Fort Myers, FL – Police have a number of different ways of seeing whether a driver can safely operate a motor vehicle or not if there is suspicion that the person may have consumed drugs or alcohol. One of the main ways that this is done is through field sobriety tests or exercises. These are a series of divided attention movements that are meant to test coordination, awareness, and the person’s ability to follow instructions. Research into field sobriety testing has shown that people who have trouble completing these exercises may also have trouble driving safely and following the rules of the road due to intoxication. 

The procedure to ask the driver to take the test

Officers in Florida do not conduct breath tests at the scene. These are generally done in a police station after the suspect has already been taken into custody and observed for a certain period of time. In order to test the driver’s level of impairment based on their movements and demeanor, the officer can ask the person to step out of the car and perform the exercises. This is supposed to be done on an even surface in a well lit area. The officer is observing the person to see if they have basic balance and movement skills, along with how the person responds to the police and acts during the process. Someone who is argumentative and unsteady is likely intoxicated, although the results of the tests are not considered scientific. 

Problems with sobriety testing

Over the years, DUI defense lawyers have found a number of problems with the tests themselves and the way that they are administered to suspects. A common problem is that many people simply lack the athletic ability to perform these exercises, regardless of whether they are sober or not. In practice, police officers often conduct the tests on a dark road side at night near traffic, which can affect the victim’s performance. There are also some differences between which specific exercises are recommended by NHTSA versus which exercises officers may actually use in each state. Some district courts within Florida have even ruled that the exercises cannot be called tests in criminal court, in order to make the jury understand that field sobriety testing is only meant to help the officer observe the person. A chemical test is a much more accurate way to prove intoxication.  

Help from a DUI defense attorney

Michael Raheb is an attorney in Fort Myers who is experienced in all aspects of DUI law. Anyone who has been arrested in Florida can contact his office to learn more about representation. 

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

One of the biggest misconceptions regarding prenuptial agreements is that a person has to have a lot of money and assets to create one. However, the truth is that this sort of contract can benefit many couples who have decided to tie the knot. The main purpose of a prenuptial agreement is to ease the divorce process if it ever comes up and also to work as a legal foundation to protect a person’s assets.

 Because the use of these contracts is so versatile and handy, many more couples are opting to sign a prenuptial agreement before getting married. The law requires certain factors to be included in the prenup, and for a person’s own good, they should make sure to include certain matters as well. Firstly, they should agree to full and fair disclosure, this means that a complete disclosure of each person’s financial circumstances must be provided, including their assets and debts. If a spouse defrauds the other, then the terms of the agreement will likely be invalidated. 

Another important fact is that it must be written down and signed before marriage. It must also be signed by both parties before a notary public and both spouses should be above 18 years old and mentally competent. If any of these points are not followed through, then the court may not accept and recognize the legality of the document. Other factors that are included in a prenup is property division, alimony, child custody and child support.

Why should I hire a lawyer when making a prenuptial agreement?

One of the main reasons that couples decide to sign a prenuptial agreement is so they retain the right to their own property in the event that a divorce does end up occurring. It is also possible to divide the debts and determine who has the right to sell and manage any owned property.

There is a lot at stake when a person is creating a prenup and if a person wants to avoid being taken advantage of, they should make sure they have a qualified attorney by their side. A lawyer will be able to advise them on what steps to take for their best interest and will read through everything and confirm that a person is only getting what is in their favor and not unnecessarily giving their rights away to their spouse.

Get in touch with a divorce attorney at the Law Office of Charles Zolot to get help creating a prenuptial agreement and to get advice regarding any matters regarding divorce.

Reach out to the at:

37-06 82nd Street

Jackson Heights, NY 11372

Phone (718) 779-6545

Fax (718) 779-6640

Ordinary vehicle collisions can be life-changing and in a split second a person will likely have their entire life turned upside down because of their newly sustained injuries and sudden surge in financial bills. Car accidents can cause a lot of harm to the victims involved, but not nearly as much as a truck accident. Truck accidents are much more deadly because of their massive weight and size. 

Not only are they harder to control, but they also often contain deadly and dangerous cargo that can create fires and explosions at the onset of an accident. This naturally aggravates any damage or injuries incurred by the victims and all who are involved in a truck accident need to reach out to a legal professional to get proper help with what steps to take next. 

The more commonly injured individuals in a truck accident are those that are in passenger vehicles. The truck driver is often lucky and does not suffer serious damages because of the extra protection they have driving the larger vehicle. It’s the passenger vehicles that are sharing the road that face the full blow of the accident and it is these individuals who often suffer life-long injuries or even lose their life.

Taking action after a truck accident in Jackson, Mississippi

All drivers and passengers have the responsibility of trying to remain as safe as possible and trying to get medical treatment without any further delays. Once they have ascertained these two factors, they should contact officers to begin documenting the accident. When speaking to officers a person should only speak facts and what they clearly remember, they should not state extra details or give their opinion as everything they are saying will be recorded.

A person should not just rely on others but should also pull out their phone and document everything with their own hands as much as they can. They should get in touch with a truck accident lawyer to learn about the proper evidence they can gather and what is acceptable in court as a valid proof to determine the cause of the collision.

It is always a better idea to have a truck accident attorney by one’s side when a person is dealing with the aftermath of a truck accident. Truck accidents require thorough investigating to determine who was responsible for the collision and to gather the required evidence to collect compensation.

Get in touch with a truck accident attorney at the Heilman Law Group to get answers to any questions regarding truck accidents and to get legal support when filing a truck accident claim.

Reach them at:

Jackson Office

4266 I-55 North

Suite 106

Jackson, Mississippi 39211

Phone: 601-914-1025

Fax: 601-944-2915

West Palm Beach, FL – The driving of trucks and other types of commercial vehicles is regulated by the government to a much higher degree than driving standard cars. This is because large trucks and other types of vehicles that can transport passengers or large amounts of materials can become a serious hazard if not operated properly. Anyone who is employed by a company that operates a fleet of vehicles or works as an independent contractor must have certain qualifications. Despite these strict regulations, truckers do still cause accidents at times. Victims of a truck crash should try to get legal advice as soon as possible to help pay for their losses.  

The commercial driver’s license

Florida has special requirements for truckers to get their CDL. Drivers must be at least 18 to get their CDL, or at least 21 if they need to make interstate trips or transport hazardous materials. The state will do a background check to make sure that the driver does not have a suspended or revoked standard driver’s license in Florida or any other jurisdiction. A medical examination must be completed in accord with the rules given by the Federal Motor Carrier Safety Administration. There are also citizenship and residency requirements to prove that the driver lives in Florida and can legally work in the United States.  

The applicant must first get a commercial learner’s permit by completing a written test about safety and other procedures on the roads. When the applicant receives their CDL, it will be marked with a class of A through D depending on the size of the vehicles that the driver will use. 

Trucking regulations

Once the driver has their license and is working for an employer, there are certain rules that need to be followed on the roads. The driver can only be on the roads for a limited number of hours, and there are mandatory break times. Drivers need to keep records of their hours and rest periods to ensure compliance.

Special insurance is required as well.  

Traffic citations and possible suspensions

Violations like speeding, careless driving, and ignoring traffic lights and signs may have much more severe consequences for truckers than other drivers. It is easier for a driver to lose their commercial driving privileges than for standard drivers to lose their licenses due to repeat violations or serious offenses such as driving under the influence. 

Assistance after a truck crash

There are lawyers in the West Palm Beach area who can help accident victims recover their financial losses. Smith and Vanture is an experienced personal injury firm that handles cases throughout the south Florida region. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com

Nashville, TN – When a construction project is not completed or missing certain specifications, this can cause huge financial losses to all parties involved. There are certain remedies available to parties affected by this kind of contract breach, but the party filing the lawsuit must also prove that a valid contract existed and relevant terms were violated. 

The elements of a valid contract

In any breach of contract lawsuit, the court will look to see that a valid contract was actually formed by the parties involved. This will include an offer, acceptance, and consideration. If any of the elements are missing, the specific terms or how they are violated will not matter, as the parties cannot be bound to a document that does not meet the formal legal definition of a contract. The initial contract should always be drafted with the assistance of an experienced business attorney and formalized in writing. 

The ways that the terms of a construction contract are violated

There are a few categories of violations or problems that tend to cover most legitimate breaches of a construction contract. The first is related to serious problems or defects with the expected performance of the contract. This would mean that the structure was either incomplete or finished in a way that it cannot be used as intended. The second category of problems is related to timing and scheduling. If a project is running several months behind, there may be significant lost profits for the other businesses or subcontractors that had expected to have a completed project. There is also the possibility that one party never intended to complete their end of the bargain as written in the document, which can lead to legal action for fraud or misrepresentation.  

Ways to remedy the situation

It is common for breaches of construction contracts to be remedied by various forms of communication or negotiation between the parties. This tends to be effective because both sides can get what they need or close to their original expectations without having to deal with the costs or formalities of a lawsuit. However, sometimes formal legal action is necessary. A court may rule that one side violated the agreement and require payment of monetary damages or specific performance to complete the contract in cases of unique structures and property. There are even situations where a court may simply rescind the contract and allow both sides to walk away from the agreement if it cannot be completed.   

Help from a business lawyer

The Law Office of George R. Fusner is available to help businesses with their legal issues. The firm focuses on various matters related to contract law, misrepresentation, fraud, and real estate transactions. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com