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Guy Henry Haskell
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Guy Haskell’s Answers

185 total


  • What is a typical outcome for an under age DUI involved in a non-injury accident? This is a first offense with no other arrest.

    This person has never received as much as a ticket for anything.

    Guy’s Answer

    There is a lot of variability to the answer to this question, because in involves many factors, such as; what county was it in? What caused the police to pull him over? How high was his blood alcohol content? what was his behavior and attitude toward the police? How old was he? How did he do on his field sobriety tests? Did the police follow proper procedure? In my experience in south central Indiana, he will be offered something close to the following: one year probation, 90 to 180 day driver's license suspension, alcohol evaluation and treatment as directed, 25-50 hours community service. Some courts require some jail time (usually about 5 days). It also depends if he is over 18 and if the case will be in juvenile or adult court.

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  • My out-of-state elderly mother lives alone, threatening suicide while talking to me on the phone. Do I call her local ER dept?

    She says that she'll just deny anything is wrong, to the ER medics, if I dare to call for help and that she'll say that I'm lying. Are the Tennessee ER medics required by law to take this seriously and not be manipulated by her denials? Are they s...

    Guy’s Answer

    I can advise you in this case in my role as a licensed paramedic, not my role as an attorney. EMS and police will respond to any report of a threat of suicide. However, as long as your mother is conscious, alert, oriented, and does not show signs she is impaired or not competent to deny treatment, they have no legal standing to force her to go to the hospital. If they do determine she is not competent to refuse and is a threat to herself or others, they may get an order for an involuntary detention, and here each state differs.

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  • Falsely accused of aiding and abetting, considering lawsuit

    On the afternoon of June 14, 2014, I was going for a walk approximately a mile and a half and the route I took was in the middle of an accident (and had no warning beforehand) An officer then confronted me saying I was with another person...

    Guy’s Answer

    Although unpleasant from your description I don't see that it is actionable. To sue there needs to ask for relief, that is for the court to order an injunction against the other party from doing something, or damages, which means money. In this kind of case the only damages you could really sue for are from the "intentional infliction of emotional distress," which is difficult to do and would require you to prove financial harm (i.e. as a result of his actions you had to seek treatment in a mental health facility; or it caused PTSD that affected your income, etc.) The bar is very high here. If every jerk were sued for being a jerk, the courts would be even more congested than they already are. I am not being insensitive to your hurt, just being realistic as to your legal chances.

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  • Charged with Residential Entry, Resisting, Illegal Alcohol Consumption.

    I am on probation for a D-felony theft and A-mis. battery what are my chances of not doing prison time ?

    Guy’s Answer

    Your situation is very much dependent on the prosecutor in the new case and the probation department in the old. A condition of your probation is to not commit any new crimes, which you violated with the new charges. Depending on the terms of probation, you may also have violated probation by consuming alcohol. It is up to the probation department whether they will file (they probably will) a motion to revoke your suspended sentence. Then it is up to the judge, usually with the input of probation and the prosecutor, to decide to 1. revoke the whole suspended sentence, 2. revoke part of the suspended sentence, or 3. either deny the motion or come up with a creative plan, such as house arrest, daily reporting, alcohol and drug treatment, etc. As far as what the prosecutor will ask for on the new charges, it all depends on the prosecutor and the circumstances. The fact that the new offence occurred while you were on probation ain't good. If drugs or alcohol are at the root of your involvement with the criminal justice system, you need to talk with your attorney about options that involve treatment--assuming you are ready and willing.

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  • Can I sue my moms primary physician?

    She complained 8 months ago of symptoms that we know now was ovarian cancer. She continued to keep the same complaints only adding more as time went on. Her condition worsened and so did her other issues because of the stress her body was under tr...

    Guy’s Answer

    The simple answer is that you can of course sue. The question is what are the chances of prevailing in a law suit alleging medical malpractice. It is impossible to know from your description whether the primary care physician was negligent or not. For that you will need to consult with an attorney experienced in malpractice cases. Such cases are very expensive to litigate so attorneys will usually not take them on unless there are real issues and there is a good chance of winning in court.

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  • When a roof's house has been totally redone, does its warranty get passed on to a new owner when the house gets sold?

    I bought a house in July 2012, the previous owner disclosed that the property had to have the roof fully repaired since there was a big hail in 2011. 2 weeks ago, a leak of the roof appeared and damaged the ceiling. I called the roofing company an...

    Guy’s Answer

    If you can demonstrate that the damage was the result of the company's faulty repair, you can sue them in small claims court. Since this was not a re-roof but a repair, it may be difficult to prove that claim. In general, the warranty goes with the house, but you would have to check the agreement between the company and the previous owner.

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  • I was disqualified from a job because of something that was in the background investigation that was not me !!

    I was disqualified from a job because of something that was in the background investigation that was not me !! the reason the postal service said that I was disqualified because of a conviction in 2009 but the background is wrong not the right pe...

    Guy’s Answer

    You may have a cause of action against the agency but it will be a very tough nut to crack. They have all kind of disclaimers when they provide information regarding their liability if they provide inaccurate information. And of course they also have an army of lawyers ready to defend themselves. It will also be very difficult to prove you were denied employment because of their report. However, if they refuse to correct the erroneous information, you may be able to sue them for injunctive relief, that is convince the court to require them to correct the information in the future. Did you address the inaccurate report with the employer?

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  • Can my employer round down my time if i clock in one to six minutes late?

    My employer wants to round all times down even if it is less then seven min. I will also be fired if it happen more then three times.

    Guy’s Answer

    That is a tough question. Indiana is a "right to work" state, which really means it's a right to fire you for whatever reason state. So if your employer has a policy that you can be terminated for even one instance of lateness it is difficult to contest. You may have a cause of action regarding the rounding down issue, because he does have to pay you for the time you work. BUT, he also can dock you for the time you are late. Practically, the bottom line is. even if you were to win in court, which is doubtful, you would still be out of a job.

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  • What can I do about my sister who will not let me and my kids see my sickly father and I believe she is stealing from him.

    My mom died in July. My dad is alive but he is sickly (not sure how his mind is because my sister won't let me go to doctor visits with him) and my sister has moved in to take care of him. She keeps him upstairs in bed all day and only feeds him ...

    Guy’s Answer

    From your description of the circumstances I cannot understand why adult protective services would not be all over this. You should keep trying to find an attorney to assist you. This is a very difficult situation and you will need an attorney knowledgeable in family law to guide you.

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  • Pregnant & fell on the job. HR is making me go to a company doctor with my boss

    I fell at 28 weeks pregnant while walking into work on black ice in employee parking. I went to my physician and he said I needed a few days off. Went back to work but now my chiropractor is saying I should not because I have a sprained muscle in ...

    Guy’s Answer

    One issue may be the fact that you wend to a chiropractor instead of an MD. Chiropractors do not have the status of MDs in determining workers compensation. Not sure what a medcheck is, but your employer has a right to have you checked out by a physician.

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