According to California Penal Code Section 399.5, it is a crime to knowingly own a dog that is trained to attack, fight or kill and that the dog has bitten a person on two or more occasions, or the dog’s attack has caused serious injury. However, the same dog bite laws apply to animals that didn't have a training to attack.
California Penal Code 399 it is possible to be criminally charged for failing to control a dangerous animal. Therefore, the prosecution would have to show that the defendant willfully allowed a dangerous animal to roam; because of this, someone may sustain an injury or result death by the animal. California Penal Code 597 makes it a criminal offense to physically harm, overwork, neglect or kill an animal. This crime could include other crimes like dogfighting. In the state of California, we have a dog bite law that holds the owner of the dog accountable for all injuries sustained due to an attack by their dog, regardless of the dog’s prior behavioral history.
Violation of Penal Code 399.5 may result in different disciplinary outcomes because it is a wobbler offense. Therefore, misdemeanor or a felony can be changes for it.
Some penalties for a Penal Code 299.5 misdemeanor conviction include:
Some penalties for a Penal Code 299.5 felony conviction include:
Violation of Penal Code 399 is also another wobbler offense in California. If someone is killed because of failing to control a dangerous animal, it must be charged as a felony.
Violation of California’s dog bite law does not result in a prison sentence but makes the owner of the animal liable for all medical bills, lost wages, or pain and suffering caused to the victim of their dog’s attack.
A person charged with violating Penal Code 399.5 could possibly use one of the three following defenses to avoid charges:
Are you in need of legal assistance from a Los Angeles dog bite lawyer? You may contact KAASS Law at our phone number (310) 943-1171.
Cardiovascular problems can develop down the road as a result of physical injuries sustained in a vehicle accident. It is well-known that severe car crashes can result in fractures, ligament tears, and sprains. However, many individuals are unaware that a bad vehicle collision can also affect circulatory health, leading to cardiac issues. Heart attacks and irregular heartbeats are common aftereffects of automobile accidents. These conditions may result in long-lasting health issues, potentially shortening one’s lifespan.
Several causes can contribute to heart attacks following an automobile collision. The most prominent reasons are:
Under California law, a claim for intentional infliction of emotional distress may be made where the defendant engaged in outrageous activity that resulted in emotional anguish for the victim and was done so on purpose or with reckless disregard for the victim. If the victim wins their case, compensation will be:
In California, a plaintiff must establish the following in order to succeed on an intentional infliction of emotional distress claim:
Partaking in organized sports may help kids gain physical abilities including intellectual, self-control, and general life skills. Additionally, it may have advantageous social effects that improve social identity. On the other hand, there are a lot misleading outcomes from engaging in school sports. It leaves them with a result of going through obstacles that prevent them from doing things they desire. School-related injuries tend to lead students into a difficult position of not being able to live normally, do certain things that were done before, and developing physical abilities.
On the contrary, athletes who participate in sports will also benefit from improved physical abilities. Kids that participate in sports improve their social skills, collaboration, and leadership abilities. Ultimately, school sports provide benefits that lead kids to developing skills that can help them later on. For example, independence, self-confidence, leadership, eating and sleeping habits, etc.
Employee injuries are unfortunately common in workplaces across California. Whether it's a slip on a wet floor, a fall from scaffolding, or an injury caused by malfunctioning equipment, these incidents can leave workers dealing with physical pain, emotional stress, and financial uncertainty. Understanding your legal rights after an employee injury is critical to protecting your health, your income, and your future.
At KAASS LAW, our experienced attorneys help injured workers explore their legal options and pursue the compensation they deserve. If you’ve been hurt at work, don’t wait—knowing what steps to take can make all the difference.
The most important action you can take after any workplace injury is to report it immediately to your supervisor or manager. Even if the injury seems minor at first, symptoms can develop or worsen over time. By reporting right away, you start a paper trail that can support a future claim.
After notifying your employer, seek medical attention. Depending on the severity of your injury, you may need emergency care or a follow-up appointment. Make sure to keep records of all medical visits, diagnoses, prescriptions, and treatments.
When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
Apartments are a place for students, adults, and children to live in close quarters. This is what makes them perfect living spaces for people who need to be near the center of a city or town. These apartments often come with many safety hazards that can lead to injury. Have you been hurt in an apartment-related accident? Tenants and visitors to apartment complexes sustain frequent injuries as a result of a landlord's failure to correct or repair certain dangerous conditions, such as flooding, shattered stairs, or collapsing decks. If you were injured in an apartment building, you are entitled to compensation. Personal injury lawsuits against landlords or apartment buildings for injuries on rental property are common. Premises liability lawsuits can be filed by our accident attorneys. Compensation may be obtainable through:
Accidents in apartments are fairly common and can cause a wide range of injuries. Apartments are a convenient way to live. There are some risks associated with this living situation, however. Knowing the most common injuries sustained by those living in an apartment is important so that you can prevent them or know what to do if they happen to you. Typical injuries include:
Fraudulent acts are committed by a relative or caregiver of a property owner. In many cases, they involve family disputes. There have been reports of children stealing their parents' property, people attempting to co-opt inheritances from their siblings, and people attempting to defraud their spouses. To transfer ownership, the scammers create fake documents, including fraudulent or incorrect notarizations. Unlike in many other parts of the country, California's laws and real estate practices make it very easy to fraudulently transfer property title. When a document is recorded, it becomes part of the official title chain, and the new owner, legitimate or not, can obtain loans or even sell the property. The statute of limitations is relatively short (three years for forgery and two years for fraud) and has frequently expired by the time the victim realizes his home is no longer in his name.
Fraud transfers include signed documents that allow a creditor to seize the debtor's assets or force the debtor to pay the debt from their income. Some judgment debtors decide to hide or dispose of their assets after learning that judgment collection methods will allow the creditor to seize their assets. Debtors, for example, may transfer their assets. This could be to relatives, friends, or legal entities, simply place the assets under false names, or burden their assets with fictitious debts. Debtors may engage in such schemes, the courts and legislature have long recognized. As a result, the Uniform Fraudulent Transfer Act provides remedies for creditors who face this issue. Making a mistake during a notarization can have serious financial and legal ramifications for California Notaries, and breaking the law on purpose can result in even harsher penalties. This guide will assist Notaries in becoming acquainted with the Golden State's Notary laws and penalties for misconduct.
Invasion of privacy laws are both criminal and civil in California. They involve false light claims and cases involving the public disclosure of private facts. The laws are similar in that a person does something that invades another's privacy. While the specific activities in criminal and civil proceedings differ in terms of definitions and how they are proven, they are both intrusions on a person's personal affairs.
The California Privacy Act is a wiretapping law. It prohibits the recording of confidential conversations without the consent of all participants. This includes telephone conversations. Victims of illegal wiretapping may be subject to legal damages. Breaking the law is a crime. Violators may face:
During a telephone conversation, both parties must agree to record. Which makes California a "bilaterally agreed" state.
Examples of invasion of privacy are everywhere. We've all heard the story of a man whose ex-boyfriend or girlfriend shared risky photos without their consent. Social media platforms are regularly used as a launching pad for personal attacks. Many of us have probably even become the target of extremely harmful or violent "gossip" about someone's highly personal information. These are all examples of invasion of privacy, and they are all flagrant violations of people's right to maintain the confidentiality of their personal affairs.
Every boater should be aware of the dangers of operating a vessel while under the influence of alcohol or drugs (BUI). Every state makes it illegal to operate a boat while under the influence of alcohol or drugs. A federal law against BUI is also enforced by the Coast Guard. This legislation applies to all boats (from canoes and rowboats to the largest ships), as well as foreign vessels operating in US waterways and US vessels operating on the high seas.
Boating under the influence are actions, which are criminalized under section 655 of the Harbors Navigation Code of California. Particularly, the above-mentioned section states that it is a crime to commit the following actions:
California BUI law criminalizes the following actions:
These factors contribute to the heightened risk of cardiac issues after a car accident, and they highlight the importance of understanding the connection between traumatic events and heart health.
In addition to cardiac issues, car accidents can also increase the risk of strokes. Stress from a vehicle collision may trigger a stroke, especially when accompanied by other bodily injuries. Surprisingly, even minor accidents, such as low-impact rear-end crashes, can result in neck injuries or shock that may eventually lead to a brain aneurysm.
In some cases, the effects of these injuries can persist long-term, and overcoming these challenges without proper medical treatment can be difficult. High blood pressure induced by stress during an accident significantly increases the risk of both heart attacks and strokes, making automobile accidents a major contributor to cardiac issues and other life-threatening conditions.
The severity of burn injuries sustained in a car accident is categorized as follows:
While burn injuries are serious and require timely medical care, the cardiac issues that stem from trauma often receive less attention. Long-term recovery for both types of injuries demands significant medical intervention.
Heart Disease and Injury Connection – Learn more about how trauma affects cardiovascular health from reputable sources like the American Heart Association.
Some injuries are immediately apparent after a car accident, such as cuts and fractures. However, there are injuries that may not manifest until days or even hours after the incident. Failing to address these injuries can lead to long-term complications.
Brain trauma can result in permanent complications, especially if left untreated. Some long-term effects of untreated brain injuries include:
Traumatic brain injuries can lead to long-term consequences, and cardiac issues might further complicate recovery, as the body’s stress response negatively impacts overall health.
Internal bleeding is a serious concern after a vehicle collision. Symptoms of internal bleeding include:
In severe cases, internal bleeding can lead to death if not treated quickly. It is essential to monitor for signs of internal bleeding after an accident, as this condition can exacerbate existing cardiac issues due to the body's strained circulatory system.
Hairline fractures may not be immediately noticeable after a car accident. X-rays or other imaging tests are necessary to detect these hidden injuries. Even a minor fracture, if left untreated, can lead to serious complications and long-term pain.
Burn injuries from car accidents are often more difficult to treat, cause significant pain and suffering, and take longer to heal compared to other injuries. If you’ve sustained burns or cardiac issues from a vehicle collision, it’s crucial to consult with a personal injury lawyer who specializes in burn injury cases. They can help ensure you receive fair compensation for your medical expenses, pain, and suffering.
A car accident involving burn injuries and cardiac issues can be complex, but experienced attorneys know how to navigate these cases. With the right legal guidance, you can ensure that your injuries are fully compensated, allowing you to focus on recovery.
If you’ve experienced severe burns or cardiac issues as a result of a car accident, don’t hesitate to reach out. Contact a knowledgeable personal injury attorney at 310.943.1171 today for a consultation.
Emotional discomfort by California law includes: sorrow, agony, dread, horror, trepidation, grief, worry, shock, humiliation, and disgrace. However, the "intentional infliction" law in California only applies when mental anguish is exceptionally severe. Serious emotional distress is not light or fleeting. No reasonable person should have to go through such intense or long suffering.
A defendant commits a deliberate act of causing emotional distress for the purposes of California law when:
The defendant need not have done something intentionally bad or maliciously motivated. It suffices that they acted outrageously without taking into account the likely repercussions.
Outrageous behavior includes more than just insults, annoyances, hurt feelings, or bad manners. A person would consider a behavior outrageous if they believed it to be outside the bounds of decency. The following factors, among others, determine whether the defendant's actions were outrageous:
No. The plaintiff need not show a physical harm in order to be eligible to compensation for severe emotional suffering. But in circumstances when the plaintiff has significant medical debt, lost wages, diminished earning capacity, or other compensatory damages, damages for mental anguish are frequently covered. Plaintiff' can also receive punitive damages In California, plaintiffs may receive punitive damages when there has been gross negligence or willful misconduct. Punitive damages are often awarded in intentional infliction instances because they call for "outrageous" behavior.
A victim of intentional infliction of mental distress may receive compensation even if there was no financial loss or bodily harm. The following are only a few examples of the cases that intentionally cause mental distress:
An injury need not be physical in order to have a significant effect on a person's life. Injuries to the emotions can be just as painful and occasionally more challenging to heal than many other physical ailments.
An attorney can assist you in obtaining compensation for your damages if you or someone you know was the victim of willful infliction of emotional distress. Injuries to the emotions can be just as painful and occasionally more challenging to heal than many other physical ailments. Please feel free to give our office a call at 310.943.1171.
Students who sustain severe injuries live on with their lives with non-beneficial outcomes. As a result of an accident, it leaves them scarred, disfigured, or severely injured. An individual's personal representative may file a death claim if an incident involving school athletics caused the death of someone. In a wrongful death litigation, damages may include salaries for family members who lost a loved one. For instance, unjustified death lawsuits that negatively impact the family are financial losses, compensation for loss of support, etc. The pain and suffering that families experience is a traumatizing feeling when losing a loved one. In particular, professional, badly wounded athletes experience depression, stress, hostility, and low self-esteem frequently after injury. Mood disturbance has a negative impact on attendance at completion of treatment and is related to the athlete's perception of their recovery progress. In general, a person's situation may become unfavorable as a result of an accident. Teams may lose sight of their objectives in favor of competing among themselves for awards.
Sports injuries include pain as well as any expenditures incurred as a result of your injuries. As a result, the victim of an injury will receive therapy in order to recover appropriately over time. If there are harmful conditions on school grounds, the school district may also be responsible. Premises liability rules may hold schools accountable when they fail to maintain school property in a way that is reasonably safe and an accident results. However, parents can be required to sign releases by schools before their kids can participate in school sports. Moreover, if a legal guardian chooses to prevent their kids from participating, then their chances of injuries will be much less.
Every sport carries the risk of hurting a student. However, due to the nature of the action, such as in contact sports, some sports are statistically more likely to result in injury. Examples include:
Teachers, coaches, and staff administrators need to effectively oversee all kids in order to avoid any student from becoming hurt. Consequently, the student's injuries reflects on the staffs' ignorance of the incident. However, it can change based on how risky the activity is and the age of the students that are involved.
If you or a loved one has been involved in a school sports injury, contact Kaass Law at 310.943.1171.
In our work with injured workers throughout Los Angeles and beyond, we've seen a wide variety of incidents leading to injury claims. Some of the most common include:
Whether you work in an office, warehouse, or on a film set, your employer is responsible for maintaining a safe working environment.
California law generally requires employers to carry workers’ compensation insurance, which provides coverage for medical expenses and partial wage replacement. However, there are limitations. Workers' compensation typically doesn’t cover non-economic damages like pain and suffering or emotional distress.
That’s where third-party claims come in. If someone other than your employer—such as a subcontractor, property owner, or equipment manufacturer—played a role in your injury, you may be able to file a personal injury lawsuit in addition to your workers' comp claim.
Learn more about your options in our guide to third-party work injury claims in California.
To build a strong legal claim, you must prove that another party was negligent and that their actions (or failure to act) directly led to your injury. Common examples include:
Collecting evidence is key. This may include photos from the scene, eyewitness statements, accident reports, surveillance footage, and your medical records. An attorney can help gather and preserve this evidence while you focus on recovery.
Navigating the legal process after a workplace injury can be overwhelming, especially when you’re already dealing with physical recovery and medical bills. At KAASS LAW, our Glendale personal injury attorneys understand how to handle complex employee injury cases, including those involving multiple liable parties.
Our legal team can help you:
If you have questions about your legal rights, don't hesitate to contact our team for a free consultation.
While both workers’ compensation and personal injury lawsuits provide financial relief, they differ in several important ways:
AspectWorkers' CompPersonal Injury Lawsuit
Fault Required?
No
Yes – must prove negligence
Types of Compensation
Medical bills, partial wages
Medical, lost wages, pain & suffering
Suing Employer?
Not allowed in most cases
May sue a third party (not the employer)
Timeline for Filing
Within 30 days of injury (notify employer)
Within 2 years of the incident
Knowing which path is appropriate can save you time and help maximize your compensation.
For more general information about workplace safety standards and employee rights, you can visit the Occupational Safety and Health Administration (OSHA) website.
Every injury case is unique, and acting quickly can be crucial. Waiting too long to report your injury or explore your legal options could impact your ability to file a claim. Our attorneys at KAASS LAW are here to provide the legal guidance you need.
We’ve helped numerous employees in California obtain compensation beyond what workers’ compensation offers, especially in cases involving third-party negligence.
If you or someone you love has suffered an employee injury, contact our office today at 310.943.1171 or visit our page on California workplace injury claims for more information.
In a case involving an auto accident, disregarding certain driving regulations can serve as proof of negligence. The finding of negligence may significantly impact the assessment of responsibility for the incident. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than that of the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules, such as comparative negligence, may reduce or eliminate their compensation.
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact were striking at high speeds, it is possible for both drivers to get injuries. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss. Those in parking spaces must yield to those in the main lanes, meaning the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident, though, by acting inappropriately. In parking lots, there is a standard regulation for the speed restriction. This aims to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way. Parking lots can be especially dangerous for children and pedestrians. According to the National Highway Traffic Safety Administration, thousands of pedestrians are injured each year due to driver inattention and poor visibility in areas like parking lots.
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot is often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or a pedestrian. In order to obtain compensation from the party at fault if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.
It should be noted that the elderly are especially vulnerable to injury. They are more likely to obtain greater damages. If you don't want to experience these types of injuries, there are many precautions you can take. The following are some of the most common apartment accidents that can result in injuries:
In personal injury accident cases, common defendants include landlords, property owners, and property management firms. It is important to note that injury lawyers frequently file an apartment injury lawsuit under a state's premises liability laws. Property owners and occupants have a duty of care under these laws:
If a landlord or property owner breaches this duty, you will most likely prevail in a premises liability claim.
Apartment living comes with its own set of safety challenges, but there are steps you can take to reduce the risk of injury. Regularly inspect your apartment for hazards like loose floorboards, broken stairs, or malfunctioning lighting. Installing safety features like grab bars in bathrooms, non-slip mats in the kitchen, and securing rugs can prevent falls. Additionally, ensure that smoke detectors are working and fire exits are clearly marked. Taking proactive measures can help you avoid costly and painful accidents.
If you’ve injured yourself in an apartment complex, knowing what steps to take immediately can make all the difference in your case. Start by seeking medical attention, even if the injury seems minor. Document the accident scene by taking photos of hazardous conditions, such as broken steps or faulty railings. Report the injury to the property management and landlord, and keep records of your communication. Lastly, contact a personal injury attorney to help you navigate the legal process and ensure you receive proper compensation for your injuries.
Landlords must maintain a safe environment for their tenants. They are required by law to ensure the property is free from hazardous conditions that could lead to injuries. This responsibility includes performing regular maintenance checks, repairing broken fixtures, and ensuring common areas are safe. If a landlord fails to meet these responsibilities, they may become liable for injuries sustained by tenants or visitors. If you suffer an injury due to a landlord’s negligence, you may qualify for compensation through a premises liability lawsuit.
Every year, people living in apartments report hundreds of injuries. This is a concerning statistic that should be addressed to ensure that you do not suffer a similar injury. If you have suffered a serious injury, an injury attorney can assist you in managing your ongoing medical care. Give our office a call if you have been injured in an apartment-related accident at 310.943.1171.
If a Notary commits an infraction, the penalties under California law are divided into four categories:
It is critical to understand that misconduct can result in multiple penalties for a Notary. For example, if a Notary is found negligent for failing to properly complete and seal an acknowledgment on a real estate document, the Secretary of State may impose a civil penalty as well as suspend or revoke the Notary's commission. Furthermore, if the Notary's error resulted in a financial loss for the signer, the signer could sue the Notary to recover any damages incurred as a result of the faulty notarization. Intentionally violating state Notary laws ("willful misconduct") carries significantly harsher penalties than unintentional violations ("negligence").
Notary misconduct can be avoided by the following steps:
Property title fraud can have serious consequences for homeowners in California. To prevent fraud, regularly review your property records and monitor any changes in your title. Be cautious of suspicious activities, like receiving unfamiliar loan offers or unexpected legal notices. If you suspect fraud, act quickly by contacting your title company and a real estate attorney. The sooner you identify fraudulent transfers, the better your chances of stopping further damage. Keeping track of any changes and maintaining clear communication with your legal team can help protect your assets from fraudulent transfers.
If you discover that someone has fraudulently transferred your property title, take immediate action. Start by contacting the county recorder's office to verify the transfer and obtain copies of all relevant documents. Notify your mortgage lender and any financial institutions involved to prevent further unauthorized transactions. Next, file a fraud report with local law enforcement and seek the guidance of an attorney specializing in real estate fraud. Legal remedies may include reversing the fraudulent transfer, recovering assets, and holding the responsible parties accountable. Be proactive in protecting your property to minimize further harm.
Notarization plays a vital role in ensuring the authenticity and legality of real estate documents. Proper notarization prevents fraudulent activity by verifying the identity of the signer and confirming that they willingly entered into the agreement. Ensure that the notary follows all California laws, including the proper completion of notarial certificates and maintaining accurate records. Inaccurate or improper notarization can lead to costly legal disputes or even title fraud. Always choose a reputable notary and ensure they comply with all requirements to avoid the consequences of fraud or misconduct in your transactions.
If you are in need of an attorney, feel free to give our office a call at 310.943.1171.
Typically, only living people can sue for invasion of privacy, which requires proof that public disclosure of a private fact has taken place. To prove this, it is necessary to establish five elements:
Public disclosure of information includes bringing information to the attention of the general public or a large group of people. A private fact is a detail of your life that is usually not open to others, such as your finances, sexual activity, or your health. When disclosure violates commonly held norms of decency, it is offensive to the typical individual. The disclosure that does not cause legitimate public concern is a disclosure that has no social value but deeply violates a person's privacy. Finally, demonstrating a reckless lie requires demonstrating that the defendant knew how offensive it would be to reveal private facts but did so anyway.
You may be hesitant to disclose a breach of your privacy due to feelings of vulnerability or even humiliation. However, remember that invasion of privacy is a felony that, like any other crime, must be prosecuted. Privacy invasions can range from innocuous to deadly, but no matter how serious they are, reporting them to the appropriate authorities as soon as possible is the best course of action. The consequences of defamation can be as serious as personal injury. As a result you deserve justice for the pain and embarrassment you are experiencing or did in the past.
If you or someone you know is subject to privacy invasion and have further issues, contact our Glendale personal injury lawyer today for a consultation and case review. If you have any questions please feel free to give our office a call at 310.943.1171.
If a BUI suspect fails a chemical breath test or a blood test within three hours of driving the boat, California law presumes that they have an illegal BAC level. Defendants, on the other hand, can challenge this presumption in court. Evidence that the breathalyzer was faulty or that the blood samples were tainted, for example, might invalidate the chemical test results.
A person is considered to be under the influence, if, as a result of drinking and/or consuming alcohol, taking drugs, his/her mental or physical abilities are so impaired that he/she is no longer able to drive a vehicle (vessel) with a caution of a sober person, using ordinary care, under similar circumstances. In other words, the influence of alcohol and drugs on your organism shall be so essential that it shall cause you:
For instance, suppose you drank some beer while operating a boat, but you are a professional driver and the drink has no effect on the boat's performance. They won't find you guilty of violating California's Harbor and Navigation Code § 655 (b). However, the case will be different if you are a new driver of a vessel, and the percentage of alcohol in your blood can easily lead to operating the boat worse than usual. The prosecution considers a number of variables when determining whether you are under the influence of alcohol or drugs. These factors are:
Under this subsection, it is illegal to:
This subsection differs from the one previously discussed. In case your abilities to drive your boat were not under effect of the alcohol concentration in your blood. However, the test is revealing that it was 0.08 percent or higher, it can be illegal.
The actions, considered to be offenses under this section, are:
The level of caused bodily injury does not play a role in accusing the person of a violation of this subsection. To understand when you can be convicted for violation of this subsection, let's consider the following example. If you operate your boat faster than the speed limit in the region while under the influence of alcohol or drugs. You may be found guilty of violating the relevant provision if your friend falls and fractures her hand as a result of your actions. You can try to prove that you were not under the influence of alcohol or drugs, or their combination while committing the unlawful act or neglecting the duty. The above mentioned can help to mitigate the penalties.
The violations are variable thus it is essential to find a professional attorney to assist you in defense against the penalties. Please feel free to give our office a call at 310.943.1171.