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The Law Frog on KILO 94.3 – April 27, 2022

On the third Wednesday of every month, David McDivitt joins KILO 94.3 to answer legal questions from callers in Southern Colorado. Being a part of the morning show on KILO 94.3 is a dream come true for David, who had always aspired to be a rock star. David’s talents lead to him practicing law over practicing sick guitar rifts, but this lets him help people in need AND rock out with other music fans. Tune in from 8am-9am to hear some of the fascinating legal situations David addresses. If you have any questions of your own be sure to call in: 719-633-KILO or submit a question here.

April 27th, 2022

Legal Issues Covered This Week

Caller: We had several people asking if Will Smith could be facing criminal charges for slapping Chris Rock. What is your take, David?

David: It seems unlikely this will result in any criminal charges, especially since Chris Rock declined to press charges. The DA can unilaterally decide to press criminal charges, but this is uncommon when there is no willing victim. As far as civil court, those suits are totally separate. Chris Rock could sue for Will Smith in a civil case, on the condition he provided evidence of damages. In this case it would not be physical, so much as the negative repercussions this incident had on his reputation and public image.

Takeaway: Very unlikely for there to be criminal charges. You can still sue for money in civil court even if you do not press criminal charges.

Caller: A W2 employee says he is paid by the hour, but his status is changed between independent contractor, to hourly worker when it benefits his employer. They do not pay for his insurance or business expenses (tools, vehicles), and he has lost on potential earnings.

David: Call an employment lawyer. If you have a W2 employee there are labor laws that dictate how you compensate someone, and how you construct benefits. It sounds like there is a case here, but it will need to be reviewed by an attorney to assess the specifics. If you make a claim against someone, in this case an employer, they aren’t supposed to retaliate and fire you, however, it doesn’t always work out in your favor. Please see an attorney to get counsel, but you may have to be prepared to leave this job.

Takeaway: Contact an employment lawyer. There are laws in place to protect workers.

Caller: Is it legal to be asked to present an ID every time I purchase cigarette? I am a 60 year old man and feel this is unnecessary.

David: While I understand this may be annoying, it is not a violation of your 4th amendment rights. This is not excessive or unconstitutional violations of your privacy. By law, establishments need to verify that buying certain age restricted items, such as tobacco products and alcohol, are not being purchased by underage people. There also may be corporate policies that require clerks to verify every customer, or POS systems that may not be able to process a sale without scanning an ID.

Takeaway: Businesses are entitled to their processes.

Caller: A caller who recently had covid went to a hospital looking for alternative medicine not approved by any governing medical bodies. He was denied the treatment he requested. Does he have a case?

David: A healthcare provider does not have to provide what you want, but rather what the hospital deems the appropriate level of care. You cannot conduct your own independent research and demand a provider to administer unverified, or unproven, methods.

Takeaway: Healthcare providers are at their discretion to provide what they see as medically reasonable and acceptable.

Caller: 27 years ago George was given a DUI and has been denied a license ever since. He has been pulled over several times and cannot present a valid ID. He was on probation for his DUI, but does not have any outstanding issues or payments.

David: This is an interesting call! You will have to do some digging, but the case was most likely closed 26 years ago. Find any information you can and you will have to file a case with the DMV. Something must be lingering here!

Takeaway: Start with the DMV. You will need to get in front of someone who can tell you why this happened. A lawyer could be an option, but the best place to start is to use the resources available through the DMV. Try and get this resolved as soon as possible, because this would be a serious issue if you were to be involved in an accident.

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