How Does the California Family Rights Act Work?
Everyone who lives in California should dedicate some time to familiarizing themselves with the Family Act. Businesses that are required to grant leave based on this particular Act are all state governmental agencies and any California business that employs at least five people.
The Act requires the business owner/manager to grant leave to any employee who:
- Has just given birth
- Has just had a child placed with them either through adoption or as part of a foster care program
- Needs to handle the immediate care of an immediate family member who has developed a serious medical condition and can not be left unattended for an extended period of time
- An individual who has developed a health condition and needs time to recover (this doesn’t include pregnancy)
- Military reasons
One of the big things the Act does is make it impossible for employers to utilize preference or discriminatory reasons when it comes to who does and doesn’t get left. Now that the Act is in place, anyone who requires the time off for the reasons included in the Emergency Family Act must be given the time they require to adapt to discover their new normal.
You’re not allowed to simply walk up to your manager one day and say that you need time off because of the California Family Rights Act. Whenever possible, such as when you’re anticipating a baby, you should try to provide your employer with at least 30 days advanced warning so that they can make the necessary adjustments to the schedule. If thirty days advanced warning isn’t enough, do try to alert your employer to the situation as soon as possible.
Your employer is legally allowed to require a written certification from a suitable professional that basically confirms your need for the time off. In health-related cases, this proof should come from the attending doctor. If the emergency relates to a pending adoption or the arrival of a foster child, the connected agency should provide the proof your employer requires. While the employer is allowed to request proof that you need the time off, they aren’t allowed to ask for specific details.
While your employer can require that you use some of your paid sick days during the emergency time off, they aren’t allowed to demand that you use any vacation days. Your employer is also required to keep up with your group health benefits, including the portion of the cost that the employer’s shoulders.
When you’re using the Family Rights Act to get time off of work so you can deal with a situation at home, you’re entitled to a full twelve weeks. Most importantly, your employer has to hold your position for the entire twelve weeks.
If you suspect you’re going to need to invoke the California Family Rights Act in the near future, you should talk to your employer now, so everyone is prepared for the situation and can handle it in a stress-free manner.
Can I Be Arrested and Lose My Driver’s License for Speeding
The sight of blue lights flashing in the rearview mirror and the realization that you are going way above the posted speed limit causes everyone to break out in a cold sweat. The faster you’re going, the more likely it is that you’ll find yourself spontaneously worrying about things like, can I be arrested and lose my driver’s license for speeding in California?
Technically, the answer is no. Speeding by itself isn’t a criminal offense, but that doesn’t mean that a traffic stop that starts out as a speeding offense won’t end in an arrest.
The first thing the office is going to want to know is whether you’ve been drinking. They will make a quick assessment of this as soon as they approach your car and start speaking to you. If they smell alcohol or feel that you’re behaving like you’re under the influence, they will conduct a field sobriety test. If you fail, you’ll be arrested. If you’re convicted of a DUI in California, you will lose your driver’s license for a period of time. How long you’re driving privileges are revoked depends on the judge’s sentence and whether it’s your first DUI.
If the officer happens to see something illegal, such as a weapon or drug paraphernalia on your passenger seat, they can use this visual evidence as an excuse to search your entire car. If they find additional illegal items, you’ll be arrested.
One of the most common reasons for a person to be arrested after they’ve been pulled over for speeding is a bench warrant. After they pull you over, the police run a quick criminal background check. If this background check reveals that you have an outstanding bench warrant, you’ll be arrested and required to deal with whatever matter the bench warrant involves.
While you can’t be arrested for speeding in California, the police do have one trick up their sleeves. If they feel that your speeding or the manner you were driving was reckless. While not all reckless driving ticket result in an arrest, the officer does have the right to arrest you if they feel that you’re driving in a manner that’s a danger to society. In California, reckless driving is a misdemeanor. The first time you’re convicted of reckless driving, you could be sentenced to spend up to ninety days in a county jail and fined up to $1,000.
The Danger of Fentanyl | Fentanyl Awareness
When fentanyl was first starting to generate some media attention, the synthetic opioid was a good thing. It was a popular and extremely effective method to treat extreme pain. Doctors commonly prescribed it post-surgery, and patients with advanced cancer often used it to help control their pain. When used in a medical setting and under close supervision, fentanyl is a good thing.
The problem is that illicitly manufactured fentanyl isn’t used in a medical setting.
Fentanyl is extremely popular amongst the manufacturers of illegal drugs because it’s similar to heroin but even more potent. It is extremely common for heroin, meth, and cocaine to be laced with fentanyl. The addition of fentanyl enhances the effect of the other drugs. According to narcotics experts, fentanyl is 50 times more potent than heroin. The addition of fentanyl makes the other drugs extremely popular on the street and allows dealers to charge a premium. The problem is that fentanyl also makes the drugs more dangerous.
The CDC estimates that 150 people suffer a fatal fentanyl overdose every single day.
The symptoms of a fentanyl overdose are:
- Extreme nausea
- Confusion
- Repressed breathing
- Constricted pupils
- Choking sounds
If help is not received shortly after the first signs of a fentanyl overdose, the victim will lose consciousness and stop breathing. If they still don’t receive help, they will pass away. If you are near someone who has taken a suspected fentanyl overdose, calling the paramedics and dosing the victim with Narcan can help them survive the experience. According to LiveScience, Narcan is an effective treatment for fentanyl overdoses, but in 89% of the cases, more than one dose was required.
One of the reasons fentanyl is so dangerous is that some people don’t realize that they are using drugs that are laced with fentanyl or the fentanyl amount is higher than anticipated. The best way to detect the presence of fentanyl in drugs is to use fentanyl test strips which are relatively inexpensive and provide results in approximately five minutes. While the test strips are highly effective when determining if a supply of heroin or cocaine is laced with fentanyl, they won’t provide you with information about other popular and dangerous additives such as carfentanil.
Can I refuse to Perform a Sobriety Test?
You’ve been pulled over, and the police officer says that they suspect you’ve been drinking. They would like you to perform an immediate sobriety test so that they can determine if you’re officially driving while under the influence. At this point, some people meekly comply. Other people wonder if they have the right to refuse to take the sobriety test.
Strictly speaking, in California, you do have a legal right to refuse to perform a field sobriety test, but doing so may not be in your best interest. The problem with refusing to take the field sobriety test is that you could actually be giving the officer an excuse to arrest you so that they can perform a chemical test. In some cases, this is a good situation.
For example, if it’s been a long while since your last drink, it’s possible that your BAC will have decreased by the time the chemical test is administered, though this is rare. What is far more common is that someone who was not completely over the legal limit and who could have possibly passed a field sobriety test has more for the alcohol to be absorbed by the blood so that by the time the chemical test is administered, they have a significantly higher BAC than they did when they were originally pulled over.
By refusing to take the chemical test, you can be held in jail for a full forty-eight hours while you’re behavior is observed. You will also lose your driving privileges for a full year. It’s likely you’ll still be tried for DUI, and if you’re convicted, the sentence may be worse than what you’d have received had you simply submitted to the chemical test.
While the desire to refuse to take a sobriety test when you’re pulled over is perfectly natural, when all is said and done, it’s usually in your best interest to submit to the test.
What is the strangest field sobriety test you’ve encountered?
Stay Safe While Taking Advantage of Online Dating
The days of going to bars hoping to find that special someone are long over. Bar hopping and awkward getting-to-meet-someone scenarios have pretty much been completely replaced by online dating sites. There are several reasons online dating sites are so popular, including the following.
- They’re considerably less expensive than going to bars and ordering drinks night after night.
- Everyone you connect to via an online dating site is genuinely looking for someone.
- You can pursue potential love matches while sitting at home, in your pajamas, while gorging on ice cream.
- You can quickly reject anyone who doesn’t appeal to you simply by scrolling past. There’s no need to worry that you’re going to hurt their feelings or damage their self-confidence.
While there are many perks connected to online dating, there are also a few drawbacks. While most of the people who use the various dating sites are good people, a few predators do occasionally create accounts. The good news is that there are some things you can do to protect yourself while engaged in online dating.
Create a New Email
Do not use any email that you regularly correspond with. Create a brand new email account that isn’t linked to your personal data. Do not attach social media accounts, your address, or your phone number to this email address.
Get a Good VPN
VPNs are designed to protect your location while you’re using the internet. A good VPN makes it look like you’re in one country while you’re really in a different one that’s on the other side of the globe. A good VPN makes it very difficult for anyone you’re corresponding with to track you down. Make sure you have the VPN on whenever you’re using the online dating site or using the email connected to the dating site.
Make Your Photos Generic
Before uploading photos to your profile, carefully look over them and make sure that there’s nothing in them that could give clues to where you live or the places you routinely hang out.
Meet in Public and Drive Yourself
If you’ve connected with someone and think they are a potential match, make sure your first several meetings are in a public place and arrange for your own transportation.
Tell People Where You’re Going and Check-In with Them
The first few times you go out with an internet date, let one or two people you trust know where you’re going, who you’ll be with, and what you’ll be doing. You should also set a time when you’ll check back in with them and let them know how it’s going. If the date is going well and you decide to keep the experience going, let your check-in people know about the change. If the date changes venue at any point, share this information.
The best way to stay safe while engaged in online data is to trust your gut. If you get a funny feeling that the person you matched up with isn’t quite what they seem, you should immediately cut ties and look for a new potential match.
How to Handle a Public Intoxication Charge
Most people assume that as long as they don’t drive after they’ve been drinking, they have nothing to worry about. What they don’t realize is that in California, you can be charged with public intoxication.
While it’s perfectly okay to drink in California, while you’re in public, you’re not allowed to drink to a massive excess. In California, there are two ways your drinking could result in your being charged with public intoxication.
The first is that you can’t be so drunk, you become a danger to yourself and to others. This means that if you leave the bar with the intention of walking home, but are so drunk you’re walking into traffic, picking fights, are doing something that makes the police think you’re endangering either yourself or others, you can be arrested. Its even possible that if you pass out on your walk home and are found by the police that in addition to taking you to the hospital for an exam, they will also charge you with public intoxication.
The other thing you can do that will prompt the police to arrets you for public intoxication is obstructing public ways. If your in the middle of sidewalk, public entrance, or road and people are unable to get around you, you’ll be taken to jail.
In California, public intoxication is a misdemeanor offense. While this isn’t as serious as being accused of a felony, if you’re convicted, you will have a criminal record. It is something employers and anyone else who runs a criminal background check on you will discover. While you can plead guilty to the charges right away, in the long run, it’s usually in your best interest to consult with an attorney who will look at the details surrounding your case and help you decide what the best and least life altering course is.
If you’re convicted of public intoxication in California, the maximum sentence you receive is six months in a county jail and/or a $1,000 fine. It’s common for individuals who are convicted of public intoxication in California to be ordered to take on community service and to pay a fine. In some situations, mandatory substance abuse awareness classes are part of the sentence.
The Best Way to Smoothly Get Through a Traffic Stop
Traffic stops are always a nerve-wracking experience, especially if you’re not sure why the cop is signaling for you to pull over. The good news is that there are some things you can do to make the entire process go more smoothly.
Don’t Try to Run
Many of us have a strange urge to try to run and evade the police, even when we know we haven’t done anything massively wrong. You need to ignore the urge. Not only will you put yourself in a position where you could cause an accident, but you will also get an even heftier ticket and possibly be charged with a misdemeanor. It’s in your best interest to take a deep breath and resign yourself to the fact that you’re getting pulled over.
Stay Calm
Getting upset isn’t going to help the situation but staying calm will. The calmer you are as the officer approaches your car, the smoother the traffic stop will go. Not only will you find it easier to understand what the officer is asking you when you’re calm, but you’re also less likely to do or say something that will irritate the officer. Calm drivers are far more likely to be let off with a warning than drivers who are upset and belligerent.
Find a Safe Place to Pull Over
Yes, you want to pull over shortly after the police signal you to stop, but you have the right to do so in a safe place. If possible, pull over into a parking lot or look for a place with a wide shoulder.
Don’t Argue With the Officer
If the officer writes a ticket, but you don’t think you’ve done anything wrong, don’t start arguing with the officer. It’s unlikely that the argument will do anything but make the situation worse. If you don’t think the ticket is fair, accept it when the officer hands it to you. Once you’re home, you can arrange to argue your case in front of a judge.
Don’t Over Share
When it comes to talking to the officer, you want to speak as little as possible. Yes, you want to be polite. Yes, you should answer their questions honestly. What you don’t want to do is inadvertently say something that could get you into more trouble. If you have passengers, they should remain quiet unless the officer asks them a direct question.
If you follow these tips, the next time you’re pulled over should be a smooth process.
Illegally Using a Handicap Placard in California
It’s so frustrating to drive all around a parking lot and not find any empty places to put your car other than a handful of spaces that are reserved for handicapped parking. All of us are tempted to slide into one of those spaces, especially when we only need the spot for a short time, at one point or another. The reason we don’t is because there is a heft ticket attached to doing so.
While the ticket for parking in a sport that has been set aside for handicapped parking is all it takes for most of us to keep looking for a space at the back of the lot, some people look for a different way to use the prime parking spaces. They create/steal/borrow a placard and use it whenever they want to park close to the building. Few realize just how much trouble they’ll get into for the action. If you’re caught, you could go to jail.
The law that deals with the misuse of a handicapped disability parking placard is California’s vehicle code 4461 VC.
The law does an extremely good job of making it clear that anyone who hasn’t been issued a disabled parking placard is not allowed to use it. When you read through the law, you’ll learn that you:
- Aren’t allowed to lend the placard to another driver with the knowledge that they’ll use it to park
- Allow someone else to use the placard when you’re not also in the vehicle and planning on going into the building
- Aren’t allowed to display a placard that has expired or been revoked
- Use a placard that was issued to someone else
- Create a forged placard
Most people who get into trouble for using a handicapped parking placard when they aren’t supposed to assume that they will be given a ticket and a hefty fine. They’re partly correct. What many don’t realize is that the illegal use of a disability placard is actually fraud and is against the law. Instead of getting a relatively simple citation, you’ll actually be charged with a misdemeanor. If you’re convicted, you could be sentenced to some jail time.
The reality is that most people who are convicted of the illegal use of a disability placard aren’t sent to jail. Some are required to do some community service and pay a fine. What catches some people off guard is how large a fine they will have to pay. The maximum fine for the illegal use of a handicapped parking placard is $1,000. If the judge does decide to include some jail time into your sentence, you could be ordered to spend as much as six months in a county jail.
Are You Being Stalked? Warning Signs To Look Out For
Stalking is a serious problem. An estimated 6.6 million people are involved in a stalking situation, and that’s just in the United States! While the idea of being watched might not seem like a big deal, the reality is that it’s very concerning. Not only does catching the attention of a stalker erode your mental health, but it’s also a crime that can escalate until it culminates in violence. It’s reported that 68% of female stalking victims and 70% of male stalking victims receive threats of physical harm from their stalker.
Don’t assume that only women have to worry about stalkers. While it’s true that one in six women will be the victim of a stalker, men aren’t completely safe. It’s estimated that 1 in 17 men will have trouble dealing with a stalker.
Stalking is something you want to nip in the bud, which is why it’s so important to recognize the early signs that you’ve attracted a stalker.
Pay Attention to Your Surroundings and Be Alert to Familiar Faces
Stalkers often depend on people not being very aware of their surroundings. Being distracted by a cell phone or simply being focused on one thing allows stalkers to get quite close to the person they’re following without ever being noticed. Whenever you’re running errands or even when you’re just hanging out in your yard, be alert and constantly look around you. If you keep seeing the same person over and over again in different locations or near your home, it’s likely that you have a stalker.
Don’t assume that a stalker is always a stranger. If you keep running into the same relative, friend, acquaintance, or romantic interest in random places, it’s possible that they’re stalking you.
You Keep Getting Strange Calls
If you keep getting weirdly random calls, they can either be hang-ups, or they can be from someone who repeatedly claims to be dialing the wrong number, or they could be from someone who simply calls to chat too often, it could be a sign that you’ve attracted a stalker.
Unexpected Gifts
Sure, the random bouquet of flowers or an occasional box of chocolate from a secret admirer is fun. But when the gifts keep coming, and the person continues to conceal their identity, the gifts are usually an indicator of a stalker. Even if you know the person who is sending you gifts, if they are excessive or if they are inappropriate, it’s time to take steps to ensure your safety.
Pay Attention to Your Internet Interactions
Internet stalking is a growing problem. The internet provides people with a way to fixate on a person and keep tabs on them at all times of the day or night. It’s not uncommon for internet stalking to be paired with real-time stalking. It’s important to understand that internet stalking is every bit as dangerous as traditional forms of stalking.
Signs of internet stalking include large numbers of texts/emails/DMs from a person. They can also frequently comment on your posts. In most cases, internet communications become increasingly forceful and demanding.
Recognizing that you’re being stalked is the first stage in safely extracting yourself from the situation. The next step is knowing what to do about your stalker.
How to Protect Yourself from a Break-In in California
The first thing you need to do is make sure you’re in the habit of really locking up your home, both while you’re away and while in residence. This doesn’t just mean bolting the front door. Go through your house and make sure all the doors that lead to the exterior are locked. Next, do the same with your windows. This is also an excellent opportunity to check the quality of your locks. Make sure that they are in good repair and that they actually keep the door and window locked.
Don’t Be Ostentatious
Don’t make your home look like an appealing risk to robbers. This means you shouldn’t leave your expensive toys lying in the driveway. You also shouldn’t brag about all the valuables you have in your home. Living a quiet life and keeping all of your treasures tucked away might not seem like fun, but it will keep you and your personal property safe.
Be Smart with Your Spare Key
The best thing you can do to keep your home safe is to fit your door with a keypad and routinely change the code, but if you still use a key to open your doors, don’t leave a spare key tucked in a flowerpot or under your welcome mat. In fact, don’t leave the key anywhere outside where it could be found by a would-be thief. Keep your key on your person or tucked in a safe place in your car.
Burglar Proof Your Front Yard
Burglars are attracted to homes that provide a great deal of natural coverage or places where they can hide whenever someone drives past. Removing hedges, shrubs, sheds, and trees that are near your home will deter them. You should also set up a few motion-activated spotlights, yes, any passing wildlife will activate the lights, but they will also cause a burglar to look for a different place to rob.
The best way to make sure your home remains safe, especially while you are away, is to be discreet about what you share on social media. Don’t talk about your vacations and other trips until after you’re home. The last thing you want is to broadcast the fact that your home is unprotected.