Archive for the ‘Uncategorized’ Category

Best DWI Attorneys Call to Stop the Incidence of Drunk Driving Among the Youth

Wednesday, July 7th, 2010

It is a common belief that the youngsters are more prone to driving under the influence of alcohol. However, the recent statistics show that this is not true and, in fact, the instances of drunk driving in the young people are declining. This has also led to decline in youth-related car crashes, car accidents and the consequent loss of lives. This is a welcome development and shows the young people are now having a greater understanding of the pitfalls of drunk driving. However, some experts including some of the well known best DWI attorneys are skeptical about the trend and they suggest further action to make sure that the trend continues.

Some of these steps as devised by the best DWI attorney are:

1. Reducing drinking and driving by way of social pressure. In the first place, the society including the friends shall never appreciate the drinking habit. They shall also make sure that their drunk friend is not allowed on the driving seat.

2. Driver programs: It has been found that the teens are more prone to get intoxicated quickly than are experienced people. So, if some teenager wants to drive, some experienced person shall instead volunteer to drive for him. This is likely to reduce the chances of accidents by a great extent.

3. Reducing the drugging. The best DWI attorney who has handled a vast number of cases must have come across many instances of people being drugged with illicit drugs while driving. These drugs reduce coordination time and increase the reaction time. The drugged person is very dangerous while driving and can cause accidents resulting in loss of lives of the innocents.

4. Improving driver education: Even as states continue to devise harsher penalties and punishments for drunk driving, there is little that licensing authorities do in helping to check the menace. Some states give a brief introduction to the subject matter and in others, even this much is not taught. So, there is a need to include the drinking tests in the training and education programs as well.

The statistics showing the decline in the incidents of drunk driving and related accidents involving the youth shows that there is a growing awareness about this problem among the school and college going students. Also, very strict laws with high prosecution rates and the general non-acceptance of the drunk behavior in their social circles are also the contributory factors to reduced binge driving.

Best DWI Attorney Tries To Resolve the DUI Issues at the Administrative Stage

Wednesday, July 7th, 2010

In US, driving under influence of alcohol or drugs is considered to be a crime. The moment you take to the driving seat and drive a vehicle, the “implied consent” principle of the DUI law becomes applicable. As per this principle, there is an implied consent that you will subject yourself to the tests conducted for knowing the extent of being drunk. The law enforcement officer can stop your vehicle and can ask you for any of the tests. If he finds that you are drunk, he will initiate the necessary action. In most of the States, if you are caught driving under the influence of alcohol for the first time, it is considered to be a misdemeanor. However, if you violate the laws repeatedly or commit some serious offense along with driving in drunken state, the charge becomes one of felony. The best DWI attorney will be able to explain the differences between the two and the different types of penalties attracted by them.

It is common knowledge that the law is violated if the blood alcohol concentration level is measured to be 0.08% or above. The best way to determine this is to conduct the blood or urine test. But, the breathalyzer is commonly used on-the-spot by the enforcement officers. When this test is failed, the administrative license suspension takes place. The matter does not reach court yet and some time is given to file for a revision. The best DWI attorney knows what all needs to be said and done to get the matter resolved. You shall not undermine the importance of this stage and decide to go all by yourself. You commit a single mistake and the Department of Motor Vehicle (DMV) will be more than happy to put you on the doors of the courts. Since the government is quite strict with people who drive under the influence of alcohol, DMV will not oblige you by letting you off. So, you do need the help of an experienced DWI attorney.

This stage of the proceeding is considered to be very effective in bringing about a change in the behavior of people and preventing them from driving under the influence of alcohol in future. Currently, 41 states in the US have the administrative license suspension provisions. The best DWI attorney works for revocation of the license and dismissing the charges.

Consult a Real Estate Lawyer to Know Your Legal Rights as a Tenant

Thursday, June 24th, 2010

A Real Estate lawyer performs an array of vital functions including property documentation, checking the complete chain of title holders, investigation any loans or other encumbrances on the property and representing the client in a dispute related to the property. The property transactions could be either of the nature of sale-purchase or lease. The disputed related to the leasing out of properties for residential or commercial uses are dealt with by an experienced real estate lawyer. Normally, it is the landlord who has an upper hand but, nevertheless, it is important for the tenants to know their rights as well.

1. Federal laws prohibit the discrimination of tenants on the basis of race, color, origin, nationality, sex, age, family status and physical and mental disability. Apart from these federal prohibitions, the states can also prohibit discrimination on the basis of marital status and sex orientation.

2. Landlords are allowed to say no to tenants if the apartment is available for rent.

3. Landlords cannot make separate tenancy rules for the applicants belonging to the protected class. So, he cannot ask for more rent, alter the services he usually provides, etc.

4. The contract for tenancy cannot be repudiated on discriminatory grounds.

5. Tenant is also protected from harassment by landlord.

6. Landlords cannot refuse you tenancy on grounds of their ‘no pets’ policy if the animal is trained to help you in your disabilities.

7. Tenants have the right to live in habitable conditions. Uninhabitable conditions could be the unsafe conditions like plaster peeling off, holes in ceiling or floor, bad wiring, too many cockroaches and mice and other similar conditions.

8. Tenants also have the right to know why they are being evicted. If this was based on some negative credit report emanating from a source other than the tenant’s own credit report then evicted tenant can file for knowing the information of that report within sixty days of being evicted.

One can know more about the tenancy rights from a seasoned real estate lawyer. An online real estate lawyer will also inform about the exceptions to these rights contained in the federal and the state laws. Also, the real estate tax lawyer will inform about the financial obligations of the tenants. It is always better to make a check of the rights available so that the unjustified terms and conditions of the landlords can be opposed and challenged in a court of law.

Duties of a Real Estate Lawyer

Monday, June 21st, 2010

When you transact any real estate deal for buying or selling of property, there might be a real estate agent or broker acting as an intermediary who will oversee that the deal is executed in a fair way. However, if it were so easy, there would have been no property disputes and there would be no need for the real estate lawyer. The lawyer has some duties towards his client. Some of these are:

1. Closing the contract: Before a deal is finally struck, you may require that all the documents of property are shown to the attorney. The real estate lawyer will check the title of property, get the documents duly registered and shall ensure that the transfer of title or ownership happens correctly. Another important thing is that he must ensure that paperwork related to the chain of title transfers is there and nothing is amiss.

2. Look for encumbrances: It is very likely that the property might be mortgaged for some loan, or there are some other longstanding dues or encumbrances which need to be cleared. The easements and covenants might put limits on the use of real estate. The best real estate lawyer will inquire through the relevant channels about these matters and make the client understand their effects in the short and long term. This is where he will be able to provide the client with the legal perspective.

3. Carry errors and omission insurance: Lawyers are governed by their professional standard code of practice. And, many of them also carry the insurance cover for the damages resulting to their clients for the errors and omissions due to negligence. It is their duty to make good these damages to their clients which have resulted due to the professional negligence. The real estate lawyer, in turn, can claim the same from their insurance companies.

4. Work closely with banks and title companies: They can take up your case with the bank mortgage officer to review the costs and negotiate adjustments on property taxes.

While looking for the appropriate real estate agent, one can seek references from near and dear ones, the state bar associations, the yellow pages, internet directories and websites of the lawyers. It is important that he shall have sufficient experience in the type of property you are looking for. It is necessary for you to know what all services can he provide and negotiate real estate lawyer fees. Further, you must ask the seller that the purchase agreement will be contingent on the approval of attorney.

Prevent Your Child From Being Taken Away To Another Country By Your Spouse

Wednesday, June 16th, 2010

There has been a growing trend towards international marriages where the spouses are from different countries or nationalities. This has been yet another hallmark of this era of globalization. Consequently there have been incidents of marital discord, divorces, disputes over the child’s custody and much more. Therefore, there is a standard international family law which governs all these aspects related to matters of international divorces. The family law attorney specializing in international family law can devise some tips to the parent to make sure that the other parent does not take away the child to his/her own native country:

1. Proof of dangers of visitation: You must bring hard evidence in front of the court which establishes without doubt that the proposed visitation is a real risk and there is a real possibility that the child may not come back.

2. Evidence to show that the other parent will not return the child: One of the ways to do it is to prove that the other parent is having strong emotional connection with the other country, has family based there or he/she has previously tried to take away the child to that country or has threatened to abduct the child. There are other points which can be brought to the light to court which can prove that the child can be taken away with the intention of not returning back.

3. Expert Testimony requirement: No matter how many true incidents can you quote from your knowledge about the dangerous situation in that country, it will not be entertained by the court. It would be requiring independent and expert testimony for the same which can be arranged by a seasoned child custody lawyer.

4. Take timely steps: You shall not wait till the last moment to get the legal help. Bring your case in court well in time duly represented by a skilled and experienced family law attorney.

5. Hague Convention cannot deliver the goods: If you think that the country where your child is being taken to is a signatory to the Hague convention and that country will enforce the treaty requirements and return the child, then you cannot be farther away from truth. Each country works as per its own legal framework and pace, and it might ages for your child to come back.

So, the best part is to prevent the child from leaving the country. You shall hire an expert family law attorney for the international child custody matters and from preventing your beloved child from being taken away.