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Salem Criminal Defense And Legal Blog

Don't let your children fall for these 3 big divorce myths

Children often don't have a good grasp on why adults do some of the things they do. When parents get divorced, there are many thoughts that can creep up in a child's mind. It is imperative that parents don't let their children fall for common divorce myths.

There are three big myths that almost all children will believe at one point or another about their parents' divorce.

If you own a business, it’s time to start making an estate plan

When you were a teenager, you planned to go to college. While you were in college, you planned to graduate. And when you worked at your first internship, you planned to one day have your own business in Salem. Now that you have put the "open" sign in the window and opened your doors to the public, it is time to start estate planning.

Many people think that they do not have to worry about putting an estate plan in place until much later in life, but the reality is that none of us know what day will be our last. That is why if you own a business, there is no time like the present to be sure your affairs are in order.

Understand why working with your ex may be beneficial in divorce

A divorce can be a contentious endeavor or it can be a respectful process. It is up to you and your ex to decide how the divorce is going to go. Typically, if you and your ex can work together to come up with the terms of the divorce, you might be able to get everything taken care of a bit faster.

Divorce mediation is one option that you have when you are ending a marriage. In this type of divorce, you and your ex work with the help of an impartial third party to come up with the divorce settlement.

Collateral consequences of a DUI conviction

A drunk driving conviction can lead to serious penalties. Many people think about the court imposed penalties when they consider what will happen after a conviction.

Court imposed penalties are ones that the judge issues as a result of the conviction. These penalties have a definite end date that you can look forward to as long as you do what the court requires. There are also other consequences of a conviction that you would have to deal with.

No tolerance for underage drinking and driving in New Hampshire

All drunk driving charges are troubling. However, for a driver who hasn't turned 21 years old yet, seeing those flashing lights behind them can be even more frightening. These underage drunk drivers are facing some very serious penalties that can affect their future.

It is imperative that anyone who is considering drinking before they turn 21 understand just how serious these charges are. Here are some points to consider if you are tempted to drink and drive but haven't turned 21 yet or if you have already been charged with underage drinking and driving.

What is the standardized field sobriety test that police use?

When you are pulled over for the suspicion of drunk driving, there are several things that are going to happen. One likely event is that you will be asked to complete a standardized field sobriety test (SFST).

This test is done to determine if the person who was driving was likely too intoxicated to drive safely. The SFST is standardized to ensure consistent results.

4 points you might address in a DUI defense

Driving drunk is something that many people admit they know they shouldn't do. This doesn't stop some people from driving after they have had a few drinks.

If you are stopped and end up being placed under arrest for drunk driving, you need to think carefully about everything you say and do. Your defense strategy actually starts at the second that you are pulled over for drunk driving.

What happens if you refuse a roadside breath test?

Massachusetts state law is very clear: Drunk driving is a crime. In order to deter drunk driving, the state will not only engage in enforcement in situations where an individual is clearly impaired while driving, but will also occasionally engage in broader enforcement efforts, including roadblocks.

Regardless of why your vehicle was stopped, if an officer has reasonable suspicion that you are under the influence, you will likely be required to perform a breath test. Refusing a roadside sobriety test is also a crime in Massachusetts and New Hampshire, and it won't necessarily prevent the law enforcement officers present from charging you with a DUI.

Your blood alcohol test might not have been accurate

Getting pulled over by the police was a surprise, but testing positive for having an over-the-limit blood alcohol level was even more of a surprise. You knew that you were lucid, clear and completely coherent while driving home that night, but your breathalyzer test and blood alcohol content test say something different.

Why did you fail your BAC test when you knew you were sober?

Are drunk driving checkpoints legal?

Drunk driving checkpoints are locations, often at intersections or other busy areas, where law enforcement monitors drivers to determine if they have been drinking. While there is much debate about the legality of checkpoints, in New Hampshire and Massachusetts, they are legal, and they happen frequently.

Checkpoints to monitor for intoxicated driving may be legal, but that does not mean that the actions of law enforcement are always legal. It is possible that you experienced a violation of your rights in the process of your arrest at a sobriety checkpoint, and as soon as possible, it is important to secure legal help in order to fight these charges.

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