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LEGAL TIPS

DUI Offense :
What we're finding is that most accident are being caused by people who are not just .08 but double that amount, said Donna Hawkins, directors of the West Virginia chapter of Mothers Against Drunk Driving.


Legal Term "ALIMONY" Print E-mail

quick-response In many countries alimony, maintenance, or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support may continue after separation. Once dissolution proceedings commence, either party may seek interim or pendente litelitigation.

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.

Historically, alimony arose as a result of the indissoluable nature of marriage. Because divorce was rare, husband and wife remained married after their physical separation and the husband's obligation to support his wife continued. With the growing view that men and women should be treated equally, the law recognized that both husbands and wives owed each other a similar duty of support. Accordingly, courts now may order either the husband or wife to pay alimony.

Some of the possible factors that bear on the amount and duration of the support are: (see below for more details on these)

  • length of the marriage
  • time separated while still married
  • age of the parties at the time of the divorce
  • relative income of the parties
  • future financial prospects of the parties
  • health of the parties
  • fault in marital breakdown

Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a fair determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions, the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.

 
DUI & Driving Under The Influence:
Drunk Driving :
Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Such laws may also apply to boating or piloting aircraft.

Field Sobriety Test :
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS (preliminary alcohol screening) or PBT (preliminary breath test), the units are small, inexpensive versions of their larger, more sophisticated instruments at the police stations, the EBTs (evidentiary breath test). Whereas the EBTs usually employ infrared spectroscopy, the PAS units use a relatively simple electrochemical (fuel cell) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause for arrest. Although because of their relative inaccuracy they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.

* No representation is made that the quality of legal services to be performed is greater than the quality
of legal services performed by other lawyers. The information presented at this site should
not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

All Rights Reserved. Copyright © 2008 Richardson Law Offices, LLC
National Association of Consumer Bankruptcy Attorneys

Glossary of Legal Terms :: Alabama Lawyers
Driving Drunk Statistics :
According to the statistics, an increase in handed-out citations could have led to a decrease in motor vehicle accidents during the 2006-2007 fiscal year. While citations went down (930 to 773) from year one to year two, the numbers ballooned to 1,547 during year three.


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