How To Avoid Probate

Probate can take anywhere from a few months to several years. It's expensive. Court fees and attorney's fees can come to around 5% of the estate's value. Hence, it is always better to avoid probate. There are possibilities to do this well within legal limits.

The first possibility is to set up a living trust and name someone (a close friend or a relative) to be the trustee and to manage all his properties. When the person dies, the trustee pays the descendant's debts, taxes and all other expenses, and then distributes the balance of the property to the beneficiaries.

A living trust retains the privacy of the decedent and his heirs, and averts part of the estate tax, which is not possible if the properties are probate. One popular form of living trust is the revocable trust. As the term suggests, the trust can be revoked at any time by the person who sets it up.

A second possibility is to institute an AB trust. This trust allows a married couple to preserve their unified credits and permits up to twice the total estate for transfer to heirs without estate tax. Thus AB trusts reduce or eliminate the total tax which the couple would have paid otherwise.

The third possibility is to gift all his properties to his heirs and beneficiaries. Though he pays some gift tax, it is far more economical than to let it undergo probate. But one problem is that the individual cannot guarantee that the gifted properties can be obtained back.

The fourth possibility is to go in for a joint property. This will render the property transfer to the joint signatory automatic on the individual’s death.

Probate provides detailed information about probate, how to avoid probate, probate court, probate law and more. Probate is the sister site of Free Last Will And Testament Packages.

Do you need a Living Will Form or a Health Care Power of Attorney form?

The purpose of a Living Will declaration is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.

1. Life-sustaining treatment means any health care, including artificially or technologically supplied nutrition and hydration, that will serve mainly to prolong the process of dying.

2. Terminal condition or terminal illness means an irreversible, incurable and untreatable condition caused by disease, illness or injury. Your physician and one other physician will have examined you and believe that you cannot recover and that death is likely to occur within a relatively short time if you do not receive life-sustaining treatment.

3. Permanently unconscious state means an irreversible condition in which you are permanently unaware of yourself and your surroundings. Your physician and one other physician must examine you and agree that the total loss of higher brain function has left you unable to feel pain or suffering.

Having a Living Will does not affect the responsibility of health care personnel to provide comfort care to you. Comfort care means any measure taken to diminish pain or discomfort, but not to postpone death. In most states, a Living Will is applicable only to individuals in a terminal condition or a permanently unconscious state. If you wish to direct medical treatment in other circumstances, you should prepare a Health Care Power of Attorney.

The Health Care Power of Attorney form gives the person you designate (agent or attorney-in-fact) the authority to make most health care (including dental, nursing, psychological, and surgical) decisions for you if you lose the capacity to make informed health care decisions for yourself. This authority is effective only when your attending physician determines that you have lost the capacity to make informed health care decisions for yourself. As long as you have the capacity to make informed health care decisions for yourself, you retain the right to make all medical and other health care decisions. You may also limit the health care decisions that your agent will have the authority to make. The authority of the agent to make health care decisions for you generally will include the authority to give informed consent, to refuse to give informed consent, or to withdraw informed consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition.

Click here to find your state's Living Will Form & Health Care Power of Attorney Form.

Legal Forms Bank.biz, download printable online legal forms.

Need A Patent For An Invention?

There is one kind of home business that is very different to any other: that of the inventor. If you've invented something, the chances are that you don't have the resources to mass-produce it yourself – you'll be needing to send the plans and designs off to someone else to make in their factory. When you do this, though, how can you protect your idea against theft by them, or anyone else who might see it? The answer is patent registration.



What is a Patent?



A patent is when your government gives you the exclusive right to profit from an invention for a set number of years. If anyone else tries to sell something that is covered by your patent, then you will have the legal right to make them either pay you a licence fee or stop.



Each patent has a patent number – you might have seen ‘Pat No' printed on some things, followed by this number. You may also have seen ‘ patent pending', which means that the patent has been applied for but not yet granted.



Your invention Must Qualify.



Not all inventions can be covered by patents. Check that your invention meets these two requirements:



Is it new and secret? You can't have showed your invention publicly before you apply for a patent. Whatever you do, don't take your invention round and demonstrate it to people before you think about patents – you might make it impossible to get one.



Is it non-obvious? Your invention must not be something that would be obvious to experience in your chosen industry. This is to stop people rushing to patent things that anyone could figure out, and then charging high fees for their use.



In addition, you cannot apply for a patent for any of the following: a scientific or mathematical theory or method, a work of art (books, plays, etc. – computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright. Patents are intended for actual, physical inventions.



Where Do I Get One?



Wherever you live, the chances are that it has a government agency called a ‘ patent office', or similar. There are also patent agencies for larger areas, such as the European patent Office or, ultimately, the WIPO (World Intellectual Property Organisation).



To begin with, you should apply for a patent at the patent office for your country – it's best to get a lawyer to guide you through this, and make them sign an NDA (non-disclosure agreement, a contract saying they won't tell anyone else about your invention). Depending on your country, this can either be absurdly cheap or really expensive.



Once you've done that, you generally have only one year to file for any patents you might want in the rest of the world. You used to have to apply individually in every country where you wanted a patent (this got very painful and expensive very quickly). Now, though, you can now take advantage of the PCT ( patent Co-operation Treaty), which allows you to apply once and eventually receive protection in all of the 126 countries that have signed up to the treaty.



You can apply for a PCT patent either through your own country's patent office, or through the WIPO's office in Geneva. It is again important to stress that you should really get a lawyer if you plan to go through this process, as international patent law isn't especially intuitive or easy.



You should note that if your patent application is refused at any stage, you won't be getting your fees back – although you can usually apply again, if you want to pay again.



What if I Don't Get a Patent?



If you've looked at the prices, you might be wondering: what's the worst thing that could possibly happen to me if I didn't get a patent? The only answer I can give is that anyone you happen to explain the idea to can steal it, and you won't be able to do a thing. What's more, once your invention does come on the market, success will attract many imitators, and they'll probably be able to produce your invention cheaper by sacrificing quality.



Essentially, a patent gives you protection against competition – but if you think you could do perfectly well in the market no matter how many imitators you had, then maybe patents aren't for you.



About The Author:

Grab A TON Of Profitable eBooks For Only $17! Start your business off right! Go to http://www.ebookdomination.com You may reproduce this article as long as an active hyperlink is accompanied.

Medical Malpractice Lawyers - You Never Know When You May Need One

medical malpractice occurs when a health care provider who by an action or omission deviates from the accepted norms of practice in medicine leading to injury/ death to a patient.

Many deaths occur due to medical malpractice. A health care provider is not just the doctor or the surgeon but includes nurses, dentists, therapists, hospitals, clinics etc. medical malpractice law is derived from the general negligence law. Various laws have evolved in the US, England, Australia and other countries, which are similar in concept for control of medical malpractice.

Claims are made for negligence, misdiagnosis, improper medication etc. Claims can even be made where informed consent of the patient is taken. Claims can also be made against corporations, hospitals, clinics for the mistake of their employees based on vicarious liability. The patient has the right to claim economic and non-economic damages.

However in medical malpractice cases, the burden of proof lies with the plaintiff (patient). Hence the patient should hire a good lawyer. Three things have to be proved by the plaintiff:

• The health care provider failed to provide adequate and reasonable care to the patient.

• This failure to provide adequate care to the patient has resulted in damage or loss to the patient.

• The health care provider is liable to pay the damages or loss.

The damages are of two types, compensatory and punitive. Compensatory damages are of two types economic and non-economic damages. Economic damages are monetary losses like, medical care, medicines and loss of wages. These damages can be in the past or future. Non-economic damages are the ones like loss of organ or vision, pain, disfigurement, embarrassment emotional stress etc.

Punitive damages are very rarely awarded. medical malpractice cases are complicated because when the patient is admitted he is already injured or ill and hence the damage caused by negligent medical care has to be assessed independently of the earlier illness or injury.

A further obstacle in medical malpractice case is that expert witness is to be provided by the plaintiff. Very few doctors are willing to testify against another doctor even when the case of negligent care is clear. On the other hand the defendant lawyers have a pool of doctors to defend the case of negligent medical care. Usually medical malpractice attorney firms provide expert testimony on the care provided by the health care provider. Some medical malpractice lawyer firms provide free case evaluation and take medical malpractice cases on contingent basis that is until the firm wins the case for the client, the client need not pay for the services of the lawyers. In medical malpractice cases it is vital to obtain the medical records as early as possible by the patient or his representative.

Most healthcare providers take medical malpractice insurance. There has been an ongoing debate by doctors and their medical malpractice insurance companies against excessive jury awards. Generally insurance companies rarely go to trial where large penalties are involved. However it must be remembered that the insurance companies and health care providers are willing to fight it out against spurious medical malpractice claims. The procedure for filing a medical malpractice claim varies from state to state.

About The Author:
tyson J stevenson writes on a wide variety of "every day" subjects, always with valuable news & reviews. Expect to see his name often. A related resource is http://bestmedicalmalpracticelawyers.info

You Have A Personal Injury In A Car Accident? Know The Facts

Have you ever been involved in a car accident where you were injured seriously? What would you do in such a situation? The first thing to ever do is administer first aid and call for help. Knowing the facts in the case of personal injury from a car accident forms the crux of our topic today.



Let us first discuss the common types of injuries that may happen in a car accident. The first type of injuries is known as whiplash injuries. Whiplash injuries are the most common types of injuries to occur in any country. Whiplash injuries may include damage to the neck or the spine and muscles around the neck. The extent of the injury might be little or more depending on the case. The effects of the injury might be observed for a short time or in many cases it can also be permanent. In some cases a whiplash injury can leave the neck or the spine permanently damaged. The injuries are diagnosed by using x rays by the doctor. The doctor will also use the x rays to see if any injury has been caused to vertebra and the extent of damage to the neck. The next most common types of injuries are the head injuries. Head injuries can prove to be fatal as a serious blow to the head can cause damage to the brain. Damage to the brain can occur at the time of the accident or over time as the internal injury can aggravate. The third type of injuries is bodily injuries which can occur on the arms and the legs. If they are small, they can be treated and healed in a few days. If they are big like a fracture then it can take anywhere between a fortnight to months to heal completely.



So what should you normally do when you meet with an accident and get personally injured? The first and the foremost thing is to call the emergency number and call for an ambulance immediately. Also if you are seriously injured then you can tell the passers by to get the necessary information of your family members and the doctors from your car or wallet and call them up immediately. The course of treatment will depend on how deep the injury is and on which part of the body is injured. Try not to panic too much as this can raise your blood pressure. Stay calm. Do not try to move too much. Moving can seriously aggravate the injuries inside and can bring permanent damage to any body part.



When the ambulance arrives try to answer the questions that the staff may ask? The medical team may ask you questions while administering you doses of medication and checking your vitals, heart beats etc. Answer truthfully all the questions of the medical team. Ask the medical team to call your family members and inform them about the accident. Do follow the instructions of the doctors to ensure your speedy recovery. When you are discharged from hospital do take a few days of rest at home and resume work only when you feel fully fit and fine.



Last but not least. Answer any questions by the police truthfully. Do not lie! If you feel the need to lie or you are worried about the situation, ask for an attorney to be present. Mistakes here can cost you more than money. And money will be no problem if you carry car insurance.



About The Author:

The author makes a living in the field of research. If you have found this article useful, click on his specialist resource sites, http://www.personalinjuryhelp.info and http://www.personalinjuryguide.info . For more information on this topic and others, go to this site http://www.moreinformationservices.com .

House Foreclosure

The question you may be asking about house foreclosure is: How do

I stop foreclosure and still keep my home?



Since you are reading this, I know you are searching for

information on how to stop a foreclosure. Maybe you are feeling

a little frustrated or confused. I know when I was going

through my financial crisis a few years ago, my biggest block

was that I just didn't know what to do! Perhaps I can now

assist you.



Let's look at 3 options you have now to stop a foreclosure and

keep your home:



1. Refinance. You may have already gotten offers for this.

Refinancing can be a very good way to stop foreclosure and save

your home. You will need to have decent credit to qualify and

they do not take your hardship into consideration. If you

defaulted on your house payments the chance is that your credit

may already be damaged. But hey, find out. If refinancing is

right for you follow these tips: - Stay away from Adjustable

Rate Mortgages (ARM) or any exotic reverse or interest only

loans. These fancy loans are often used in a predatory manner to

lure the homeowner in. - Make sure you understand the terms and

payments and you honestly can afford them long term. It is your

responsibility to stay within your means.



2. Real Estate Investor. You may have already been approached

by an investor or two. Most investors want to buy your home,

stop foreclosure, and remove you from the property to rent or

sell it to someone else. Ask an investor if he or she would be

willing to allow you to enter a "lease to buy" agreement. While

you may lose the title to the property for a set time (and your

equity), you will be able to continue living in your home and

eventually regain ownership. If you choose to work with an

investor, follow these tips: - Do your research on the

investor. You want to be sure they are legit. - Get

everything in writing!



3. Loss Mitigation. "What is loss mitigation?" you ask. I

hear this a lot. Loss mitigation is a professional counseling

service that works on behalf of you, the homeowner, to negotiate

with your lender to reinstate and/or modify your existing loan.

They take your hardship (reason you fell behind on your

payments) and your financial situation into consideration. Loss

mitigation doesn't rely on credit nor does it take your home or

equity. I hear from many frustrated homeowners that they feel

the lender is not giving them a chance. With a reputable loss

mitigation company negotiating for you, the odds of keeping your

home rise considerably. Just follow this tip: - Make sure the

loss mitigation company you choose is reputable and has

experience.



Considering your options and taking action is half the battle.

Your house foreclosure won't just fade away, so remember; you do

have the power to make a difference.



To Saving the American Dream One Home at a Time.


Copyright Stacey Krech - http://www.helpmekeepmyhome.com

10 Guidelines Every Plaintiff Must Know About Lawsuit Loans

Searching for a lawsuit loan can be a confusing, frustrating, and painful process. Just the fact that you need a lawsuit loan means that you have most likely been injured and had to file suit against someone to recoup damages. You may or may not be able to work and now you are having trouble making ends meet financially. You are in a difficult situation well before you start the process of finding a lawsuit loan which is why I want to share my experience in the lawsuit loan industry with my 10 guidelines. I hope that this makes the process easier for you and allows you to secure a lawsuit loan and to ultimately receive the damages that you deserve.



First of all, let me quickly define a lawsuit loan:



lawsuit loan definition: A cash advance based upon the merits of a lawsuit that provides a plaintiff with sufficient funding to reach the conclusion of the case when the plaintiff will receive his/her fair share of the settlement or verdict. lawsuit loans are not based on a plaintiff's prior credit or bankruptcy status. lawsuit financing companies give non-recourse funding to plaintiffs thus requiring the plaintiff to pay back the advance and fees/interest only upon a favorable decision in the case. If the case is lost then the cash advance is kept by the plaintiff with no obligation. Therefore, a lawsuit loan is not a true "loan" but rather a pre-settlement cash advance also know as: litigation funding, litigation finance, litigation loan, litigation cash advance, lawsuit funding, lawsuit cash advance, lawsuit financing, case loan, case cash advance, plaintiff cash advance, litigant funding, pre-settlement loan, and pre-settlement lending.



The following are my 10 guidelines Every plaintiff Must Know About lawsuit Loans, please read them and understand them as they should help every plaintiff through this difficult time.



10) Understand your case

Almost all personal injury attorneys will tell their client that they have a "million dollar case." We all know that not every case is a "million dollar case." I am not saying that your attorney is incorrect but I am saying that you, the plaintiff, should understand your own case. Familiarize yourself with other cases that are similar to your case. How long did it take to reach a verdict/settlement? Also, research the final verdict and settlement amounts awarded to the plaintiffs in those other cases which should help set expectations on your own case.



9) Lawsuits take forever

Have you ever heard someone say that the were surprised that their lawsuit proceeded so fast? The judicial system of the United States is not known for being speedy and I do not think that will change anytime soon. The odds are that your lawsuit will also take longer than you expect. My suggestion is to expect your lawsuit to take twice as long as your original estimate. This should help set realistic expectations and hopefully you will be pleasantly surprised at how quickly your case concludes.



8) Research lawsuit loans

I have given some background on lawsuit loans in this article but you should continue to learn as much as you can about lawsuit loans before applying for one. There are some good internet sites that give more background on lawsuit loans. Some good sources of information are The Funding Exchange (https://www.thefundingexchange.com/litigation_funding.aspx) and Expert Law (www.expertlaw.com).



7) Be prepared to accept less money

A lawsuit loan is not a substitute for your settlement. It should help supplement your current income so that you are able to pay necessary bills until you receive your settlement. The average lawsuit loan amount (depending on the case type) ranges from $1,000 to $10,000. There are lawsuit loan amounts that fall outside of this range but the majority of lawsuit loan applications ask for an amount within in this range.



6) Start early

I see too many plaintiffs who need a lawsuit loan immediately or else "they will repossess my car!" If you are sure that securing a lawsuit loan is the right thing for you then be sure to apply early since these things can take time (see number 3) and no one wants to have their car repossessed.



5) Use only a respected lawsuit funding company

lawsuit funding companies have popped-up all over the country. Some try to tout their "low interest rates" or how they are the most lenient when it comes to approving lawsuit loans. The truth is that there are respected lawsuit funding companies in the industry that have been doing business for a number of years and they are still in business because they do not try to swindle plaintiffs. I have spoken to over sixty different funding companies ranging from mom-and-pop companies to institutionally funded giants. For every one respected lawsuit funding company I have found another one that will do anything to charge plaintiffs random penalties that make no sense. These senseless penalties help to offset their "low interest rates" and actually end-up costing the plaintiff more of their settlement money in the end.



4) Do not apply with multiple lawsuit lending companies at the same time

When you apply for a lawsuit loan directly with a funding company, they contact your attorney in order to gather documentation and to review your lawsuit loan application. If you apply directly to multiple lawsuit funding companies then you have several companies contacting your attorney at the same time and asking for the same information. Your attorney will become inundated and you may be denied by all of them because companies are now tracking plaintiffs and their applications in order to stop this. A good option is The Funding Exchange. The Funding Exchange is a network of the most respected lawsuit funding companies in the industry. You complete one application on The Funding Exchange (www.TheFundingExchange.com) and your application is intelligently routed to the best litigation funding company for your case. If the funding company declines your application then it is instantly routed to the next best lawsuit funding company and so on until your application is funded (or declined by all of the appropriate funding companies).



3) Be patient

It takes time for lawsuit funding companies to gather the necessary documentation from your attorney and to review your case. It usually takes a lawsuit funding company three business days to make a decision once they have all of the documentation. But, in almost all situations, gathering the documentation from your attorney takes the most time and can sometimes take weeks depending upon how cooperative is your attorney (see number 2 below).



2) Communicate with your attorney

It is absolutely vital that you communicate with your attorney. Every lawsuit funding company needs to review documentation about your case (medical records, complaint, police report, etc.) before approving your funding application since the lawsuit loan is based on the case itself. Your attorney must provide this information to the funding company or else your application will be declined instantly. Make your attorney aware that you are in need of this money and that they should cooperate with the lawsuit funding company by promptly forwarding the requested documentation.



1) lawsuit loans should be a last resort

lawsuit loans are only repaid to the funding company when you win your case. But, when you win your case, the amount owed to the funding company varies greatly depending upon the length of time between the date of the advance and the date when you receive the settlement/verdict money. You should exhaust other means of funding first.





About the author:

tony perkins is the founder and president of The Funding Exchange which connects lawsuit funding sources in the country to plaintiffs in need of a lawsuit loan. The Funding Exchange is not a lawsuit lending company but rather it is an independent 3rd party company that routes a high volume of plaintiff applications every day to its network of litigation funding companies.



Copyright Tony Perkins - http://www.thefundingexchange.com

Identity Theft: The G.I. Blues

Tom Nelson retired from the military almost twenty years ago. In that time, Nelson has spent many years living and working overseas. “If my VA ID is fraudulently used by someone in the States, one: it could take me months to find out the theft has occurred and two: if it did happen God knows how long it would require to fix it from overseas”, Nelson told the Seattle Post Intelligencer.

On May 22 Nelson and 26.5 million U.S. veterans awoke to the news their personal information including name, address and social security number had been stolen from the home of a Department of Veteran Affairs’ employee.

Why the employee took this highly sensitive information home is anyone’s guess and according to the FBI the computer disc containing this information was subsequently recovered. What infuriated veterans however wasn’t the actual theft but that the theft went unreported for two weeks.

The news is shocking yet many veterans groups are not surprised. They point to Congress’ Computer Security Report Card which year after year has given the VA a failing grade. Government auditors also warned of possible security breaches at the agency. Through all of this the VA took no action.

VA Secretary Jim Nicholson’s recent proposal of free credit monitoring for veterans up to one year was shot down by the Bush Administration. According to the Washington Post the decision is based on the opinion of the FBI which stated it had a "high degree of confidence" that thieves had not accessed the files containing the names, Social Security numbers and birth dates of millions of veterans and active-duty military personnel. Hopefully they’re right but for many veterans its now a time of wait and see.

Veterans can however request a credit freeze. Yes it stops the victim from easily opening a new account but a credit freeze is the most effective weapon against identity theft. Checking your account every other day isn’t a bad idea either. For further information and assistance veterans can call 1-800-333-4636 (1-800-FED-INFO).

Peggy Foster, a veteran and VA services asst at the University of Colorado-Boulder, told the Colorado Daily,” It happened to me before and everything was stolen. Now I’m very cautious about giving my information out.”

“The government bombards us with so much in the military. It’s important when you’re a veteran to pay more attention.”

With the glut of information in our 24 /7 world, Ms Foster’s advice applies not only to military personnel but the rest of us as well.

About The Author

Daryl Campbell’s website http://fightidtheft.winthemarket.com provides free tips,resources, featured articles from experts and up to the minute news concerning identity theft and fraud

5 Tips on How to Avoid a False DUI Breathalyzer Result

Let's say you had a drink or two but don't feel you are under the influence of alcohol. However, you are arrested on suspicion of drunk driving and offered the choice of taking a breath or blood test (or, in some states, urine). Most DUI suspects choose the breath test -- a choice which could doom your chances to prove your innocence. Consider the following advice when deciding which test to take:

1. If you smoke cigarettes, you may want to pass on that Breathalyzer mouthpiece the officer is handing you. Scientific research has shown that smoking can raise the test result considerably -- enough to get you charged and convicted of drunk driving. This is because most breath analyzing devices will falsely report acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. However, scientists have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers. ("Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908). Translated: because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.

2. If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone -- and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol. In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. See "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993). To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and confusion -- the same symptoms which the patrol officer is looking for: the clear signs of a person under the influence of alcohol. And the officer's observations are quickly followed by a failing performance on DUI field sobriety tests.

3. Are you on a low-carb diet? Or had nothing to eat in quite awhile? Avoid the Breathalyzer in a DUI investigation -- for the same reasons stated in number 2. Perfectly normal, healthy individuals can experience temporary conditions of low blood sugar after consuming small amounts of alcohol, resulting in exaggerated but false symptoms of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Production of glucose in the liver is stopped while the alcohol is broken down. Result: the blood sugar level will drop, affecting the central nervous system -- and producing symptoms of a person under the influence of alcohol and a higher breath test result.

4. If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so -- to be breathed directly into the breath machine. This is not a good thing. The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio). The Breathalyzer does not "know" that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. Result: false high readings -- and a DUI conviction.

5. When you see that officer in the rear-view mirror, don't reach for the mouthwash or breath spray to disguise the drink or two you've had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so -- just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Some breath machines have a mouth alcohol detector, but these are highly unreliable.

About The Author

Lawrence Taylor is the senior member of an AV-rated law firm of Las Vegas DUI lawyers practicing drunk driving defense exclusively. See http://www.duilasvegas.com/ for more information.

Lemon Law Case Assistance-How to Fight and Win

Some consumers make the assumption that handling their Lemon Law claim themselves saves them money. Before you decide to "go it alone", here are three things that are important to know.

1. Lemon Law Claims are complicated and you will waste much of your time and create unnecessary headaches for yourself.

Trying to research your rights and write threatening letters will usually cause you more frustration than it's worth. Further, if you fail on your own, you will have wasted precious time. Or worse, what if you accept an offer and sign a release which you will regret later (including losing your Legal rights).

2. Consumers have virtually no negotiating power with the manufacturer. They can't cause the economic pain and publicity that a lawsuit can for the Manufacturer.

Knowing the state and federal Lemon Laws does not mean that you will be treated with respect. The car companies still play games, much like insurance companies. If you represent yourself, the manufacturer will likely drag out the case in hopes that you will either go away or take little or nothing to settle.

When you hire an experienced attorney, there are no games. Cases get resolved quickly and the compensation you receive is fair.

3. Consumers get less money!

For the above reasons, attorney negotiated settlements are normally substantially higher than one's negotiated by consumer's alone. Chances are your recovery will be worth substantially less if you represent yourself (and you will have done all the work). Some consumers have been known to accept a month's payment, when they are really entitled to all their money back! If you select a law office that has substantial Lemon Law experience, the manufacturer will already know your Law Firm and what the expected compensation will need to be to settle the claim.

About The Author

Scott Hallman

The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com.