Michael Phelps embarrassed himself again after a triumphant Olympics, this time getting his picture snapped as he inhaled from a marijuana pipe. The photo wound up in a British tabloid Sunday, forcing Phelps to publicly apologize and his handlers to deal with sponsors who are surely none too pleased about the swimmer’s choices away from the pool.

“I engaged in behavior which was regrettable and demonstrated bad judgment,” Phelps said in the statement released by one of his agents. “I’m 23 years old and despite the successes I’ve had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me. For this, I am sorry. I promise my fans and the public it will not happen again.”

It all sounded so familiar, with good reason. After the 2004 Athens Games, an underage Phelps was arrested for drunken driving, pleaded guilty and apologized to his fans, saying he wouldn’t make the same mistake again.

This was different, to be sure, but it could have the same damaging impact on Phelps’ image and reputation, which were riding high after he won a record eight gold medals at the Beijing Games.

“Michael is a role model, and he is well aware of the responsibilities and accountability that come with setting a positive example for others, particularly young people,” the U.S. Olympic Committee said in a statement. “In this instance, regrettably, he failed to fulfill those responsibilities.”

News of the World said the picture was taken during a November house party while Phelps was visiting the University of South Carolina. During that trip, he attended one of the school’s football games and received a big ovation when introduced to the crowd.

While the newspaper did not specifically allege that Phelps was smoking pot, it did say the water pipe is generally used for that purpose and anonymously quoted a partygoer who said the Olympic champion was “out of control from the moment he got there.” Phelps and his advisers did not dispute the authenticity of the picture.

The party occurred nearly three months after the Olympics while Phelps was taking a long break from training, and his actions should have no impact on the eight golds he won at Beijing. He has never tested positive for banned substances, and this case doesn’t fall under any doping rules.

Phelps’ main sanctions most likely will be financial — perhaps doled out by embarrassed sponsors who could reconsider their dealings with a swimmer who hopes to earn $100 million in endorsements.

Phelps was in Tampa, Fla., during Super Bowl week to make promotional appearances on behalf of a sponsor. But he left the city before Sunday’s game between the Pittsburgh Steelers and Arizona Cardinals, abandoning his original plan to be at Raymond James Stadium.

USA Swimming said its Olympic champions are “looked up to by people of all ages, especially young athletes who have their own aspirations and dreams.”

“That said,” the governing body added in a statement, “we realize that none among us is perfect. We hope that Michael can learn from this incident and move forward in a positive way.”

Phelps was part of a group of elite athletes who agreed to take part in a pilot testing program designed to increase the accuracy of doping tests. His spot in the program could be at risk, said Travis Tygart, head of the U.S. Anti-Doping Agency.

“For one of the Olympics’ biggest heroes it’s disappointing, and we’ll evaluate whether he remains in that program,” Tygart said. “But some good education comes from this because he’s going to suffer some penalties.”

Marijuana is viewed differently from performance-enhancing drugs, according to David Howman, executive director of the World Anti-Doping Agency. An athlete is subject to WADA sanctions only for a positive test that occurs during competition periods.

“We don’t have any jurisdiction,” Howman said. “It’s not banned out of competition. It’s only if you test positive in competition.”

Phelps returned to the pool a couple of weeks ago to begin preparations for this summer’s world championships in Rome. He plans to take part in his first post-Olympics meet in early March, a Grand Prix event in Austin, Texas.

His longtime coach, Bob Bowman, did not respond to phone and e-mail messages. Instead, he issued a terse statement through Phelps’ agent.

“He regrets his behavior, and I’m sure he’ll learn from this experience,” the coach said. “I’m glad to have him back in training.”

In his book “No Limits: The Will to Succeed,” Phelps recounted the embarrassment of his DUI arrest in 2004, a couple of months after winning six gold and two bronze medals in Athens. His mother, Debbie Phelps, cried when she heard the news.

“That hurt worse, maybe, than anything,” Phelps wrote. “I had never seen my mother that upset.”

Olympic teammate Dara Torres said Phelps has become such a prominent figure that everything he does is news.

However, she said: “This in no way, shape or form diminishes anything he’s done.”

“It’s sort of a double-edged sword,” Torres told the AP on Sunday. “When you’re recognizable, you’re looked up to as a role model. He is recognizable and everything you do gets looked at and picked apart. I guess that’s the price of winning 14 Olympic (gold) medals.”

Jason Lezak, whose remarkable anchor leg of the 400-meter freestyle relay helped Phelps stay on course to break Spitz’s record, said he was “saddened” to hear of the report.

“While I don’t condone his conduct, I am a teammate and fan,” Lezak said in a text message to the AP. “Unlike many fair-weather people, I am sticking by him. If my wife and I can help him in any way, we will. I believe he will grow from this and be a better person, role model and teammate.”

During the 1998 Nagano Olympics, Canadian snowboarder Ross Rebagliati was stripped of his gold medal in the giant slalom after testing positive for marijuana. The victory was reinstated because the sport’s governing body did not have a rule banning the substance.

Later that year, Olympic swimmer Gary Hall Jr. drew a three-month suspension after testing positive for pot.

“It’s one of those substances that every year there’s debate over it,” said Howman, the WADA official.

___

AP Sports Writers Beth Harris in Los Angeles, Eddie Pells in Denver, and Chris Lehourites and Steve Wilson in London contributed to this report.

For those of us here in San Diego, this is not good news.

Chargers wide receiver Vincent Jackson was arrested on suspicion of driving under the influence 2 a.m. Tuesday morning in San Diego, authorities report. He was booked into county jail and was released by 6 a.m.

Jackson faces the misdemeanor DUI allegation as well as charges that he was driving on probation for a prior DUI. The results of his blood test are pending.

Chargers General Manager A.J. Smith issued the following statement on Jackson’s arrest:

“We’re aware of the off-the-field issue involving Vincent. Obviously we’re disappointed. We take these issues very seriously. Moving forward, we will monitor the situation and have no further comment.”

The Chargers face the Pittsburgh Steelers in a divisional playoff game on Sunday, January 11th, at Heinz Field in Pittsburgh. Jackson was at his career best in the 2008 season as the Chargers’ second-leading receiver with 59 catches and 1,098 yards. He also scored 7 touchdowns.

Driving under the influence (DUI) occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit.

Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation of a car ignition locking device.

For more information on DUI, visit LawInfo’s free legal resource center.

Keep it together, Chargers!

Happy New Year Everyone!  Celebrate and enjoy your holiday.  Be safe and stay out of trouble – don’t drink and drive!

I’ve been watching a marathon of Mad Men.  Even if you’ve only seen one episode, you know those mad, mad men (and women) drink a lot!  My goodness!  In one particular eposite, a bottle or two of vodka was thrown back before jumping in the car to drive home.  I don’t know how strict the impaired driving laws were in Mad Men times, but I do know that drinking and driving is taken quite seriously under the law today.  Over one million adults per year are estimated to be arrested for driving under the influence (DUI) of alcohol or illicit drugs.  The question is often asked… how many drinks does it take to get a DUI?   Guess that means our generation isn’t far from what we see on Mad Men… 

Every State has passed a law making it illegal to drive with a BAC of .08 or higher. A driver also can be arrested with a BAC below .08 when a law enforcement officer has probable cause, based on the driver’s behavior.  So, how many drinks will put your BAC over the legal limit?

According to the National Highway Traffic Safety Administration (NHTSA), a typical drink equals about half an ounce of alcohol (.54 ounces, to be exact). This is the approximate amount of alcohol found in:
■ one shot of distilled spirits, or
■ one 5-ounce glass of wine, or
■ one 12-ounce beer.

For a 175 lb. guy, just two or three drinks could result in a BAC around .08.  For a 125 lb. woman, just one or two drinks could result in BAC over the legal limit.  See the BAC impairment chart on the Substance Abuse and Mental Health Services Association website, which is an agency of the U.S. Department of Health and Human Services. 

The bottom line is this…. regardless of how many drinks it takes to get a DUI, it only takes one cab ride home NOT to get one.   Be smart.  Be safe.  Don’t drink and drive.

Between the Thanksgiving holiday and the end of the New Year’s weeknd, DUI arrests are at a high point.  As millions of Americans hit the roads for the holiday season, law enforcement implements a nationwide crackdown on drunk driving in an effort to help save lives and prevent injuries.

The enforcement crackdown typical includes increased use of sobriety checkpoints and increased patrols. 

As stated on the NHTSA website:

The blood alcohol concentration level of .08 is the illegal level in all 50 states and is the point at which the fatal crash risk increases significantly. At that point, all of the critical driving skills are affected: braking, steering, lane changing, judgment and response time. The risk of a driver dying in a crash at .08 BAC is at least 11 times that of drivers without alcohol in their system.

If you find yourself in the unfortunate situation of being arrested for a DUI this holiday season, remember that you should speak to an attorney as soon as possible.  In some states, you may be allowed to speak to an attorney even before you submit to a chemical test to measure your blood-to-alcohol limit. 

Because drunk driving laws are complex, you not you will be much better off with the advice and representation of an experienced drunk driving attorney – one who knows the enforcement  procedures, is well versed with the different sobriety tests and their varying accuracy levels, and understands how best to protect your rights.

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

If you’ve been arrested, you and your family are undoubtedly very concerned about what will happen to you.  Here are a few tips about what NOT to do, and what TO do if you’re been arrested.

WHAT TO DO: First and foremost – contact a criminal attorney in your area as soon as possible.  An attorney can help you get released, or can help you post bail, and will also explain your legal options.  Most importantly, an attorney will basically take over in terms of dealing with the police and with the prosecuting attorney. To find a criminal defense attorney in your area, click here: www.lawinfo.com.

You may be able to get out of jail either on your “own recognizance,” whereby you promise the court you’ll return at a later date and they believe you, or by posting bail.  Bail is basically money given to the court in exchange for your promise to return to court at a later date.  If you can’t post the entire bail amount, you may be able to get a bail bond by paying a bondsperson a bail premium.  If bail is set excessively high, your attorney may be able to negotiate it down with the court. 

WHAT NOT TO DO:  Remember – you have the right to remain silent and have an attorney present during police questioning. So, BE CAREFUL WHAT YOU SAY!  Even if the police aren’t in immediate earshot… they might still be able to hear anything you say, including in the police car, in the prison yard, or elsewhere on the jail grounds. Also, don’t make any decisions about what to do in your case until you talk to your lawyer – this includes decisions about whether or not to take a plea bargain, comment on another case, provide information about other suspects or discuss any of the facts of your situation.   

Also, don’t get into more trouble by having a bad attitude, “mouthing off” or getting into fights. Altercations with the police, prison guards or others in jail is only likely to make your situation worse, not better.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

LawInfo’s Attorney Directory. LawInfo’s Lead Counsel Program provides a simple, convenient, and reliable way to find qualified legal representation you can count on. LawInfo conducts an extensive screening and selection process before attorneys are listed in the directory, including multiple peer recommendations, license certification and in-house verification that the attorneys are in good standing with their state bar associations. 

LawInfo also provides a comprehensive profile for each attorney that outlines their experience, education, areas of practice, fees, and perhaps most importantly, their general philosophy of practicing law. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost that may be involved for your case, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged. For more information see www.lawinfo.com.

Personal Referrals. Asking someone who has been in a similar situation to the one you’re facing may yield some good recommendations.  Do your friends, family members, co-workers or employers know of any attorneys who’ve dealt with this kind of thing?  How was their experience?  Did they like their attorney?  Were they satisfied with the outcome?  Did their attorney do a good job for them?   After you’ve spoken to a handful of people, you may come away with several referrals.  You might take your inquiries out into the community as well – don’t be afraid to ask teachers, doctors, social workers, ministers or other lawyers in your community for the name of an attorney.

Certified Lawyer Referral Services. State Bar associations may have a certified lawyer referral service program. This type of service refers potential clients to program attorneys after interviewing them to determine details of the situation. (There is usually a small charge for the initial consultation with a lawyer.)

Advertisements. Many law firms advertise in the Yellow Pages, newspapers or other local publications in your area.  However, the ads may only give you basic information such as firm name, address, and practice areas, which unfortunately isn’t much help when it comes to figuring out if the attorney will be the right fit for your situation.

Public Interest Groups. Non-profit public interest organizations, such as groups concerned with civil liberties or the environment, may be able to help.  These groups may have staff attorneys who might be able to handle your individual case, while others provide legal help to groups of people. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection.

Free Legal Aid or Pro Bono Lawyers. While many attorneys may offer free consultations, most private attorneys charge a fee for their advice and representation.  However, there may be free legal aid agencies or low-income legal clinics that may be able to help you with your legal issue if you simply can not afford an attorney.  Some private attorneys may even take your case on a “pro bono” basis, which means the fees (or a portion of the fees) may be waived. 

Dispute Resolution Programs. Many communities have programs that can help you and another person “mediate” or work out problems instead of going to trial.

Prepaid Legal Services Plans. Similar to medical insurance, this “legal insurance” may cover the kind of legal work you need. Typically, the premiums you pay entitle you to a certain amount of a lawyer’s time or to a lawyer’s services at a reduced rate.

Remember: never make a decision about an attorney solely on the basis of someone else’s suggestion. An attorney’s style and personality cannot be entirely gauged by viewing a web site, yellow page ad or a simple phone conversation. Don’t make up your mind about hiring an attorney until you’ve met with them, discussed your case, and decided that you feel comfortable working with them. The bottom line is that there are many, many attorneys; you just need the “right” one.

For more information, contact a Lead Counsel attorney in your area today. LawInfo’s Lead Counsel attorneys can be found in virtually every area of law, including personal injury, criminal law, immigration law, family law, and business law, and are available to provide skilled and qualified legal representation.