You can still get a DUI under the legal limit
If you’re trying to avoid a drunk driving arrest, it is important to know the legal limit. For most drivers, this is going to be 0.08% in terms of blood alcohol concentration. Some commercial drivers do have a lower limit, as do some underage drivers. But most people will be governed by this limit all across the United States.
What people sometimes think is that the limit itself indicates when you’re going to get a DUI. If you get pulled over and the police give you a breath test, you won’t get arrested if you have a 0.07% BAC, but you will if you have a 0.08% BAC. But this perspective is too simplistic and misses a key point: You can still be arrested even under that legal limit.
How does this happen?
These arrests happen because the law prohibits driving under the influence or driving while impaired. The legal limit is in place so that the police can get a measurement and, if someone is over that limit, then the court can presume that they were impaired. The person may claim that they felt fine, but their BAC proves that they did not.
However, if the police can show that someone was impaired even without breaking the legal limit, then they still violated the law. If someone with a BAC of 0.07%, just caused a car accident, for instance, the police may use that as evidence of impairment. They could also use things like failed field sobriety tests.
That said, if the police do push for a conviction for someone who was under the legal limit, it changes the type of evidence that will be used in the case. It’s very important for those who have been arrested to understand all the criminal defense options at their disposal.
Is it actually better to stay together for the kids?
You will often hear parents who are considering divorce talk about how it is best to stay together for the children. They may even say that they would’ve gotten divorced long ago, but they wanted to put their children first.
It is best for children to have two parents who love them and are involved in their lives. The stability of a marriage can be helpful to kids, who value this stability and who know what to expect. But this certainly does not mean that it is always best for the parents to remain married. In fact, there are some situations in which a divorce may be better for the children’s overall development and growth.
What is the level of conflict?
What experts warn about is children who live in high-conflict homes. If they are constantly exposed to stress, unhappiness and conflict between their parents, it can have a major negative effect. According to one researcher, they would be “no better off, and in fact, may fare worse in some respects” than if their parents had separated.
In a high-conflict marriage, then, it may be better for the children if their parents split up and then worked together as co-parents. Often, this separation can lower the level of conflict. Parents who may not have been able to get along while living together and seeing each other every day may find that they are happier and more content after the divorce. They can focus on putting their children first and working together. They can still be involved in their children’s lives, which is the real key to successful development.
That being said, everyone’s situation is unique. Parents who are considering divorce need to know about all of their parental rights, their options for child custody and what legal steps they should take.
The particular challenges of a gray divorce
People are surprised when they hear of a couple divorcing after decades of marriage. But the truth is that gray divorces are on the rise.
However, couples divorcing in their 50s and 60s face unique situations not shared by their younger counterparts.
The financial implications
Perhaps one of the biggest challenges facing an older couple is the financial impact of a divorce, especially for women.
One of the primary financial concerns is dividing the retirement assets, which are often substantial and a major portion of their net worth. Dividing these assets will affect each party’s financial stability as they near retirement with limited opportunities to earn and save. A divorced couple may need to continue working longer or make significant changes to their lifestyle.
Dividing real estate is also more complex. In addition to the family home, the couple may have a vacation home and other holdings. Neither spouse may be able to take on the financial burden of maintaining the property or refinancing a mortgage.
There may be substantial investment portfolios in a gray divorce that must be divided. This may include stocks, bonds, mutual funds and other investments. Arizona is a community property state, which means couples must split all marital assets 50/50. Still, the fluctuating values and tax implications of transferring or selling these assets can complicate their division.
One issue that isn’t often discussed is that one partner may have handled all the household finances throughout the marriage, so the other spouse doesn’t have a complete understanding of their financial situation.
Anyone facing a gray divorce needs to discuss their situation with someone who can help them review the marital assets and better understand their finances. Without the proper guidance, one spouse may receive an unfair settlement and find themselves in financial hardship.
What happens if you are pulled over by the police?
Many people don’t think they’ll ever be pulled over by the police. But, when it happens, it can be startling and confusing. What happens next after a driver is pulled over can be a mystery for many people.
If you’re pulled over by the police, then you may expect the following to happen:
Probing questions and suspicion
For the police to pull over a vehicle, they must have reasonable suspicion that a crime is or was being committed. Reasonable suspicion is typically based on common sense. For example, if a driver makes repeated brakes without a reason, then the police could suspect that the driver is under the influence of something.
Following reasonable suspicion is “probable cause.” Probable cause is evidence that can lead to an arrest or search. An open bottle of alcohol in a car, for example, could be enough probable cause to charge someone with drunk driving. However, if there is no probable cause, then people have a constitutional right against unreasonable search and seizure.
During a traffic stop, the police may ask drivers several questions. These questions are used to gather evidence from a driver who may willingly admit to a crime. Drivers can plead the Fifth and assert their right to remain silent if they wish to refrain from answering questions or making self-incriminating comments.
Anything can happen to drivers during traffic stops. Drivers who learn about their legal rights may find out that their rights were violated during a traffic stop. By reaching out for help, drivers may be able to create a legal defense against criminal charges.
While Arizona has a pretty robust nightlife, and most patrons enjoy themselves responsibly enough, there are times when someone will refuse to leave a bar when asked (or return after being explicitly told they are banned).
What probably seems like a minor act of defiance at that moment can actually turn into a serious legal issue, however.
It’s criminal trespass in the third degree
Per A.R.S. § 13-1502, it’s a misdemeanor of the third degree to either enter or remain on any property after you’ve been asked to leave by law enforcement officers, owners, managers or any other person who has control of the property.
In other words, you can (and probably will) be charged with a crime if you do things like:
- Have a friend sneak you in through the back door of a club after a bouncer at the door refuses you entrance
- Refuse to leave when the bartender cuts you off and tells you that it’s time for you to go because you’re too intoxicated
- Go back to a bar after you were ejected for being too rowdy despite being told that you were permanently banned, even if it’s been a few days
Criminal trespass in the third degree is a Class 3 misdemeanor offense in Arizona, so that means you could face up to 30 days in jail, plus fines and probation if you’re convicted. The stakes could be higher if you already have a criminal record or there are any related charges, such as for assault or property damage.
Violating a bar ban is no joking matter, so it’s wise to consider prompt legal assistance if you’ve been arrested.
Deciding to divorce means accepting an assortment of challenges. Some couples have children and will need to negotiate custody arrangements. Most couples share valuable property with each other and may also have shared financial obligations that will need to be addressed during the divorce process.
In Arizona, the property division statute is a community property law. The courts will treat whatever people have acquired during their marriages as shared community property. The goal is often an equal or near-even split of marital resources and debts. Therefore, if a couple bought a house together, each spouse should receive a portion of the equity in the property.
How can someone ensure that they receive their fair share of home equity if they don’t want to retain possession of the marital home?
They need to know it’s fair market value
One of the most important steps for protecting one’s interest in real property will be knowing what it is worth. The amount that a couple paid for the house isn’t necessarily its current fair market value. Even the tax assessment will likely be far lower than the current value of the property on the open real estate market.
Most people need to bring in an appraiser to determine exactly what their homes are worth. In some cases, spouses may even seek two separate appraisals if the first one seems too low or too high to one of the spouses. They may then have to split the difference and set the value of the home in the middle of the two appraisals.
The spouse keeping the home will typically need to refinance the mortgage. Doing so gives them an opportunity to remove the other person from the deed and from the note for the mortgage. Typically, they will also withdraw a certain portion of the home equity to compensate their spouse. Other times, people may calculate what each spouse’s share of home equity would be and will then seek to retain other assets that are worth a comparable amount.
Either approach can be fair depending on factors ranging from someone’s credit score to the other resources included in the pool of marital assets. Knowing how much a property is actually worth is a crucial first step toward obtaining a fair share of the home’s equity during an Arizona divorce.
During traffic stops, the police may gather evidence against a driver if they are suspected to be drunk. The police often start by collecting the driver’s license and asking questions. If this doesn’t give enough evidence that a driver is drunk, then they may ask them to do standardized field sobriety tests (SFST).
A SFST is a kind of physical examination of a driver. The driver may go through a series of tests that are judged by the police. The police often look for physical signs that a driver is inebriated.
For many drivers, these tests may seem ridiculous. Drivers may question if they are required to do these tests. Before you learn about SFST laws, it can help to learn about the different kinds of SFSTs. Here’s what you should know:
The different kinds of SFSTs
The police have several SFSTs that they may conduct in any order. Here are the three kinds of SFSTs:
- Horizontal gaze nystagmus test: The driver may be asked to look at a moving object. They may be asked to keep their head still but move their eyes as they follow the object.
- Walk-and-turn test: A police officer may ask a driver to walk on a straight line toe-to-heel. The driver will take a few paces and then walk back to where they started.
- One-legged stand test: The driver may be asked to lift one leg from the ground. They’ll then have to hold that position for several seconds.
Any other kind of test is considered non-standardized. A non-standardized field sobriety test could involve, for example, the driver touching their nose and spelling words backward.
When a driver applies for their license, they accept implied consent laws. These laws state that drivers accept that they must take chemical sobriety tests post-arrest (such as a breathalyzer or blood test) or they could face penalties – but the same is not true of SFSTs. You can refuse those without penalty. Given how subjective they are, that’s something to consider.
If you or your loved one is facing charges of drunk driving after a traffic, legal guidance is wise.
Social media and divorce
Navigating a divorce or child custody case is an emotionally taxing journey. Many individuals turn to their online communities for support, advice or a place to vent. Because of this, it’s easy to share updates or feelings about ongoing legal proceedings. However, it’s imperative to approach social media with caution during these times. Your online activities can inadvertently impact the outcome of your case.
Although the instinct to share and seek validation is natural, especially during trying times, the digital realm is more public and permanent than it may seem at first glance. It’s essential to be aware of the potential pitfalls of using social media during divorce or child custody cases.
The potential ripple effects of a single post
Posting a casual comment or sharing a photo may seem harmless, but these can be misconstrued or taken out of context. A simple picture of you enjoying a night out could be considered irresponsible behavior, especially in a child custody battle. Even if your accounts are private, there’s no guarantee that the information won’t find its way to the opposing party through screenshots or other means.
While you might be sharing posts that reflect momentary feelings or fleeting experiences, they can be presented as evidence of your character or judgment. It’s not about hiding the truth but about ensuring you aren’t providing any material that might be used against you. Remember, the context often gets lost in legal battles, and perceptions become a reality.
The bottom line is that it’s wise to minimize your social media activity during a divorce or child custody case. In the event you have any social media content you’re concerned about, discuss it with your team.
What do judges consider in child custody cases?
It’s up to a family court judge to determine how parental responsibilities will be divided in a divorce if parents cannot agree on the way forward
Like with all other states, Arizona law emphasizes the children’s best interests during child custody proceedings. In other words, anything that concerns the child’s overall well-being and safety is a crucial consideration in child custody proceedings. Here are several aspects the court will examine.
Parental capacity
Judges assess each parent’s ability to provide a stable and nurturing environment. This includes evaluating each parent’s ability to discharge parental duties and create a stable, nurturing and safe environment for their child.
History of abuse or neglect
A history of physical abuse, neglect or substance abuse by either parent can significantly impact the outcome. The child’s safety is the paramount concern, and a judge may limit a parent’s contact to protect the child from further physical or emotional harm.
Age and preferences
If the child is of sufficient age and maturity to communicate their wishes and preferences, it may inform the court’s decision, provided that they do not contradict their best interests.
Stability and cooperation between parents
Judges often seek to minimize disruptions in the child’s life whenever possible. They also prefer arrangements that allow regular and consistent contact with both parents as long as it is in the child’s best interests.
The above considerations are just the tip of the iceberg, and judges will consider many other relevant factors depending on the prevailing situation. It’s what makes child custody cases some of the most emotionally charged and legally intricate matters in family law. Seeking the necessary guidance can help you navigate this challenging terrain successfully and ensure your child’s interests are safeguarded.
Is divorce more likely at certain times of year?
There are many things that can influence the likelihood of divorce. How old was the couple when they got married? Do they have children? Are they experiencing financial stress? Everyone’s situation is unique, and factors like these – and many more – can work together to determine how likely it is that the couple will split up.
Additionally, the time of year can influence how likely that it is that any particular couple will call it quits. It turns out that divorce is seasonal, in a sense. Statistics show that it tends to spike and decline at similar times from year to year. This suggests that the odds of getting divorced are much higher at some parts of the year than others.
How the likelihood of divorce evolves over the year
There is an increase from January until a peak around the middle of March. Things then tend to level out throughout the summer, slightly declining at the end of July. But then the divorce rate picks back up again through August, peaking just slightly lower than it did in March. From September on until December, however, there is a very dramatic decline in divorce cases filed in courts across the U.S.
What are some potential reasons for these trends?
One reason for the increase at the beginning of the year is simply that people may crave a fresh start. They may make a New Year’s resolution or focus on changes they want to make in their life. Additionally, the holidays are behind them, so they have more time and energy to focus on the opportunities afforded by divorce.
The decline in the fall also has a lot to do with the holidays. People sometimes decide that they want to get divorced in the fall, but they don’t actually file for divorce until January or later because they may not want to affect the holiday season for the sake of their loved ones.
Considering your options
You can certainly get divorced at any time throughout the year, but the statistics help to show you some of the things that couples are considering while doing so. Make sure you think about all of your legal options as you work through this process.
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