Archive: July 2021
July 29, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
Conclusion
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!
July 22, 2021
DUI is short for driving under the influence, and it is one of the more common offenses you can find in Florida. It happens when someone is driving or in physical control of a vehicle while under the influence of drugs, chemicals, or a controlled substance. The more common cause of DUI, however, would be alcohol. As such, drunk driving has become a typical way people refer to DUI, although you wouldn’t need to be drunk to be guilty of said offense.
In this article, we’re going to delve deeper into DUI, answering various questions to help you learn more about DUI cases in Florida.
1. Will the Offender Be Sent to Jail?
One of the biggest worries about DUI offenders is that they may end up going to jail for the offense. However, this will depend on how often the offense was committed. If it was a first-time offense, there would be no jail time. However, if it were the second time within the first five years of the previous conviction, then a minimum term of ten days is required. A third conviction within the ten years that the first two offenses were made, and one can expect at least thirty days of jail time.
2. Can the Driver Refuse to Take a DUI Test?
While it may surprise a few to know that one can refuse a DUI test, it comes with its consequences. The law allows police officers to seize and suspend your driving license for at least a year for the first refusal and 18 months for any subsequent refusals after. Refusing a DUI test will also be admissible in criminal proceedings used against the offender. As such, it is the smarter route to take the DUI test if one has been lawfully arrested.
3. What Is “in Physical Control” of a Vehicle?
When it comes to DUI, the offender will be the one “in physical control” of the vehicle while under the influence of drugs, alcohol, or chemicals. The term “in physical control” is used as a way to set the blame on the person who has the capability and power to direct the vehicle, even if they weren’t driving at the moment. This means that even if the car is at a complete standstill, a person can still be convicted of DUI if they are sitting behind the wheel with the keys in the vehicle.
4. Is It in the Officer’s Right to Seize a Driving License?
Police in Florida have the right to seize a driving license should they be driving with an unlawful blood-alcohol level, which is 0.08% or higher. They can also seize the license of those who refuse the breath, blood, or urine test. The driver will also be given a traffic ticket that acts as a ten-day temporary work permit and a notice of suspension of the driver’s license.
Conclusion
With that in mind, it is never a good idea to drive under the influence under any circumstances. Not only do you put yourself in danger of an accident, but you also put the lives of those around you at risk. As such, if you are planning to drive, do not get into drinking or the use of any drugs or chemicals. If you do, then consider having someone else who is fully sober drive for you. This way, you can get to your destination safe and sound, and you will not run into any trouble with the police.
Dorsey Law JAX offers top Jacksonville attorneys offering aggressive and expert representation to achieve the absolute best outcome. Contact us today and receive the support you need!
July 15, 2021
Out of all the states in America with their respective legal intricacies and unique law-based mechanisms, Florida has a unique approach to family law matters.
In legal situations wherein families or spouses dispute over the long-term care of shared children, The Sunshine State’s courts have specific regulations to establish desired outcomes. For the most part, judges prefer to have disputing parties reach their own agreements about how divorce and custodial matters will be structured. These regulations cover the following:
- Sharing time with children
- Dividing property
- Raising children
- Establishing child support payment schedules and amounts
The methods that Florida’s judges uphold can be difficult to follow. Some recommended measures can be very costly, too. However, reaching an agreement with your spouse or ex-spouse over custodial matters doesn’t necessarily mean subjecting yourself to an arduous trial process. This is where family law mediation can help.
Defining Family Law Mediation
In recent years, the process in question has helped remedy the most complex cases in an effective manner. Through mediation, one party can come to an agreement with another. It is a solution that can resolve issues relating to all aspects of family law in a controlled and organized manner.
Generally, mediation is carried out by a certified mediator who manages discussions and helps find a resolution in a controlled manner. Often, meditation is critical to disputes because it provides solutions for separation or divorce-related matters and remedying custodial issues.
Not too many people know about family law mediation, and we are here to impart everything you need to know about this important process. Whether you’re finding a solution for parenting, support, or property division issues, scheduling mediation will allow you to iron out matters smoothly before further complications arise.
Why Mediation is So Effective
You may be wondering what makes family mediation with a professional like Dorsey Law JAX a more desirable method for resolving your custodial concerns. Let’s look at the various advantages that are well worth taking into consideration:
Advantage #1: You Can Solve Matters Privately
With family law mediation, you won’t have to worry about having your sensitive family issues be subject to the discussion of unwelcome ears and mouths. It is a private process held behind closed doors. Your situation is one that delves into matters you wouldn’t tell a stranger about, so privacy is a tremendous advantage offered by mediation.
Advantage #2: You Won’t Have to Go through Litigation
The process of settling family disputes or matters in court can be a complicated matter. Going through a trial can further sour relationships, leading to severe or unjust decisions. Through family law mediation, you can reach a plausible solution without the need for court dates or litigation fees. Experienced mediators will establish and force a civilized discussion for amicable settlements.
Advantage #3: You Can Reduce Legal Costs
Settling custodial disputes in court means spending a lot of money on lawyer’s fees, consultations, and arraignments. Fortunately, you won’t have to go through great, costly lengths to solve your issues because a mediator will help you establish more productive solutions at a fraction of the expected cost!
Conclusion
As troublesome or complicated as it may be to settle family matters and custody disputes in the court of law, things will not be so difficult if you opt for family law mediation. Through this process, you’ll be able to handle complex matters in a more cost-effective, private, and efficient manner.
When going through legal disputes, it’s essential to have a respected lawyer stand by your side and give you the best legal advice possible. Finding an experienced and knowledgeable trial attorney will mean that all of your needs are met. Contact our experts at Dorsey Law JAX today!
July 2, 2021
Divorce is sometimes a necessary measure to ensure the happiness of married people—separately. The entire divorce process can be stressful, however, especially for embittered couples. Assets are also at stake, which can be especially complicated in high asset divorce cases.
In Florida, the divorce law dictates that there will be an equitable distribution for the division of assets and liabilities. This means that the division of assets and liabilities for couples going through the divorce process will be 50/50. However, there are circumstances where a 50/50 split won’t happen easily.
To understand more about Florida’s divorce law, read on below.
Can You Lose Your Assets in a Divorce?
Determining whether or not you can lose your assets in a divorce can be tricky, but never impossible. The first step is to examine any asset or accumulated debt as a singular property. This is usually a straightforward process, as an asset acquired during the marriage will normally be divided equally. However, there are some exceptions to the case, such as an asset acquired prior to the marriage will usually be considered non-marital property and remain with the owner. Commingled property, like investments, bank accounts and also the home are usually titled in both names.
The House
One party can plea for a partition claim in the divorce if they want to sell the house as part of the divorce. Should the partition be granted, both parties receive equal proceeds. However, a special master will be needed to sell the house.
If a mortgage remains on the house, the spouse who has possession will be responsible for the monthly payments post-divorce. If the required spouse fails to pay, both parties will be held liable by the mortgage company. This is because the mortgage company is not a party to the divorce and is not controlled in any way by the divorce.
Student Loans And Credit Cards
Credit card debt and student loan debts are liabilities. As such, they may be split 50/50 under Florida’s divorce law. In the case of credit cards, they are considered marital debt even if only a single spouse is on the card.
Student loans, on the other hand, can be huge amounts of money. There are even cases where it’s greater than the couple’s mortgage. Like credit card debts, student loan debts incurred during the marriage are also to be divided equally among both parties.
The Prenuptial Agreements
A prenuptial agreement is a contract that couples sign before they marry. In the contract, it states what will happen in the event of a divorce. Under Florida’s divorce law, marital assets will be divided 50/50 unless stated otherwise in a prenuptial agreement. A well-executed prenuptial agreement will be followed by the divorce proceedings, even if the Florida Divorce Law is in effect.
Is It Possible to Receive More Than 50% Of the Marital Property?
As stated before, all assets and liabilities are to be divided equally under the Florida divorce law. However, it’s also possible that a spouse may be awarded more than 50% of the assets. This is referred to as an unequal distribution.
Under Florida Statute, 61.075, the following criteria are considered by the Court in determining whether there is jurisdiction for an equal distribution.
(a) The contribution to the marriage by each spouse.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage.
(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
Conclusion
When it comes to dealing with your divorce, it’s crucial to hire an attorney who knows the law. You need an attorney with a good reputation. Hiring the right one can give you justice, especially in an unhappy marriage.
If you need assistance with your divorce in Jacksonville, Dorsey Law Firm can help. We have experienced lawyers who will assist you through your divorce. Book a consultation with us today!
