fast full-text search so that you can easily find sections of interest to you without having to know the exact statute. The app also gives you the ability to bookmark and e-mail any article. This must-have app is available for download through iTunes CalFelony

CAL CODES: A must for all practicing lawyers who need to access California codes on the go. Cal Codes contains the complete 2011 California State Penal Code, Vehicle Code and Criminal Code all in one app. The app is a great way to have all three complete 2011 California codes in one app available to an on the go lawyer at anytime, no internet connection required. Download the app from iTunes Cal Codes

CAL CIVIL: A great app for lawyers practicing in civil litigation. Cal Civil contains the complete 2011 California State Civil Code, Civil Procedure Code and Evidence Code. Three complete 2011 California Codes are available to the mobile lawyer at any time, no Internet required. Additionally, the app contains a fast “Google-style” full-text searching ability so that an attorney can quickly find sections of interest, even without knowing the specific law or statute. The app is available for download from iTunes Cal Civil

EVERNOTE: Evernote is a great app to help lawyers record and capture ideas. Lawyers using Evernote can record up to 90 minutes of audio (and even type notes while recording), attach snapshots from any site visits directly from your phone’s camera roll, assign notes and any saved items to specific categories, assign locations to your notes, and allow you to sync everything to your Mac and browse through notes with ease. Download the app from iTunes Evernote

DROPBOX: Ever wish you could access all the files on your computer without lugging around a laptop? Dropbox is a free app that allows you to access all your photos, documents, and other saved files from all your computers, your iPhone and iPad, and the Dropbox website. With the Dropbox app, you can quickly pull up a client’s file and view the contents right on your iPhone. The app is available for download from iTunes Dropbox

Scott Hughes is an Attorney in Orange County and Los Angeles County California, practicing in Federal and State Courts.

BART VIOLATES PASSENGERS' FIRST AMENDMENT RIGHTS

Scott Hughes — Thu, 18 Aug 2011 03:17:00 GMT

Transit authorities at San Francisco Bay Area Rapid Transit (BART), fearing a demonstration over BART police’s fatal shooting of a 45-year-old man on July 3rd, blocked wireless signals at its train stations in an effort to impede planned protests by protestors.

BART officials are now facing criticism for their violation of First Amendment constitutional rights of passengers. Although BART officials claimed public safety as justification, blocking cell phone signals in an effort to hinder social media’s ability to coordinate demonstrations arguably forced ordinary citizens and passengers to suffer under the broad restraints for the anticipated actions of only a few citizens.

BART has responded, stating that the favors the transit authorities for their actions and citing a 1969 U.S. Supreme Court case, Brandonberg v. Hayes, as justification to put public safety ahead of free speech in this situation.

The Federal Communications Commission stated that it would look into BART’s actions.

I think that necessity has been the argument used for every infringement of human rights since the birth of this country. This is the first time in America that a public agency has shut down public communications in order to disrupt communications. This conduct is absolutely unacceptable and should not be tolerated in a free society.