Saturday, May 23

Chamisa Preparing To Expel Mwonzora & Komichi From MDC

MDC leader Nelson Chamisa is on the verge of baby-dumping party colleagues Morgen Komichi and Douglas Mwonzora ahead of the anticipated Supreme Court ruling which has raised the temperatures inside the cockpit of the opposition party, a top Zimbabwe daily paper has revealed.Former MDC Vice President Komichi and former Secretary-General Douglas Mwonzora were relegated to less influential positions in the party after the controversial congress of May last year, but are seen by Chamisa’s loyalists as the biggest threatens to him retaining his party leadership post should the Supreme Court order an extraordinary congress, the Daily News has reported.

An MDC national executive committee member who spoke to the Daily News yesterday said at the heart of the party’s ructions was the impending Supreme Court ruling — which was lodged by supporters of the opposition party’s former vice president Thokozani Khupe, who is seeking to have the court nullify Chamisa’s initial appointment by Tsvangirai as one of its other vice presidents.This comes after the High Court ruled last year that Chamisa’s elevation to lead the MDC was illegal — throwing the cat among the pigeons in the party.Other well-placed sources told the Daily News yesterday that the party’s respected former secretary-general Douglas Mwonzora, and its long serving ex-vice president post Tsvangirai’s death Morgen Komichi, were among officials who now risked being booted out of the troubled party.
"“MUKOMA DOUGIE (MWONZORA) AND KOMICHI ARE ESPECIALLY DISLIKED BY THE POWERFUL INTERESTS THAT ARE NOW AT THE HELM IN THE PARTY.

“TRAGICALLY, PART OF THIS MOB THAT IS NOW LYNCHING THESE POOR FELLOWS IN THE ALLEGED SERVICE OF CHAMISA WERE RABIDLY ANTI-CHAMISA IN THE RECENT PAST, AND ALSO ENTHUSIASTICALLY WANTED A PACT WITH ED (PRESIDENT EMMERSON MNANGAGWA) EVEN THOUGH THEY ARE SAYING THE OPPOSITE THINGS TODAY.

“THE OTHER PROBLEMS ARE THAT OF FINANCIAL ACCOUNTABILITY AND THE PARTY’S FOUNDING VALUES. THEY (THE CHAMISA FACTION) DON’T WANT ANY QUESTIONS TO BE ASKED AROUND FINANCES, AND THEY ARE NOW OPENLY DISAVOWING OUR ICON TSVANGIRAI,” ONE OF THE SOURCES, A SENIOR PARTY OFFICIAL, SAID."

“Just follow social media, for example, and you can see for yourself that Zimbabweans don’t like what’s happening … you cannot say today that Mwonzora and Komichi are infiltrators just because it suits your narrative and selfish agendas.“The reality is that the party is in a sorry state. When these guys (under attack) were administering the party, it was strong, united and there was accountability.“Now that these guys (Chamisa group) are in charge, there is chaos … and they fear that if the Supreme Court orders an extra-ordinary congress, they may lose power,” the official added.“Therefore, it is not a surprise that they are seeking to discredit us through people like Jonathan Moyo and other well-known double-crossers who feed social media with their false narratives.“What is becoming clear also is that they (the Chamisa faction) want to take out the other guys well before any new congress may be held,” the source said further.

"“IT IS BETTER FOR ME NOT TO SAY ANYTHING FOR NOW,” WAS ALL HE WOULD SAY.
ON HIS PART, KOMICHI SAID THERE WERE MANY “MALICIOUS STORIES (ABOUT HIM) FLYING AROUND AT THE MOMENT”.

“I AM HEARING DIFFERENT STORIES ALL THE TIME THAT ARE SIMPLY NOT TRUE,” HE SAID."

The bloodletting in the MDC was further underlined at the weekend after violence marred the party’s district elections in the faction-ridden Masvingo province.MDC national organising secretary, Amos Chibaya, while admitting to the violence, said he would only comment on the incident once he had received a full report from the province.In February, Chamisa dissolved the party’s Masvingo structures claiming that instead of focusing on growth, the province was expending its energies on tribal and factional fights.
The same month, Chamisa indicated that Bulawayo province was also giving him headaches, amid allegations of rampant tribalism there.The infighting in the MDC reached another notch last week when Mwonzora was gagged by Hwende from issuing statements after he had warned the party against consorting with erstwhile Zanu PF officials such as Moyo.This came after Mwonzora had told the Daily News about his fears of former Zanu PF bigwigs belonging to the vanquished Generation 40 (G40) faction destablising the party.

Predictably, party bigwigs took exception to the interview — resulting in the issuance of the warning.
In the interview with the Daily News, Mwonzora warned his MDC colleagues that the party needed to be wary about Zanu PF’s G40 faction kingpins who are worming their way into the ranks of Zimbabwe’s biggest opposition party.This was after some G40 notables recently claimed that they had funded Chamisa and the MDC’s 2018 election campaigns — even as some of their grand assertions relating to the funds that they allegedly paid for this appear to be dubious.It also came after Moyo said that he had met Mwonzora and then MDC treasurer Theresa Makone ahead of the 2018 polls, allegedly at the behest of Tsvangirai.

In addition, Moyo also recently insinuated that Mwonzora was working with a prominent businessman to influence the outcome of a Supreme Court case involving Chamisa and Khupe — relating to the control of the party.Since the death of Tsvangirai, the MDC has been plagued by endless problems, ranging from rampant factionalism to accusations of tribalism.When the much-loved former trade union leader died, a vicious power struggle also erupted in the party, which saw Chamisa assuming the reins of the party ahead of his rivals under controversial circumstances.
The titanic leadership battle that subsequently ensued eventually led to Khupe forming a breakaway faction — which went on to perform dismally in the 2018 elections.

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

DUI defense lawyer, DUI defenses, drunk driving defense, DUI attorney, beat DUI charge, DUI case defense, DUI evidence

DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

Defense 1: Illegal Traffic Stop

Police usually need a legal reason to stop a driver.

Possible stop reasons include:

Speeding
Swerving
Running a red light
Expired tag
Equipment violation
Accident investigation
Reasonable suspicion of impaired driving

If the stop was not legally justified, evidence gathered after the stop may be challenged.

Defense 2: No Probable Cause for Arrest

Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

A lawyer may review:

Driving behavior
Officer observations
Speech
Balance
Odor of alcohol
Field sobriety tests
Statements
Video evidence
Medical conditions

If probable cause was weak, the arrest may be challenged.

Defense 3: Field Sobriety Test Problems

Field sobriety tests are not always reliable.

A person may perform poorly because of:

Medical conditions
Anxiety
Fatigue
Age
Injury
Poor footwear
Uneven ground
Weather
Bad instructions
Language barriers

A DUI lawyer may compare the officer’s report to body camera or dash camera video.

Defense 4: Breath Test Issues

Breath testing can be challenged if the machine or procedure was flawed.

Potential issues include:

Improper calibration
Lack of maintenance
Officer certification problems
Mouth alcohol
Vomiting or burping before test
Medical conditions
Improper observation period
Radio frequency interference claims
Testing outside required time windows

A breath result is only as strong as the procedure behind it.

Defense 5: Blood Test Problems

Blood tests may be challenged based on:

Improper blood draw
Contamination
Chain of custody
Storage problems
Lab errors
Fermentation
Testing delays
Documentation gaps
Qualified person requirements

A lawyer may request lab records and review whether the sample was handled properly.

Defense 6: Rising Blood Alcohol

A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

This may be relevant when there is a delay between the stop and the chemical test.

The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

Defense 7: Medical Conditions

Some medical conditions can affect DUI evidence.

Examples may include:

Diabetes
Acid reflux
Neurological disorders
Balance disorders
Eye conditions
Injuries
Fatigue
Anxiety
Medication side effects

A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

Defense 8: Not Actually Driving

Some cases involve people found in parked vehicles.

Legal issues may include:

Was the person driving?
Was the engine on?
Where were the keys?
Was the vehicle operable?
Was the person sleeping?
Did anyone witness driving?

State laws vary on what counts as driving or actual physical control.

Defense 9: Police Report vs. Video Evidence

Police reports sometimes make a case look stronger than video shows.

A DUI lawyer may review:

Body camera footage
Dash camera footage
Booking video
Roadside testing video
Audio recordings
Jail observation video

Video can confirm or contradict officer claims.

Defense 10: Constitutional Violations

A DUI case may involve constitutional issues such as:

Unlawful stop
Unlawful search
Improper questioning
Violation of rights
Improper detention
Lack of warrant where required

A lawyer may file motions to suppress evidence if legal rights were violated.

Final Thoughts

A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

If you are charged with DUI, get the evidence reviewed before deciding what to do next.

Personal Injury Settlement: How Claims Are Valued and Negotiated

 

Personal Injury Settlement: How Claims Are Valued and Negotiated

Most personal injury cases settle before trial. But settlement value is not random.

Insurance companies look at evidence, liability, medical treatment, lost wages, policy limits, injury severity, and legal risk. Injured people should understand what goes into a settlement before accepting an offer.

A quick settlement may feel helpful, but it may not cover future medical care or long-term losses.

What Is a Personal Injury Settlement?

A settlement is an agreement to resolve a legal claim. The injured person usually receives compensation, and in exchange, signs a release giving up the right to pursue additional claims from the same incident.

That release is serious. Once signed, the case is usually over.

What Affects Settlement Value?

1. Liability

The stronger the evidence that the other party was at fault, the stronger the claim may be.

Liability evidence may include:

Police reports
Photos
Videos
Witness statements
Expert analysis
Company records
Safety violations

2. Injury Severity

More serious injuries often lead to higher damages.

Examples include:

Broken bones
Surgery
Permanent impairment
Traumatic brain injury
Spinal injury
Severe burns
Long-term disability

3. Medical Bills

Medical expenses are a major part of many claims.

These may include:

Emergency care
Hospital bills
Surgery
Physical therapy
Medication
Specialist visits
Future treatment
Medical equipment

4. Lost Income

If you missed work, lost overtime, used vacation time, or cannot return to the same job, wage losses matter.

5. Pain and Suffering

Pain and suffering may include physical pain, emotional distress, reduced quality of life, and loss of enjoyment.

6. Insurance Coverage

Even strong claims can be affected by available insurance limits.

Why Insurance Companies Make Low Offers

Insurance companies may offer less because they dispute:

Fault
Injury severity
Medical necessity
Treatment length
Pre-existing conditions
Lost wage proof
Future care needs
Pain and suffering

They may also hope you accept before knowing the full extent of your injuries.

Should You Accept the First Settlement Offer?

Usually, you should be careful.

Before accepting, ask:

Have I finished medical treatment?
Do I know my future medical needs?
Have lost wages been calculated?
Are all bills included?
Does the offer cover pain and suffering?
What rights am I giving up?
Are there liens or medical bills to repay?

A settlement should be reviewed carefully before signing.

What Is a Demand Letter?

A demand letter is a formal letter sent to the insurance company requesting settlement.

It may include:

Facts of the accident
Liability argument
Medical summary
Medical bills
Lost wage calculation
Pain and suffering explanation
Supporting documents
Settlement demand

A strong demand letter is organized, evidence-based, and clear.

How Long Does Settlement Take?

Settlement timing depends on:

Medical treatment length
Insurance investigation
Liability disputes
Case complexity
Policy limits
Negotiation speed
Whether a lawsuit is filed
Court schedule

Cases with serious injuries often take longer because future damages must be evaluated.

Medical Liens and Settlement

Some medical providers, insurers, or government programs may have repayment rights from a settlement.

Before spending settlement money, understand:

Medical bills
Health insurance liens
Medicare or Medicaid liens
Workers’ compensation liens
Attorney fees
Case costs

Final Thoughts

A personal injury settlement should reflect the full impact of the injury, not just immediate bills.

Before accepting any offer, make sure you understand your medical condition, future needs, lost income, liens, and legal rights.

A personal injury lawyer can help evaluate whether a settlement offer is fair based on the evidence.