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Cuba Missouri Legal Blog

Defenses can help individuals charged with drunk driving crimes

A DWI arrest or other alleged drunk driving crime can change the course of a Missouri resident's life. Aside from the stigma that may attach when their loved ones and community members find out what they have been charged with, a person facing DWI claims may lose their license and face criminal sanctions if they are convicted. Therefore, getting beyond a DWI charge without letting it affect one's life should be prioritized and fought for with legal help.

When preparing to face one's pending legal troubles it can be helpful to know about possible defense strategies that may serve their needs. With regard to DWI and drunk driving crimes, a number of defenses may be recognized by the courts. These defenses can be affirmative and admit that the driver operated their vehicle while drunk; they may also be standard defenses that refute assertions that the driver was intoxicated and behind the wheel of their car.

Legal counsel for divorcing Missouri residents

When a Cuba resident chooses to end their marriage they may have a lot of questions. They may not know what requirements are imposed by the law for individuals who want to terminate their legal relationships. They may be uncertain of what property they will be allowed to keep or how they will continue to co-parent their kids once their marriage is over.

Although every divorce is different, it is possible for individuals to get helpful guidance and support during the divorce process. Though their friends and family members may offer them anecdotal pieces of advice from their own experiences, one of the best sources of legitimate and trustworthy information for a divorcing party is a knowledgeable family law attorney.

Taking a field sobriety test probably isn't in your best interest

Field sobriety tests are designed to mimic the multi-tasking and attention division that occurs while driving. According to the theory, if you can't successfully perform these tests, then you must be impaired.

This isn't always the case, however. Many people who haven't even had a drink then participate in these tests "fail" them. Before getting into why, let's take a quick look at what makes up the Standard Field Sobriety Tests.

What is a field sobriety test?

A traffic stop can be a stressful experience for a Missouri driver. After communicating with a law enforcement officer and answering questions about their actions and activities, they may be asked to step out of their vehicle if they are suspected of driving while under the influence of alcohol. If drunk driving is suspected by the involved police officer, the driver may be subjected to certain testing.

Field sobriety tests are a set of assessments that challenge individuals' coordination, balance and focus. Law enforcement officers should be trained on how to administer these tests and how to assess them if they use them to determine if drivers are intoxicated. There are three tests that are commonly used after traffic stops. This includes the one-leg stand, the horizontal gaze nystagmus and the walk and turn.

Alimony may be awarded during a Missouri divorce

A divorce is a legal process that requires its participants to manage many important and often confusing decisions regarding their parenting, money and property. One aspect of a divorce that many be relevant to Missouri residents is spousal support, and this post will share some information with its readers about when it may be awarded. Readers are reminded, though, that they should always talk to their attorneys about their own cases to understand how this information may apply to them.

Alimony is money that one person may be required to pay to their ex after their divorce is finalized. Not every divorce will involve alimony, as in some cases, the parties to the proceedings will be able to financially support themselves without help. It is when a party may be financially disadvantaged by their divorce that alimony may come into play.

Do not let drug charges derail a bright future

Every day, Missouri residents make decisions that may have repercussions on other events in their lives. A choice today may affect a decision tomorrow, and while many problems can be undone through hard work and planning, certain legal situations can be difficult to overcome so that individuals can get their lives back on track. For example, the choice to ignore a pending drug charge may have long-term consequences for a Cuba resident.

Previous post on this blog discussed the elements of drug possession cases and the serious penalties that individuals can face if they are convicted of their alleged crimes. While a single drug offense charge may not seem like a life-altering event for someone, it can create a permanent record of criminal conduct that can follow them for their life.

Is joint custody always awarded pursuant to a divorce?

Families that undergo the stresses of divorce understand that different factors will have different impacts on how individual cases are resolved. In Missouri and other jurisdictions throughout the nation, matters related to the custody of children will turn on how courts can best serve those children's interests. As such, parents may witness different child custody outcomes when their divorces move through the family law courts of the state.

In some cases, parents may be able to work together and share in the physical and legal custody of their children. While physical custody covers the decision of where a child will live, legal custody covers the right of a parent to be involved in the decision-making process of raising their child. These parents may be granted joint custody of their children and may share both their physical and legal custodial responsibilities.

Important elements in a drug possession case

In order for a Missouri prosecutor to build a strong drug possession case against an individual, they must be able to demonstrate that the individual's conduct met all of the required elements for the charge they are facing. As with other crimes, drug possession charges focus on the accused individuals' intentions to break the law and their actions that actually violate the law. Without evidence of intent or action, a person may be able to avoid conviction on their drug possession charge.

The intent element of a drug possession charge generally focuses on the individual's knowledge about the illegal substance they allegedly possess. The person must know that they have an illegal drug in their possession to satisfy this requirement. If a person believes that the substance they have is legal and not illicit, they may lack the required intent to be guilty of possessing an illegal drug.

Was there a problem with your DWI traffic stop?

Facing DWI charges in Missouri can be scary. You may be unsure of what to expect and how you can ever fight back and protect yourself. A conviction can result in penalties that range from loss of driving privileges to time behind bars, and you understand a strong defense is crucial – but where do you start?

One of the most critical components of a DWI defense is to carefully examine every interaction you had with law enforcement. If you experienced a violation of your rights or there was no probable cause for your traffic stop, it could compromise the prosecution's entire case. In order to have a valid reason to pull a motorist over for suspected drunk driving, there must be reasonable suspicion.

The role of fault in securing a Missouri divorce

Celebrity divorces show up in the local news from time to time, giving Cuba residents a glimpse into the lives of the entertainers who sing their favorite songs and act in their favorite movies. It is not uncommon for the reasons for these divorces to be listed as "irretrievably broken" or for the divorcing parties to have "irreconcilable differences" between them. Divorces that are based on broken relationships and differences between the parties are often termed no-fault divorces because they are simply the result of relationships that have run their course.

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