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Stay off Social Media during Divorce

Tuesday, May 14, 2013

If you are currently embroiled in divorce proceedings, it’s highly recommended that you stay off social media sites for the duration of the proceedings. In fact, Alabama divorce lawyers would also recommend a reduction in the amount of e-mailing and texting that you do during this period of time. That is because so many divorce cases from around the country now rely on evidence sourced from social media and social networking sites as well as a person's texts and emails.

The impact of Facebook on people's child custody and divorce cases is already well known. In fact, divorce lawyers across the country are reporting that in the past few years, they have come across an increase in the number of divorce cases involving evidence that was gained from one of the spouses’ Facebook pages.

You may not realize it at the time, but when you post something on Facebook, it can immediately be used as ammunition by the opposing party's lawyers. If you are pictured drinking, partying or otherwise having a good time, no matter how innocent, it could provide fodder that your spouse’s lawyer could use during your child custody hearing to show that you're a bad parent. Facebook in particular is a treasure trove of information that can be used in any divorce or child custody case.

In this context, emails are not that much safer either. When you send an e-mail to someone, that an e-mail can be forwarded to an unlimited number of people, and the contents of your e-mails, private as they may be, can easily be used against your interests. Often, people complain or confide about their divorce or child custody case on e-mails or text messages, and if those e-mails or texts get into the wrong hands, it could have a negative impact on your case.

Judge Denies Petition of Husband Who Tried to Annul Divorce Of the Wife's Death

Monday, May 13, 2013

An interesting case in the United Kingdom involves a man, who says that he was fraudulently made to sign divorce papers while his wife was on her deathbed. The man filed a petition to appeal the divorce two years after his wife's death, but a judge, who has denied his request, has dashed his hopes.

The man Desmond McIntosh is dyslexic, and has severe difficulty reading and writing. His wife died in 2007 at the age of 71, after suffering from lung and brain cancer. According to McIntosh, he had no idea that his wife had made him sign the divorce papers, although he spent the last two years of her life caring for her during her illness.

It was only after her death that he found out that she had filed divorce papers, and had made him sign the divorce papers in 2009. He claims that the signature on the documents was unfairly obtained by his wife, and approached the court to appeal the divorce.

The couple who married in 1990 has a home in London, in which they have lived for 16 years. The couple owned a carpentry business together, and the house was in Mrs. McIntosh's name. As a result of this divorce by proxy, it seems that Mister McIntosh has no access to his share of equity in the house, and his wife obviously cannot give reasons for why she allegedly obtained the signatures on the divorce papers. His lawyers appealed for the court to clear the way so that he could share 50% of the equity in the house.

The judge has dismissed Macintoshes petition to appeal the divorce decree, although he has not yet given his complete reasons for doing so.

Parents Need to Change Teen Attitudes about Driving under Influence of Drugs

Wednesday, May 08, 2013

Far too many teenage drivers have a lackadaisical attitude about driving after smoking pot, and in fact, many teenage drivers actually believe that it makes them better drivers. A new study finds that these frightening attitudes are widespread among teens. Parents and communities need to be focusing hard on tackling the underestimated problem of teen driving under the influence of drugs.

According to research conducted by Liberty Mutual and Students against Destructive Decisions, which is a nonprofit organization aimed at educating teenagers about safe driving, most teenagers who drove after smoking pot reported that the drug either improved their driving abilities, or did not have any effect on their driving abilities at all.

That is a very dangerous attitude to have, and California car accident lawyers find it disturbing that as many as 34% of teenage motorists operating a car under the influence of marijuana believed that the pot actually made them better drivers. About 40% of the teenage drivers in the study reported that the pot had no effect on their driving abilities at all.

Compare that to attitudes about alcohol use. As many as 62% of teenage drivers reported that drinking alcohol affected their driving abilities adversely.

Obviously, many teenagers have a frivolous attitude to driving under the influence of drugs, and this is extremely dangerous. Many teens are aware that driving under the influence of alcohol is dangerous and increases their risk of an accident, but do not apply the same logic to driving under the influence of pot.

The study also found that as many as 20% of teenage motorists have driven under the influence of alcohol, pot and illegal prescription drugs.

Investigations into Police Officer in Pedestrian Accident Continue May

Wednesday, May 01, 2013

A police officer who was involved in a pedestrian accident 3 months ago is still out patrolling the streets. New video footage shows that the officer struck the pedestrian, with a squad car, and left the scene of the accident.

Video footage that has recently been released clearly shows the victim rolling over the squad car with the police officer still at the wheel. From transcripts of 911 calls that were made by the victim, and radio transmissions, it seems that the officer avoided answering questions by his department.

The video clearly shows the police officer getting out of the squad car, and talking to the victim for about 4 minutes. During this period of time, he radios his colleagues that to say that he has stopped, but does not mention the reason why. In other words, he does not mention that his car has struck a pedestrian who is now lying on the road.

Criminal investigations into this incident are still ongoing, and Orlando pedestrian accident lawyers would like to know the full details of this accident before coming to any conclusions.

However, the fact is that pedestrian safety is a highly neglected issue in Florida. In fact, even though the number of traffic accident deaths has been dropping over the past few years, the number of people killed in pedestrian accidents has actually been increasing. There was an overall drop of 2% in national traffic accident fatalities in 2011, compared to the previous year, but as far as pedestrian accidents were concerned, there was actually an increase of 9% in accident-related deaths.

The risk of pedestrian accidents in and around the Orlando region is only likely to increase over the next few weeks, as summer kicks in, and large numbers of locals as well as tourists join motorists on the road.

NHTSA Funding Cuts Could Impact Traffic Safety in Surprise

Tuesday, April 30, 2013

Funding for essential traffic safety campaigns in Surprise, Arizona including those that are linked to intoxicated driving is likely to be hampered, after the U.S. House approved slashed funding for the National Highway Traffic Safety Administration’s state highway safety projects.

The new bill which will fund the government’s operations right through September 30 will cut almost $50 million from highway safety grants made by the National Highway Traffic Safety Administration.

Those grants are used for funding a number of campaigns and initiatives across several states, including Arizona. These initiatives are aimed at reducing the number of motorcycle accidents, helping reduce the number of lives lost in these accidents, and reducing intoxicated and distracted driving on our roads.

Teen drivers in Surprise may be especially affected by the funding cuts, because the highway safety grants are very often used for improvements in graduated driver licensing laws. Much of the money is also used for enforcing seat belt laws across Arizona. The agency’s grants for such campaigns are likely to be cut by 9% percent to end at just over $500 million.

There couldn’t have been a worse time for the federal administration to consider slashing funds for highway safety. The federal administration recently confirmed that preliminary statistics indicated an increase in traffic accident fatalities in 2012. Surprise car accident attorneys therefore believe strongly that funding must be continued in order to help reverse the trend, and save more lives every year.

It's unfortunate that highway safety concerns are being compromised by budget issues. Surprise car accident lawyers believe that this is the wrong time to cut funding for essential highway safety and traffic safety campaigns.

Legislation to Create Safety Valve for Federal Minimum Sentences

Tuesday, April 23, 2013

Last month, Senator Patrick Leahy, Democrat-Vermont, chairman of the Senate Judiciary Committee and Senator Rand Paul Republican-Kentucky, introduced a bill in the U.S. Senate that is aimed at creating a safety valve for federal mandatory minimum sentencing.

The Justice Safety Valve Act of 2013 would amend existing codes to add a new subsection that would create a safety valve for federal mandatory sentences. Under the bill, judges would be given the authority to sentence offenders to below the minimum federal sentencing standards, if they believe that the sentence does not fulfill the guidelines, or meet the punishment goals that are defined in 18 USC 3553 (a)

According to the lawmakers, the point of creating a safety valve like this is not to help people avoid prison time for drug crimes. Rather the point is to make sure that they do not get more prison time than is necessary. This is a fairly common situation that San Jose criminal defense attorneys come across, and very often, people who have been convicted of minor drug crimes may be sentenced to several years in prison under federal law.

According to the lawmakers, the legislation provides a certain amount of flexibility to the courts to punish wrongdoers, but not beyond the extent that they are eligible for. Under this law, courts would have the power to sentence certain drug offenders to lower than the minimum punishment if they feel that the sentence is simply excessive, too lengthy, unfair or unreasonable.

Ultimately, the goal of the legislation is to ensure that few people are sentenced to prison for lengthy prison terms for fairly low-level drug crimes, ultimately freeing up space in our overcrowded prisons.

Billionaire’s Wife Gets Second Shot at Divorce Lawsuit

Tuesday, April 16, 2013

Multi-billionaire Steve Cohen’s ex-wife is likely to get her day in court, after a court ruled that her lawsuit against her hedge fund founder ex-husband, can be reinstated.

Back in 2011, a Manhattan court had dismissed Patricia Cohen’s lawsuit which alleged that her ex-husband concealed some assets during his divorce from her in 1990. During dismissal, the court ruled that many of these allegations were old and unsubstantiated, and therefore, the lawsuit could not go forward, especially because the lawsuit came 20 years after the divorce. At the time of the divorce, Cohen was well on his way to becoming one of the richest men in the country.

Back in 2009, her lawsuit alleged that Cohen had concealed assets worth more than $5 million during the divorce proceedings. The lawsuit also claimed that the hedge fund that Cohen operated was a racketeering scheme that was based on insider trading, and a number of other illegal practices.

However, now the 2nd US Circuit Court of Appeals has ruled that it has no basis to dismiss Mrs. Cohen’s lawsuit as being untimely, because she came across evidence that revealed that her ex had concealed assets in 2008, years after the divorce was finalized.

At the time of the couple's divorce in 1990, Cohen had already become a highly successful Wall Street trader, and in just a couple of years had launched his company, SAC Capital with $25 million in assets. The company has increased several times in value to become one of the most successful names on Wall Street.

San Jose divorce lawyers believe that this reinstatement of his ex-wife’s lawsuit is likely to be another major legal headache for Steve Cohen, who is currently dealing with plenty of unwanted legal attention on the operations of his hedge fund.

Experts Recommend Parental Role in Reducing Teen DUI

Sunday, March 31, 2013

Underage DUI is rising across the United States, and colleges, high schools, parents and Los Angeles DUI lawyers have been struggling to educate teenagers about the dangers of driving under the influence of alcohol and the long-term legal repercussions of having a DUI conviction on your record.

Evidence that underage drinking is on the increase can be seen in the fact that teenaged driver-related accidents are up again. It's clear that teenagers driving under the influence of alcohol are causing many of these accidents.

Unfortunately, although there are laws that specifically prohibit teenage motorists from driving with any amount of alcohol in the system, underage drinking is a fact of life in the United States. Far too many teenagers are able to access alcohol on campus, at home, or at friends’ homes, and may not realize that if they're caught driving intoxicated, there can be long-term legal repercussions.

Parents can play a huge role in helping reduce the risk of a DUI arrest involving their child. Very often, DUI arrests occur because teenagers are simply not aware that they can be arrested even if they're driving after having had just a couple of beers. The maximum legally allowed blood alcohol level for a teenage driver is zero, which means that a teenage driver cannot be driving with any amount of alcohol in his blood.

As a parent, you must educate your child about the serious consequences involved if he does get pulled over and arrested for DUI. A DUI arrest can lead to a blot on his record, a suspension of his license, and could possibly interfere with his prospects of getting admission into a good college.

Pizza Hut Workers Sue Franchise Owner for Unpaid Wages

Saturday, March 30, 2013

A group of Pizza Hut workers are taking legal action against the owner of several franchises across the country. The franchise owner NPC International owns several Pizza Hut restaurants, spread across 20 states. According to the lawsuit that has been filed against NPC International, the company failed to pay overtime pay in several cases.

There are 5 sets of plaintiffs involved in the legal action. The first of the 5 suits alleges that company managers received incentives to encourage employees to work and attend training sessions that were off the clock, and alleges that the plaintiffs did not receive payment for their off the clock work.

In the 2nd lawsuit, two shift managers allege that shift managers were also encouraged to require employees to work off the clock at the Pizza Hut franchisee outlet. Similar allegations have also been made by a delivery driver for one of the company's Tennessee outlets.

The fifth lawsuit has been filed by a number of employees of the Pizza Hut franchises, including waiters and waitresses, who allege that the company forced them to perform duties that were not related to their normal responsibilities. Those duties included cleaning and rolling silverware. Those activities were performed for more than 20% of their working hours, but according to the lawsuit, they were only paid server’s wages.

The plaintiffs seek minimum wages for the hours that they spent performing activities for which they did not earn any tips, and overtime where applicable. They also allege in their lawsuit, that they were required to report receiving more tips than actually did, so the company would not have to make up the difference to establish that they were receiving minimum-wage. San Jose employment lawyers find that this is a fairly common trick by employers, because federal law allows employers to pay less than minimum wage, if tips can make up the difference.

Breathometer Helps Smartphone Users Avoid DUI Arrests

Friday, March 29, 2013

Handheld breathalyzer devices that help motorists determine their breath alcohol level in order to avoid the risk of DUI have been around for a while now. However, a California-based company has taken such breathalyzers one step further, and developed a device that can be plugged into your smartphone to deliver a breath alcohol reading.

The device is called a breathometer, and is designed to work with both the Android and ios smartphones. The company recently met its Indiegogo funding goal of $25,000 in order to help develop these devices recently, and says that it will improve software that will help increase the potency of the device.

The breathalyzer must first be plugged into the smartphone. The breathalyzer comes with a grill on top of the device, into which the person is required to breathe. An app then determines the breath alcohol content, and delivers an accurate reading, so that the person can determine whether it is safe for him to drive. The breath alcohol reading is displayed in an easy-to-read display. It also color codes the reading, with “red” signifying that it is dangerous for you to drive, and “green” signifying that the reading is low enough for you to drive.

There are other features of the device that are very interesting to Alabama DUI lawyers. For instance, the device will maintain a record of all your breath-alcohol readings. The developers of the device also plan to add features like a push button cab service, which would automatically call a cab if you're too intoxicated to drive.

The device is now available for $50. It is a little more expensive than other handheld breathalyzer devices, but users are likely to find it more convenient.

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