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gnd1234

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  1. I have recently been charged with a DUI (1st offense) and am seeking advice in preparation for my upcoming court date...specifically in regard to whether I have any hope for a defense. Immediately after consuming two extremely strong margaritas I was stopped at a roadblock & was ultimately arrested. My BAC was just under .11 according to the breathalyzer; upon reaching the jail I consented to a blood test; however after numerous attempts they were unable to collect a sample. Incidentally an acquaintance of mine was also arrested driving a separate vehicle and no blood could be taken from him either. I plead not guilty at my arraignment; while there I observed that the charges against the acquaintance, who'd hired a lawyer, were dismissed due to no blood sample being taken. Apparently the officers had not requested he take a breathalyzer. This may be of no significance, but I find it interesting. I am wondering whether I have any hope at all of this ending without a DUI conviction...Knowing this would determine if I hire a lawyer vs simply pleading guilty. Any help would be greatly appreciated.
  2. Thank you for your replies. For what it's worth I've included the job offer I spoke of...
  3. I recently began a new job with a company that contracts services to various sites throughout the region. At the time of my hire I was told the site where I would be assigned initially would be closing in the near future, at which tine my coworkers and I would be transferred to other locations. We have since learned that we will likely remain at our present site for longer than expected, however we would be responsible for less duties therefore our hourly wages would decrease. In other words, we will be working the same amount of hours but doing less for a lower rate of pay. The employment agreement I entered into at the time of my hire states that there is no guarantee of shift, days off and/or job location, however there is no mention of anything to imply my rate of pay could or would change. I'm wondering if this is legal...
  4. I appreciate your responses. Although I am very disappointed in the sittuation, I have begun seeking alternative employment.
  5. Early last month I received & accepted a new job offer with a security company. Immediately after I began a two week training course at the reginal office located 100+ miles away. My hotel accommodation were provided however I was responsible for the cost of transportation, food, etc. Initially I was to begin working at my job site on July 18th, however on the final day of training I learned that there would be a slight delay of 3-4 days before I would be able to report for duty due to an issue with my new hire paperwork (i.e. waiting for a signature at the corporate level.) Nearly 3 weeks have since past and I have still not began work. I have been in regular contact with my site supervisor as well as the regional manager and HR; all of whom keep telling me it'll be any day now. I received my first paycheck last week for the time I spent in training; however, I have no further income coming in until I begin working. Obviously my patience is running thin and I'm wondering what rights (if any) I have at this point. "Officially" I am an employee of the company; I have been issued uniforms & am on the payroll. I am also on the schedule at my job site, although my coworkers have been working OT to cover my shifts while we wait for what I am told is a simple signature.
  6. He retired in 2006. It's my understanding that she was to receive her share directly from the plan administrator, not my dad and according to the QDRO mom was to keep the plan administrator informed of her address etc., which I'm assuming she did not do. Perhaps that is why she never received it. Regardless she hadn't made any attempt to collect her payments prior to now.
  7. I am posting on behalf of my dad; My parents divorced 20 years ago. At the time my father had a pension plan with his employer; a QDRO was written stating that upon his retirement my mother would be entitled to a certain portion of his benefits upon his retirement to be paid out in her request. My mom eventually moved, remarried and began a new job. In the years since she has been promoted several times and now makes a considerable salary. Recently however my stepfather lost his job and the loss of his income apparently reminded her that she was still entitled to a portion of my dad's pension and she contacted his plan administrator in order to begin receiving payments. At this point the payments have not yet started, in fact the administrator denied her request due to not having submitted the correct documentation but in the meantime my dad acquired a copy of their divorce records and based on what I can tell from reading it's contents, she'll likely get it. That being said, I'm wondering if there is a statute of limitations perhaps on this sort of thing, and if not does my dad have any other of type of recourse in the matter?
  8. I believe someone in the personnel department was helping him provide documentation to the government so he could be reimbursed for the cost of a training program he completed related to his occupation and at some point in the process they (the personnel dept) were supposed to send in a form containing the updated bank info. Since I'm not totally clear on the details perhaps it would be better if I posed the question a different way: Is it legal for his ex wife to keep the money or does he have any recourse in the matter?
  9. I'm not sure if this is the right category, please let me know if it is not. Posting for a friend: My ex wife and I divorced several months ago. Immediately after our divorce I updated my bank account info with my employer to ensure my GI bill would be deposited into my new account rather than the previous account I shared with my ex spouse. Unfortunately the check was still deposited into that account & subsequently withdrawn by my ex. I have no idea where to go from here, such as who to contact or what possible legal avenues I might have to recover the amount. Please help.
  10. Honestly I'm not sure. I guess I'm hoping for some reassurance that if I was going to be arrested it would've happened that night. Perhaps the detectives threat to issue a warrant if I didn't admit to the crime was a scare tactic...I'm certain it would have worked if I'd been guilty.
  11. Two nights ago my husband and I stopped at Walmart for a few items; afterwards as we walked across the parking lot we were approached by a woman who claimed she had witnessed me removing merchandise (an ink cartridge) from its packaging in the restroom. She didn't identify herself and I initially thought she was a scam artist or perhaps had mistaken me for someone else. She eventually demanded that I return to the store with her, stating that she would call the police if I did not. I told her to do whatever she felt was necessary; then we left and went grocery shopping a few blocks away. A hour or so later as we were returning home we were pulled over; we were told that there was a bolo for our vehicle and that a detective from the neighboring county where the Walmart is located would be coming to speak to me. Upon his arrival I was questioned regarding the earlier incident and asked if I would concent to a search. Annoyed but wanting to be cooperative I agreed, however instead of completing the search the detective became abrasive and began accusing me of "ditching" the stolen merchandise and told me that unless I admitted to stealing the item a warrant would be issued for my arrest. I even tried to explain that I don't even own a printer but nothing I said or did seemed to make any difference. Finally after what seemed like an eternity I was allowed to return to our truck and within minutes one of the original officers stated that we could go home. The ordeal has left me quite upset and my innocence does little to ease my apprehension. The thought of being arrested and charged with a crime I didnt commit is freaking me out. I'm not sure what, if anything, I should do now so I'd appreciate any input or advice I can get. Thank you.
  12. I am seeking advice in regards to my upcoming unemployment benefit appeal hearing. The following is a summary of the situation however I will gladly provide additional details as needed. I was terminated from my low level management position at a supermarket chain after I failed to retain an itemized receipt associated with a refund. I was unaware that it was necessary to keep refund receipts as I was never required to do so in the past. But as luck would have it a coworker who I did not particularly get along with in the past had been recently promoted to office manager. She brought it to the attention of my general manager who in turn verbally counseled me on the matter and the issue was laid to rest. The office manager subsequently contacted the corporate office and I was discharged a week later. My former employer maintains that it was store policy to keep refund receipts yet the associate handbook does not contain any policies directly related to or containing any mention of refunds. There is however an item within the code of conduct section that refers to the mishandling of cash, coupons, etc. In a statement provided to the unemployment board my former employer claimed that I performed a fraudulent return which resulted in a loss to the store. However they admit that the video recording did not show me removing any cash from the till and I feel it is important to note that there were four cameras recording my actions as I removed my till from the register, counted the till, and placed it in the safe. I was sure to include this in my statements to the unemployment board along with the fact that my till was not short on the evening in question. A subsequent statement provided by my former employer says, “There was no actual shortage because this was a fraudulent refund….We do not know what happened to the money.” Is it possible to win my appeal? Can my employer claim that I caused a loss when there is no evidence to support this?
  13. Thank you for taking time to respond to my question.
  14. I lost my job a couple months ago. Thankfully I begin a new job tomorrow. However I am concerned because I just learned my new employer requires direct deposit which if I understand correctly, I must accept as a resident of KY. This poses a problem for me because my bank acct is currently overdrawn nearly $200 due to several automatic drafts that occurred during my time of unemployment. The job I have taken is far from ideal as it is part time & does not pay well; after taxes my first paycheck is unlikely to cover my overdraft fees etc. I have read the KY stipulates that an employee can only be forced to accept direct deposit if they can withdraw their entire check w/out incurring fees. Does this apply to the fees which I spoke of? I intend to correct my bank sittuation asap at which point I would not be opposed to direct deposit however I obviously need to retain some funds from my initial check for food, gas, etc.
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