What Does DUI Mean?

There are lots of different names for it: driving while intoxicated, drinking and driving, driving under the influence, drunk driving, and buzzed driving. However, no matter what it is called, it is a very bad idea and can have very grave consequences for both the one who is driving under the influence and those who are on the road with them. The biggest question is: “what exactly is driving while under the influence of alcohol?”

DUI Facts

The precise definition of driving while under the influence of alcohol can be quite difficult to pin down because it is a legal term that is different from one jurisdiction to the next. However, at the very basic level, a DUI is defined as any time a person operates a motor vehicle while their ability to do so is impaired due to the consumption of alcohol or other things that can impair judgment.

DUI Misconceptions

There are lots of misconceptions when it comes to driving under the influence. One of the worst ones is that it’s perfectly okay to drive after having a couple of drinks. The problem is, different people have different levels of tolerance for alcohol, and that “one drink” can have different levels of alcohol content. Additionally, the amount of time is vital. Due to all of these factors, an individual may have only had a “couple” of drinks and be completely sober while someone else could have those same “couple” of drinks and have a blood alcohol content that makes it illegal for them to drive.

DUI History

Since motor vehicles were invented, society has tried to protect itself from those who choose to drive while under the influence of alcohol. So, every nation has developed systems and regulations that find those who are driving under the influence and tries to punish or rehabilitate them.

DUI Risk Factors

There are too many risk factors associated with drunk driving to even begin to list them all. First of all, there is the immediate danger to the driver who is intoxicated, as well as the passengers that are with them. There is also the danger that driving under the influence presents to those who are on the road with the drunk driver. Drunk drivers often cause terrible accidents due to several different factors. When intoxicated, motor skills, perception, and judgment of the individual are all impaired, making it unsafe to be in control of a motor vehicle or take part in any other potentially dangerous actions while under the influence.

DUI Effects

The effects of driving under the influence can be devastating. Lives can be ruined in more than one way. Individuals who are chronic drunk drivers are subject to face severe punishments in an effort to keep them from hurting themselves or others. The toll of drunk driving on human life is hard to precisely pin down, however it is known that in the USA alone, thousands die each year from drunk drivers.

Personal Injury Attorneys: What You Should Know

trial lawyersTort law is an area of law that deals with civil wrongs– or torts. A personal injury lawyer specializes in this branch of law. They will help you to sue someone when you have been morally, psychologically, or physically harmed due to wrongdoing or negligence on the part of a single person, organization, or company- even when the individual had no intentions of causing harm. However, a personal injury attorney will work to rectify the wrong that was done whether to you personally, your property, or your reputation/rights. He will place the burden of arm on those who caused the harm, or the tortfeasor.

Tort vs. Criminal Law

The term “trial lawyer” can be quite confusing, since all attorneys who are involved in suits will most likely have to bring their case to trial in a court of law.

Torts, or civil wrongs, are typically not lethal- though they can be- and typically have some sort of damages (economic or non-economic) attached. Many times, the case is pretty well defined when non-malicious intent is established on the part of the tortfeasor (defendant). In these cases, the liability is not usually so onerous that the complainant demands imprisonment of the defendant. However, this particular case does not include criminal negligence or liability.

Torts are varied and include any liabilities caused by the non-criminal words or actions of a person, workplace injuries, accidents on property or caused by vehicles, product defectiveness, mistakes in the medical realm, and even indirect violations of the constitutional rights of an individual.

LAWYER RESOURCE: Personal Injury Attorneys.

Burden of Proof

Typically, torts have much lower burdens of proof. An attorney specializing in personal injury can point out a civil wrong when someone else may not see it. Most of the time, people only file a case when there is severe stress involved. However, a civil wrong could also be considered when negligence causes the spirit of the law to be violated.

A personal injury attorney will only need to point to a prevalence of truth rather than proving his case beyond a reasonable doubt. He is not a criminal litigator, but a civil one. If you feel that you have been wrong, it is a great idea to consult a personal injury attorney because he will be able to advise you of all of your rights. He can tell you whether or not you have a case that is worth pursuing and what your chances are of actually winning.

Personal Injury and Sports Injuries

sports injuriesEveryone loves sports, but of people who play them, there is far more to worry about than the final score. Injuries are always a possibility when playing any type of sport. It is all a part of the game, and a possibility that is understood upon participation. Most of the sports injuries that occur are the result of an accident. It is common to see an  athlete with a sprained ankle or a twisted ligament, even a broken bone. But, sometimes a sports injury is intentional, and far from an accident. If this has happened to you or someone that you love, speaking with a personal injury attorney might be something that you want to do.

There are many different ways that an injury can result as the result of an intentional move. For example, hitting a player could cause them the injury, just as throwing a ball in third face could also cause serious damages. These are not accidents, and might very well be the type of case that could result in damages. It is when an intentional injury is caused that a personal injury lawsuit may be on hand. Talking to the lawyer as soon as possible is a must in this scenario.

Battery and negligence are both grounds for a lawsuit in a sports injury case. To prove either type of case the victim must have a substantial amount of information that proves that the injury was intentional or could have been prevented. This varies in all instances. The lawyer is an expert at all of these things and can help you better understand what is needed to prove that you have been wronged. They ensure that you are able to prove what you say and that you get the most amount of money for your injuries as allowed.

While sports injury lawsuits are not as common as some of the other types of injuries and lawsuits, they are very much realistic. If you have been injured, it is a must that you speak to a lawyer as soon as you can. When you have been wronged you should not have to pay twice, and without seeking the compensation for damages that you deserve, this can be something that happens. You may be entitled to payment for lost wages, medical bills and even pain and suffering, but you must talk to the lawyer to begin the process and to learn what your case may mean.

Child Custody Types

Over the years, the rules regarding child custody have changed. At one time, it was pretty standard for the courts to rule in favor of the mother receiving full custody of the children. However, today, the courts are taking the best interests of the child in mind when deciding on custody and make their decision based on that- no matter if it’s the mother or the father. You should know that while each state does have their own laws regarding custody of children, most of them choose from the following five types of child custody.

  • Sole Custody

This type of custody is only awarded when one of the parents is deemed to be unfit. Courts can rule unfit for various reasons, such as a drug/alcohol problem, proven abuse/neglect, or the new partner of the parent is unfit. If the parent is not awarded sole custody, they are the noncustodial parent. However, most states are not awarding sole custody anymore and will rule for joint legal custody as long as the child isn’t in direct harm. Sole custody does allow for visitation for the noncustodial parent.

  • Physical Custody

This type of custody is where the child lives with one parent physically. The other parent is still allowed to have visitation with the child.

  • Joint Physical Custody

In this type of custody situation, the child spends significant amounts of time with both parents. The parents will divide days and the child is “at home” with either parent. However, if the parents are unable to reach a decision on dividing days, the courts will make the decision for them. Joint physical custody will work best in those situations where parents live in the same town so that the child will be able to attend school and still be near their friends. This situation gives the children a normal routine and therefore lowers stress.

  • Legal Custody

In some cases, courts could rule that one parent gets legal custody. This means that they have the right to make decisions regarding the upbringing of the child. They are obliged to act in the best interests of the child. Decisions include: school, medical care, and religion. Legal custody is only awarded to one parent in extreme cases and only if it is in the best interests of the child.

  • Joint Legal Custody

In most states, courts rule for joint legal custody. This means that the decisions regarding the child must be made by both parents. If one of the parents defies this agreement, they can be taken back to court and the other parent can ask the judge to enforce the agreement. The judge may or may not be able to put the offending parent in jail or levy fines, but it does increase the tension between the parents. The children are the ones who suffer the most when the parents cannot agree.

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Divorce: Things You May Not Know

Studies have shown that approximately 50% of first marriages in the United States end in divorce. For people who’ve been married multiple times, that percentage increases. It is a very sad situation overall and has various causes and effects. However, not all of the effects are negative ones. Research has proven that in some cases, divorce can actually be positive- especially when children are involved- because it means there is less conflict between the two spouses.

Facts about Divorce

It has been said that around 23% of families in America are single parent homes with children under 18 years old. In the United States alone, somewhere between 45-50% of first marriages will end in divorce. A Dallas divorce lawyer would be particularly busy as the state of Texas has a rate as high as 80% in winter months. This goes up to 60-70% of second marriages ending in divorce. Women age 20 and under have the highest rate of divorce, while the highest rate of divorce for men happens between 20-24 years old. Most of the time, it takes about a year for a divorce to be finalized.

Causes for Divorce

Causes for divorce are varied. Most of the time, it is due to factors such as issues with communication. If a couple can’t communicate effectively, it can cause some arguments and hostility- which can have negative effects on the marriage.

Another common reason for divorce is financial issues. Couples typically do not discuss financial matters before they get married, which can cause lots of stress later on.

In some cases, infidelity, irreconcilable differences, and incompatibility are claimed as reasons for getting a divorce. Other reasons could include differences in parenting styles, or even religious differences. Abuse, drug addiction/abuse, and sexual problems can also have negative effects on a marriage and therefore lead to divorce.

Consequences of Divorce

Especially when children are involved, divorce has long-lasting and far-reaching consequences. Some emotions that the spouses may experience are guilt, depression, anxiety, and even fear after going through a divorce. In some cases, one parent will be required to pay child support, meaning their workload must increase and visitation with the children could diminish- which causes the relationship to suffer.

For the adults, the stress following a divorce can be very overwhelming. The parenting skills of one or both parents diminish drastically following the divorce, but will get better later on, once everything has stabilized.

Research has proven that children whose parents are divorced have less achievement academically and drop out at twice the rate of those who do not have divorced parents. Additionally, some children have behavioral problems, though most do not experience these problems. Children may also experience some depression and anxiety as well as becoming anti-social with their friends. In extreme cases, teens become involved with drinking or drugs in response to the divorce.