May 19, 2021
Driving under the influence or DUI is a severe offense against public safety in the state of Florida and all other parts of America. It can result in tragic accidents, which is why you should never drive when you’ve had one too many drinks.
However, some people insist on breaking the law, thinking that they can get away with it. Others may have had just a few drinks, thinking that it wasn’t enough to consider themselves too drunk to drive. With all the gray areas and extenuating circumstances, charging someone with a DUI isn’t something that officers can do out of nowhere just because the driver missed a stoplight after having had a glass of wine before driving.
To help you navigate this somewhat complex area of the law, here is what you need to know about DUI charges in Florida:
On What Grounds Are Police Officers Allowed to Stop You?
Police officers obviously won’t be able to tell if a driver is intoxicated unless they talk to them personally, but they usually are only able to do that once they stop a driver that has violated traffic laws. Going above the speed limit, switching lanes too often, and missing traffic lights are all valid reasons to pull a car over.
What Are Your Rights at a DUI Stop?
If the police officer is suspicious that you, the driver, are intoxicated, they can ask if you are. However, you are not obliged to answer as anything you say can and will be held against you under a court of law.
Police officers can ask you to step out of the vehicle—and you should comply. They cannot use force to pull you out, but they do have the right to charge you for not cooperating.
Once you step out of the vehicle, they will use a breathalyzer to see if you are intoxicated. This provides a B.A.C. reading. The legal limit is under 0.08 in Florida. Anywhere over that is grounds for a DUI. However, being somewhere between 0.05 to 0.08 is a bit of a grey area.
Some people are too drunk to drive at 0.05 level, while others can still function normally at this blood alcohol level. If you are charged with a DUI but are under the legal limit, you can contest it.
If you aren’t found guilty of a DUI charge, you may still pay the ticket for the traffic violation. Anyone can make an honest mistake on the road, especially at night. Dealing with that charge won’t necessarily affect your public record.
Conclusion
Driving under the influence is a serious charge against someone and should not be taken lightly. Being found guilty of it can affect your public record permanently and can even take away some opportunities.
Some people stopped by police might have driven under the influence, but charging people with a DUI or any crime must come with incontrovertible evidence, which is why you have the right to contest the charge against you.
If you find yourself in a predicament regarding the charges against you, get the best Jacksonville trial lawyer on your side to help you. The Dorsey Law Firm has been practicing criminal law for 35 years, helping hundreds of clients get the justice they deserve. Call us today.
May 6, 2021
Divorce can be hard. The separation of two intricately connected lives can be messy and painful. This is especially true for your finances. Not only is there the cost of the divorce; there’s also the split of your assets.
Your financial stability may be affected by your divorce, both now and for the foreseeable future. If you have a trust, you may be wondering whether that will protect your assets from your divorce. The answer is a little complicated.
State Divorce Laws and Trusts
Depending on your state, trusts may or may not be able to help you. For example, Florida doesn’t necessarily split between two spouses 50/50. The courts will instead do what they think is fair to both spouses. Should your trust fund be classified as marital property, it will be part of your financial split.
However, the fund itself won’t necessarily be split in half. Occasionally, a trust fund will be awarded to just one spouse. This is usually done to balance out property awarded to another spouse. For example, if one spouse gets awarded the family car and other property, the other spouse may be awarded the trust fund to keep things balanced.
Trusts and Divorce
Simply put, to find out what happens to your trust, you have to know what kind of trust it is. There are also other factors like when the trust was created, which spouse contributed the funds, and how the funds within the trust fund were used. These factors can change how the trust is dealt with during a divorce.
The two most common types of trust are irrevocable trust and revocable trust.
Revocable Trust
In short, a revocable trust is one that can be amended or canceled. Instead of wills, people usually use revocable trusts as you can use them to mitigate or even avoid altogether the lengthy probate process.
If one spouse (the settlor of the trust) should decide to execute a revocable trust fund, it becomes null and void when the marriage dissolves. What this means is that should there be any provisions in the trust that affect or are directly for the settlor’s former spouse, these are voided.
Furthermore, the law (in Florida) treats the settlor’s spouse as if they died on the date of the annulment or entry of the judgment for dissolution of marriage or divorce. So as long as you only used separate funds to fund the trust, the settlor retains control of the trust fund. These cannot be transferred to your former spouse.
If you have used marital funds, then the fund will be considered marital property. This may cause the courts to order that the trust be dissolved, and the funds be divided.
Irrevocable Trusts
If you’re in Florida, then an irrevocable trust cannot be considered marital property. This is true even if you made your spouse the beneficiary. Unlike revocable trusts, there isn’t any law that voids provisions for a former spouse. This means that they will continue to benefit from it even after a divorce.
Conclusion
Divorce is truly a difficult thing and a trying part of life. Make it easier by hiring an experienced attorney. They will be able to truly help you manage your trust fund or any other financial holding as you navigate your divorce.
Are you in need of a trustworthy divorce attorney? Contact Dorsey Law JAX today! We represent clients for divorce, family law, criminal defense, and more.
April 29, 2021
In this day and age, there are many real estate opportunities that present themselves to people who want to invest. One example of this comes in the form of a timeshare. While most timeshare deals are uneventful, there may be some instances where timeshare deals can go pear-shaped.
If you have gotten yourself into a timeshare contract that you want to cancel or have found yourself in the middle of a timeshare scam, it is easy for you to feel overwhelmed. This is where hiring the services of a timeshare attorney will come in handy.
Keep reading to find out more about the value in hiring a timeshare attorney.
Need to Get Out of a Timeshare Contract? Hire an Attorney!
There are many aspects of a timeshare that may be overlooked when you initially sign your contract. There may be different parts of the timeshare deal that you may not completely understand. It is these small things that may warrant the need for you to hire a timeshare lawyer later on. Here is a guide to help you discern when you will need this type of legal help.
Why You May Need a Timeshare Lawyer
The moment you sign the dotted line on your contract, it will become a legally binding and fully enforceable document. There may be some instances where you may not fully read your contract prior to signing (which should not be done as much as possible), and not like the terms with which you have already signed and agreed to. Working with an attorney will help you understand what you signed and if there is any way you can get out of this obligation.
Get Help Exiting Your Timeshare
The only way for you to exit your timeshare deal is to prove that there was some type of fraud that took place when you signed the contract, or if there is something fraudulent within the specific wording in the contract. A timeshare lawyer will be able to help you see if you have a valid case that can be filed. If they see that there was indeed some type of fraud that took place, they will assist you in filing a case to get out of your timeshare contract.
A Timeshare Attorney Has Leverage
Leverage is everything, and if that’s what you need, an attorney is your best hope. Keep in mind that no other organization will be able to get you this kind of leverage except a legal professional. It may be extremely difficult to file a case when it comes to timeshare contracts, having legal counsel on your side may make a huge difference.
Conclusion
If you find yourself in a sticky situation that you seemingly have no way out of, your best bet is to contact a lawyer. This is especially important if you feel that you have entered into an unfair situation. Keep in mind that even if you had signed a contract, you may still be able to have a valid case. The thing is that you may never be sure until you talk to a lawyer about your situation.
Should you be in need of a lawyer to help you sort out your timeshare contract, the legal professionals at Dorsey Law Jax can help you! We have skilled lawyers in Jacksonville that specialize in holiday hot topics, COVID-19 effects on divorce or child custody, high net worth divorce in jacksonville or ponte vedra, visitation and timesharing, grandparent’s visitation, social media and text effects in court, DUI, drug trafficking, property division, auto accidents, slip and falls, drug possession. Get the best legal help for your criminal law case today!
