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Rhode Island Divorce From Soup To Nuts by a RI Attorney by David Slepkow

admin — Sun, 25 Apr 2010 01:42:03 +0000

This article explains the Rhode Island divorce process from pre- filing considerations through trial including Rhode Island Divorce Law strategy.

Finding a Rhode Island Divorce attorney/ Lawyer

The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.

It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer. Article By David Slepkow (401-437-1100)

Cost of Rhode Island Divorce

It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the Lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.

Intake process and drafting Rhode Island divorce Documents

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!

Should I file a motion for temporary Orders in RI?

In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance.

A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.

Should I file an emergency motion in A Rhode island divorce?

If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.

These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.

If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.

Nominal or Contested Track?

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the “nominal track” does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party .

I have seen numerous occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify. If you don’t have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

For a detailed explanation of whether or not you must have witnesses to testify on your behalf and the residency requirement for filing a Rhode island Divorce please go to my Ezine article “”Rhode Island Divorce Law FAQS How Long Until It’s Over? Residency Requirements & No Fault Divorce.” EzineArticles 14 March 2007. 15 July 2007 .

Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and Family Law Lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce. How do I get information about my Spouse?

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with “discovery”. Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories-what are they? are they worth the time and effort?

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interrogatories must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes’ lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Should I take the Deposition of my spouse in a RI Divorce?

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment

Trial

If a case cannot be settled, the Court will send the parties a notice of a pretrial conference. At the pretrial conference the Judge may make some effort to help the parties settle the divorce. If the case is not settled then the judge will schedule the matter for a trial.

About The Author

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. You can contact attorney David Slepkow by going to http://www.slepkowlaw.com or by calling him at 401-437-1100.

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Melanies Law

admin — Thu, 11 Mar 2010 21:24:00 +0000

Massachusetts Drunk Driving Melanie’s Law Summary

OUI while operating after a suspension for a previous OUI offense.

1-year minimum mandatory sentence – 2 ½ years imprisonment in a house of correction and a fine of $2,500 – $10,000.
1 year License Suspension

No person shall employ an individual with a Suspended License as a motor vehicle operator.

1st Offense = up to a $500 fine
2nd Offense = up to 1 year imprisonment in a house of correction and/or a fine up to $1000
License and/or registration suspension up to 1 year

No person shall allow a vehicle owned by him/her or under his/her control to be operated by an unlicensed person.

1st Offense = 1 year imprisonment in a house of correction and a fine of not more than $500
2nd Offense = 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
License and/or registration suspension up to 1 year

No person shall allow an individual with an Ignition Interlock restriction to operate a vehicle not equipped with the device.

1st Offense = 1 year imprisonment in a house of correction and a fine of up to $500
2nd Offense = up to 2 ½ years imprisonment in a house of correction and/or a fine of up to $1000
License and/or registration suspension up to 1 year

Operating a motor vehicle under the influence of alcohol with a child 14 years of age or younger in the vehicle.

1st Offense = 90 days – 2 ½ years imprisonment in a house of correction, and a $1,000-$5,000 fine.
2nd Offense = 6 months – 2 ½ years in a house of correction and a fine of $5000 – $10,000, or 3-5 years in a state prison
1st Offense = 1 year license suspension
2nd Offense = 3 year license suspension

Cancelation of the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.

District Attorney can to seek forfeiture of a motor vehicle for any defendant convicted of a 4th or subsequent alcohol-related driving offense.

Chemical Test Refusal or Failure eliminates the allowance of a 15-day temporary license. In addition, the operator’s vehicle will be impounded for 12 hours.

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Why You Need a Massachusetts OUI Attorney

admin — Thu, 11 Mar 2010 21:20:00 +0000

This article explains why you need a Massachusetts OUI Attorney if you are charged with a OUI in the state of MA.

If you made a bad decision of Driving intoxicated, and you get pulled over and charged with a OUI, you need to find a Massachusetts Oui Lawyer and you need to find one fast. Drunk Driving is a very punishable offense in the state of MA and an experienced MA defense Dwi Attorney is the only person that you want representing you. Their knowledge of the Oui Laws can help you get the least possible sentence for your offense.

If you are booked with a OUI in Massachusetts, your license will be suspended immediately upon arrest. In order to keep your license and to stay out of jail if you can, you need an attorney.

If it is your first offense, a Massachusetts Oui Attorney can most likely keep your out of jail and keep the fines to a minimum; all depending on the severity of your actions. You might even be able to have a smaller fine with community action service instead of jail time. There will most likely be different classes that you will be required to attend or even victim impact panels. All of these are options that a qualified attorney can use to barter with.

With the number of Ma Oui Lawyers to select from, it could be a very difficult decision as to who to represent you. First and for most you need legal consul that knows Ma Dwi law and has experience with cases. Most firms will specifically list on their web site or yellow pages if they do OUI representation. Contact only the ones who do, but you need to find out how many cases they have represented and what the outcomes were.

You should make a few different inquiries to see which Law Firm leaves you with the best impression. Were they prompt to your request? Did you feel that your case would be a priority with them?

The laws and consequences of driving while intoxicated in Massachusetts are very strict. Fines and sentences can be life changing. You can minimize the impact on your life, but to do it, you need to make sure that you have an experienced effective Massachusetts OUI attorney.

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How to Find a Massachusetts DWI Attorney

admin — Thu, 11 Mar 2010 21:17:00 +0000

An article describing the best qualities to look for in a Massachusetts DWI Attorney.

If you are in the situation of being incarcerated in MA for a DWI, you must be up to speed on the Ma Dwi Laws. Drunk Driving Laws vary from state to state and you need to know specifically what you are up against. Most of us are not completely versed in MA laws, so you need to find a Massachusetts Dwi Attorney who specialized in the Drunk Driving laws of Massachusetts.

Having legal representation before your court appearance cannot be stressed enough. Soliciting the help of a Massachusetts DWI attorney can mean the difference of thousands of dollars in fines, extended jail time and driver license suspensions.

The faster you get legal consul the more beneficial it will be for you. This should be the first call you make and as soon as the arrest happens. The internet can be a great resource for you or even the yellow pages. If a Law Firm specializes in Dwi Law, they will usually have a page referencing the fact or mention it in their ad. If they don’t go to the next, it’s important. If there is a specific page on DWI you will usually be able to fill in contact information or email so you can get a fast response.

With Dwi Penalties mounting up to thousands of dollars, extended jail terms and driver License Suspension, you definitely need to go with an experienced attorney. You need to know what their successful rate is and the number of cases that they have represented. How fast do they get back to you, do you feel like you would be a priority and how tough was it to get in touch with them? All factors that you need to keep in mind when picking an attorney.

If you do have the misfortune of making the mistake of drunk driving, it’s imperative that you get representation ASPS. It’s you need make sure that you have experience and secure legal representation.

A Dwi Conviction will turn your life upside down. You have made a big mistake and you will have to pay the consequences. Retaining a qualified Massachusetts DWI attorney can make the difference in how much you will have to pay and how severe any jail time or license suspension will be.

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DUI in MA

admin — Thu, 11 Mar 2010 21:15:00 +0000

Being arrested over for a Dui In Ma is not smart. This is a brief overview of what you can expect.

No matter what state you are Driving in, Drinking And Driving is being taken very seriously. This is no exception in the state of Massachusetts. Cracking down on DUIs is fast becoming a priority across the country. Drunk Driving has been one of the leading causes of traffic fatalities and damage to property caused by vehicles.

Massachusetts takes very strict actions if you are convicted of DUI .

It doesn’t take much alcohol to reach the limits in MA:
• .08 or greater blood alcohol content
• If your under 21 it drops to .02 or greater blood alcohol content

Law Officers are given special training to spot drunk driving and also on how to detect symptoms of DUI. They do not need a lot to justify pulling you over and enacting sobriety test.

If you are convicted of a DUI in MA the penalties will be immediately and can be harsh. First offences can range from fines of up to $5,000, with jail time up to 2.5 years and License Suspension for 1 year. Multiple DUI offences can range from fines up to $50,000, jail terms up to 5 years, license can be permanently revoked, and if it is a 3rd offense or more, it can be considered a felony.

Massachusetts also has the Melonie’s Law on the books too. These laws come to play if you are arrested for driving on a suspended Dui License. If convicted, the Melonie’s Law can impose jail time from a mandatory 1 year up to 2.5 years. Fines of $2,500 to $10,000 and a 1 year license suspension.

The long and short of things is that drinking and driving is extremely dangerous to you, others and property. If pulled over and convicted, it can have life changing consequences. If you do find yourself being prosecuted for DUI in MA, you will immediately want to find consul that specialized in Dui Law. You do have rights, and you can minimize the consequences of your actions.

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Massachusetts DUI Laws

admin — Thu, 11 Mar 2010 21:11:00 +0000

Massachusetts Dui Laws are some of the strictest of all the states. This is a brief summary of what the laws include.

All states across the country are cracking down on Drunk Driving and making it a very serious offence. Police officers are specially trained to spot evidence of even the slightest amount of drinking and will act if they suspect that you might be even close to the legal limit.

Massachusetts Laws are set up to discourage getting behind the wheel if you have been drinking and if you do, there can be some harsh consequences.

What are the legal limits to be considered DUI?

.08 or greater blood alcohol content
.02 or greater blood alcohol content if you are under 21

If you are pulled over and convicted according to Massachusetts Dui Laws you will be prosecuted based on the following: (fines and sentences subject to change)

1st Offense – Fines from $500 to $5,000. Jail terms up to 2.5 years. Drivers license revoked for 1 year.
2nd Offense – Fines from $600 to $10,000. Jail terms 30 days up to 2.5 years. Drivers license revoked for 2 year.
3rd Offense – Considered a felony. Fines from $1,000 to $15,000. Jail terms 150 days up to 5 years. Drivers license revoked for 8 year.
4th Offense – Considered a felony. Fines from $1,500 to $25,000. Jail terms 1 to 5 years. Drivers license revoked for 10 year.
5th Offense – Considered a felony. Fines from $20,000 to $50,000. Jail terms 2 to 5 years. Drivers license revoked for life.

If you have a Suspended License and your are pulled over for a DUI, you will also be prosecuted according to the Melanie’s Law.

Sentence of min 1 year mandatory to 2.5 years jail term.
$2,500 to $10,000 fines
1 year License Suspension

Driving Under The Influence is a very risky venture. You have the potential to cause serious harm to yourself, others and property. It’s not worth the gamble. If you are pulled over for DUI, you need to immediately contact an attorney who specializes in Massachusetts DUI Laws. You will be prosecuted and you need to know your rights and options.

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Massachusetts DUI Lawyer

admin — Thu, 11 Mar 2010 21:01:00 +0000

A Massachusetts Dui Lawyer is your first and only call if you are arrested on a serious crime such as a Dui In Massachusetts. Know what your up against.

Drunk Driving Laws are taken very seriously in the state of Massachusetts and it is something that you do not want to flirt with. The long and short of it is: You should never drink and drive. The slightest driving mistake can be reason to be stopped by the police. Officers are highly trained to sense alcohol and the responses of being over the limit. They will be able to tell if “I only had a few” is the truth and whether or not sobriety testing is called for.

Finding a good Massachusetts Dui Lawyer who can protect your rights, get the evidence, and negotiate on your behalf may be the difference between freedom and jail.

Massachusetts Drunk Driving Laws defined short and sweet:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

A first time offence can be sentenced up to $5,000 in fines, up to 2.5 years in jail, and driver License Suspension of one year. Repeat offences can carry a felony charge with fines up to $50,000, five years in jail and a lifetime suspension of your license. If you hurt or kill someone, these penalties go to a whole new level.

If you are arrested for Massachusetts Drunk Driving and you have an already Suspended License you will also be prosecuted accordingly to the Melanie’s Law. If you fall into this category, you will want to see the Melanie’s Law Summary.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an Lawyer who specializes in the laws of Ma Dui. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

A Massachusetts DUI Lawyer is your best option and should be your first option that you request upon your arrest.

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Massachusetts OUI

admin — Thu, 11 Mar 2010 20:52:00 +0000

Laws in Massachusetts OUI are some of the tightest in the country. This is a brief overview of what they are and what you need to know.

Drunk Driving has been the target for law enforcement and criminal courts all across the country. Massachusetts is no exception and they have some of the toughest laws on the books.

Massachusetts OUI penalties start from the first offense.
First Offense

Fine: $500 to $5,000
Jail: No minimum to 2.5 years
Driver’s License Suspension: one year
Sentences a first OUI offense can get be reduced by completing a state-approved alcohol education program. This is only for the first offense.

Second Offense

Fine: $600 to $10,000
Jail: 30 days to 2.5 years
Driver’s license suspension: two years

Third Offense (felony)

Fine: $1,000 to $15,000
Jail: 150 days to five years
Suspension: eight years

Fourth Offense (felony)

Fine: $1,500 to $25,000
Jail: one to five years
Suspension: 10 years

Fifth Offense (felony)

Fine: $20,000 to $50,000
Jail: two to five years
Suspension: lifetime

If you are Arrested For Drunk Driving in MA and you have an already Suspended License you will also be prosecuted accordingly to the Melanie’s Law. If you fall into this category, you will want to see the Melanie’s Law Summary.

Drinking And Driving is fast become a combination that has almost zero tolerance if you cross the line. In Massachusetts that line is:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an attorney who specializes in the laws of Massachusetts OUI. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

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Massachusetts DUI Attorney

admin — Thu, 11 Mar 2010 20:50:00 +0000

A Massachusetts Dui Attorney is your best option if you are arrested on a serious crime such as a Dui In Massachusetts. Know your rights.

Drunk Driving Laws are taken very seriously in the state of Massachusetts. You should never drink and drive. The slightest driving error can be cause to be pulled over. Police are specially trained to smell alcohol and the symptoms of being over the limit. They will be able to sense if “I only had a few” is really the truth and whether or not sobriety testing is called for.

Finding a good Massachusetts Dui Attorney who can protect your rights, get the evidence, and negotiate on your behalf may be the difference between freedom and jail.

Massachusetts Drunk Driving Laws define Driving Under The Influence as operating a motor vehicle with:

A blood alcohol content of.08 or greater OR
A blood alcohol content of.02 or greater if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

A first time offence can be sentenced up to $5,000 in fines, up to 2.5 years in jail, and driver License Suspension of one year.

If you have made the misjudgment of driving over the limit, the first thing that you need to do is to retain an attorney who specializes in the laws of Ma Dui. Acting fast and being informed of your rights and options can make the different of thousands of dollars and years of incarceration.

A Massachusetts DUI Attorney is your best option and should be your first option that you request upon your arrest.

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Massachusetts DWI

admin — Thu, 11 Mar 2010 20:41:00 +0000

Massachusetts Dwi laws are some of the strictest in the country. You need to know what they are and want your rights are.

Massachusetts Dwi Law states that a BAC, or Blood Alcohol Concentration of .08 or above, than it is not legal for you to operate a motorized vehicle. Doing so, you open yourself up for a possible Dwi Arrest.

Ma Dwi Laws Summarized

Massachusetts Dwi Laws rules Driving under the influence as driving a vehicle with:

A blood alcohol content of.08 or higher
A blood alcohol content of.02 or higher if the driver is under 21 OR
Under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants, stimulants, or glue vapors.

Massachusetts Laws penalties consists of fines, probation, jail terms, and driver’s License Suspension for 1 year for first time offenders. Repeat convictions will equal heavier penalties and could raise the convicted driver to felony degree charges.

Under Massachusetts DWI law, you can have the right not to be tested for alcohol levels, this might not be in your overall interest to do. By not taking the tests, you will most likely just move to a warrant being issued to have the blood test done, and will increase the likelihood of having your license suspended for the greatest time allowed by the DWI laws.

The best option to reduce the penalties the most to retain a good Dwi Attorney. Following your arrest, it must be the first thing on your list to do immediately. Having a great number of attorney available, it shouldn’t be a overwhelming job.

The expertise of an experienced Lawyer know what to do to be able to minimize the factors against you. You will have a better understanding of the Massachusetts Dwi Laws that apply with their help.

It’s imperative that you know the issues that you are confronted with now, and what penalties you can be charged with in the future too.

It doesn’t matter the charges that you might be guilty of, you do have the right what will happen in your court case. You also need to know how you can repair the charges in the best means possible. In the event of a verdict being overturned, retaining a lawyer to aid is definitely the best person to make that happen.

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