ARIZONA LAWS AND HOW THEY APPLY TO YOU

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Family Law is a very changeable area of law. The law changes every year with new decisions by the Courts and new statutes passed by the Legislature. New laws can seriously affect your rights and your property. Summaries of new Legislation or important Court cases are provided as well as links to the text of the new laws or cases.

NEW DIVORCE LAWS

PARENT INFORMATION CLASSES 
The law requires that every parent going though a divorce or paternity case with children take a parenting class. It must be taken before the Court can grant a divorce. The class is usually held on evening and weekends, you take it only once, and the cost is no more than $35.00. You do not have to take it at the same time as the other parent.

COMMUNITY PROPERTY REDEFINED
Effective for all cases filed after August of 1998, property and debts acquired after the service of the Divorce Petition will no longer be considered community property. Therefore, it is now important to discuss with your attorney when you actually file for the divorce since it may affect your rights. Also, beginning in 2001, the court may now divide "liquid" assets at the beginning of the case.

COVENANT MARRIAGE 
The Legislature created a type of marriage called a covenant marriage. If you want to get a divorce and have a covenant marriage, there are additional hurdles that you must overcome to obtain the divorce. If you were married over two years ago in Arizona, then this new law will not apply to you.

CHILD SUPPORT/ CREDIT REPORT 
On January 1, 2001, the child support guidelines were modified to include an adjustments for visitation by the non-custodial parent.
You can also ask the Court for an Order to see your spouse's credit report to see if there are debts unknown to you that have been incurred by your spouse and which you may be responsible for paying.

California DUI Attorney Fees

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http://ezinearticles.com/?California-DUI-Attorney-Fees&id=303172

Before scouting around for a DUI (driving under the influence) attorney, it is best to know some important points, especially when it comes to their professional fees.

Ask yourself: Are the fees explained in detail? Is there a written contract explaining the fees to be charged? You should know if the lawyer's fee is simply on a retainer basis or if it is inclusive of all costs in the litigation process. Also determine whether the charges cover other incidental expenses such as license hearings, testimonies of experts, costs of subpoena, blood reanalysis and other expenses incurred during the course of the hearing.

The fees charged by a lawyer vary according to his experience and reputation, along with the state where he is practicing. As a general rule, the higher the skill and the larger the city, the higher the fees.

Another factor that affects DUI attorney fees is the amount of time the lawyer spends on the case. As a general rule, the good lawyers take on fewer clients and devote more time to studying their cases.

Lawyer's fees go up when the offense is considered a felony, if the offender has prior convictions, if there are additional retrials or appeals, or if there are additional litigation costs of handling an administrative offense on license suspension.

Your attorney may either charge a fixed fee that covers everything or he can also ask for a retainer fee in advance, charged on an hourly basis. Other costs, such as fees of expert witnesses, independent blood analysis and fees on serving subpoenas, may translate to extra costs on your end.

Remember to ask for a written contract on the fees quoted and be sure to understand the details of the written agreement.

Keep these points in mind when you are scouting around for the best DUI lawyer your money can afford.

California DUI Attorneys provides detailed information on California DUI Attorneys, California DUI Fines, California DUI Defense, California DUI Laws and more. California DUI Attorneys is affiliated with California DUI Lawyers Info. Article Source: http://EzineArticles.com/?expert=Jimmy_Sturo

Rhode Island Divorce Lawyer and Family Law Attorney

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http://www.newportriduiattorney.com/criminal_defense_ri.html

Attorney Joshua Macktaz is a Rhode Island Family Court lawyer specializing in helping people resolve domestic and family issues including divorce, child support, as well as other Family Court criminal and civil matters including:
    •     divorce (non-contested and contested)
    •     child support contempt proceedings
    •     child support modification, increase, and termination
    •     property settlement agreements
    •     adoptions
    •     divorce and family law mediation
    •     visitation and visitation disputes
    •     domestic violence
    •     child custody
    •     alimony
    •     restraining orders/domestic violence/no contact orders
    •     criminal matters relating to family law
    •     father's rights
    •     out of state family law issues
    •     paternity
    •     equitable division of assets
    •     drafting and negotiating prenuptial agreements and property settlement agreements
Contact a Rhode Island Divorce and Family Court Attorney – 401-861-1155 or CLICK HERE

If you are interested in Divorce by Mediation in RI visit this site for information, the advantages, and recommended resources.

More information on our major areas of practice:
HOW RHODE ISLAND DIVORCE LAW AFFECTS YOU
WHAT ARE THE GROUNDS FOR DIVORCE?
A divorce in Rhode Island, in the majority of cases, is granted on the grounds of irreconcilable differences which have caused the breakdown of the marriage. There are various other grounds for divorces such as adultery or extreme cruelty which can be discussed with your attorney.
WHAT IS THE RESIDENCY REQUIREMENT FOR OBTAINING A DIVORCE IN THE RHODE ISLAND FAMILY COURT? 
Divorce proceedings cannot be initiated unless you or your spouse have resided in Rhode Island for a period of one year.
WHAT DO I NEED FOR THE FIRST VISIT TO MY LAWYER'S OFFICE?
To expedite your case, you should take your marriage certificate, copies of your most recent tax return, a picture of your spouse, a list of your family obligations and a list of questions you have for your lawyer. In addition, you should know the address, both residence and work of your spouse, together with all family members' place and date of birth.
WHAT KIND OF ISSUES WILL I DISCUSS WITH MY ATRORNEY DURING THE FIRST VISIT? 
The separation of a married couple is one of the most traumatic occurrences in one's life. An attorney will address both family and emotional issues, including consideration of marriage counseling or other steps to help save the marriage; assisting you as a parent in meeting the needs of your children; and handling financial matters such as real estate and personal property. You should also be sure to discuss, and fully understand, the attorney's fee arrangement at the first meeting.
WHAT IS A RESTRAINING ORDER AND WHEN MIGHT I NEED ONE?
Restraining orders are usually designed to prevent abuse of a spouse or to prevent removal of marital assets. Restraining orders may be applied for when necessary in cases of physical abuse, transfer of assets, etc. You can apply for a restraining order directly to Family Court without the help of a lawyer.
WHAT ABOUT CHILD SUPPORT?
The Family Court of Rhode Island has adopted a child support formula and guideline which is based on the incomes of both parents. Your attorney will be able to estimate the amount of support which might be ordered by the Court.
HOW ARE MARITAL ASSETS DIVIDED?
Marriage is a partnership so an important issue in divorce is division of marital assets. Most cases are divided equally between spouses, but depending upon the specific facts of the case, there may be a different distribution of marital assets.

Actress Lori Petty Arrested for DUI in California

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Allegedly hits skate bboarder with car in Venice.

Lori Petty was arrested on suspicion of driving under the influence in Southern California Saturday night. The 45-year old actress reportedly hit a skate boarder with her car around 9:30 pm. The victim was treated for minor injuries.

Petty was booked at Van Nuys jail on charges of felony California DUI. She was released on $100,000 bond just before 7:00 am.

Petty has made recent guest appearances on 'Prison Break' and 'House'. She is most known for her movie roles in the 90's, including 'Point Break', 'Tank Girl' and 'A League of Their Own'.

Do you need to hire a CA DUI lawyer?

Man charged with DUI 4 times legal limit

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http://www.dwiblog.org/2009/08/man-charged-with-dui-4-times-legal-limit/#more-831

Deputies had arrested a man that found passed out in his vehicle. He was having a blood-alcohol level of more than four times then legal limit.

It has been reported by The Marion County Sheriff’s Office that authorities have been called upon by a gas station clerk Monday night and he told them about a man passed out in a vehicle. It has been found by a deputy that the man, who was later identified as Rafael Delgado Rivera, smelled like alcohol, he had bloodshot eyes and slurred speech was used by him.

It has been said by the authorities that Rivera collapsed while getting out of the vehicle. They have taken him to a nearby hospital, where his blood-alcohol level was measured to be 0.336.

Rivera was eventually taken to jail from the hospital. The police officer have charged him with DUI and driving with a suspended license.

Someone with a blood-alcohol level of 0.08 is considered to be too impaired to drive according to the Florida law.

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DUI Laws by State

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http://www.1800duilaws.com/forms/statesduilaws.asp

Every state has drunk driving laws. Most states refer to drunk driving as DUI; some states refer to drunk driving as DWI; still others refer to drunk driving as OUI, OWI, DUII, DWAI, OUIL or OMVI. But no matter what you call it, the consequences are potentially severe:jail, fines, loss of driver's license, required ignition interlock devices, attendance at alcohol education programs, lectures given by MADD, SADD, or RADD, community service or freeway cleanup, increased car insurance rates, a criminal conviction, and more.

All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Forty-five states permit some offenders to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 30 states, multiple offenders may forfeit vehicles that are driven while impaired by alcohol.

Forty-three states and Washington D.C. have laws prohibiting the driver, passengers or both from possessing an open container of alcohol in the passenger compartment of a vehicle.

License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Forty-one states and the District of Columbia have administrative license suspension laws.

Prosecution for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests (or the refusal to give a breath or blood test, which may show a consciousness of guilt).

Prior drunk driving convictions may impact a current DUI arrest, but the formula will vary from state to state. In some states, the date of the prior arrest will control. In other states, the date of the prior conviction will control.

Because of the threat of loss of federal highway funds, there has been a strong trend to reduce the legal limit for those 21 and older to 0.08% across the country. No one is lobbying on behalf of the impaired driver. However, given the problems associated with alcohol testing technologies, and possible subjective and erratic manner in which drunk driving investigations can be performed in the field, there may be doubts as to whether some DUI arrests and prosecutions are justified.

Despite the Hype DUI Roadblocks Expensive, Ineffective

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National campaigns such as the "Over the Limit, Under Arrest" and groups like MADD proclaim the success of police sobriety checkpoints. As is often the case, these claims are not supported by the results. A DUI sobriety checkpoint conducted in Tucson, Arizona on February 21, 2009, saw 2,300 drivers be stopped on suspicion of DUI. Yet out of that large number, only 26 DUI arrests were made.

By and large, a recent article in the Oakland Tribune points out that DUI checkpoints seem to have very little, if any, effect. This article suggests that these roadblocks fail to target the real problem. The article cited American Beverage Institute managing director Sarah Longwell, who said a roadblock often catches no drunken drivers and can cost taxpayers $10,000. Longwell's organization advocates responsible drinking in restaurants.

The article also cited psychologist and Golden Gate University professor Kit Yarrow, who at least partially supported Longwell's statement saying that a roadblock may work as a deterrent if someone saw it before "heading out to party," but most consumers will see them on the way home "when it's too late to do the right thing."

Richmond Virginia DUI Lawyer Bob Battle has previously commented on the history of these roadblocks and the dubious U.S Supreme Court decision that carved out the DUI exception to the Constitution for stopping vehicles. ( See "Merry Christmas! You're Under Arrest!" A History Of Sobriety Checkpoints") More importantly, if you have been stopped at a roadblock and charged with a DUI in Virginia, you need to hire a lawyer who knows how to argue that these stops were not conducted in a proper manner or in a proper location. In his Consumer Guide "How to Choose a DUI Lawyer in Virginia,"Bob Battle points out over 20 issues that lawyers who are "asleep at the wheel" of your defense, fail to raise that could win your case.

To get your free copy of "How to Choose a DUI Lawyer in Virginia," fill out the form on the top of this webpage- BobBattlelaw.com

Barry Simons leads a team of dedicated professionals consisting of 5 lawyers, including former Orange County Crime Lab Supervisor Ronald Moore, Forensic Scientist and Attorney at Law, and 2 paralegals.

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2008 Super Lawyer Board Certified Dui Defense Lawyer Martindale-Hubbell AV rated Dean Ameritas of the National College of Dui Defense

Barry is a nationally known expert in DUI Defense who has spent over 35 years fighting for drivers' rights in Orange County's Courts. He is the current Dean and one of the Founding Members of the National College for DUI Defense and currently serves on that organization's 12 member Board of Regents. He is one of only 5 attorneys in the State of California to hold Board Certification in DUI Defense. In 2001, he was selected to serve as Vice-Chair of the DUI Advocacy Comm. of the National Assn. of Criminal Defense Attorneys. He is currently on the Bd. Of Directors of the California Association of DUI Lawyers and has qualified as a Specialist Member. He is rated "Preeminent" by Martindale-Hubbell and has been selected to "Who's Who In American Law".

In 1998 he established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin) In 1999 he forced the D.M.V. to announce that they would cancel 4,700 drunk driving suspensions after exposing the OC Crime Lab's use of unapproved breath testing machines (Trautman v DMV). In 2002 he exposed the O.C. Crime Lab's use of unapproved Blood Testing methods between 1996 - 2002 (Bite v Gourley) invalidating blood test suspensions for all of his clients during that entire period.

He followed in 2003 with Baker v Gourley which established the rule that DMV can't rely on police opinions of intoxication to suspend drivers' licenses. His class action suit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood/breath and urine tests resulted in the decision in Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case he established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances. He recently co-authored an Amicus Curiae Brief for the United States Supreme Court in the case of Illinois v. Lidster challenging police use of "Roadblocks".

Barry has presented his cases and lectured at seminars for DUI attorneys throughout the US on subjects including scientific evidence, legal motions, DMV practice and procedure and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. He is a "Co-Author" to California Drunk Driving Law, the "Bible" of DUI Defense.

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