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Miami Legal Issues Blog

The right to remain silent in DUI cases

DUIs lead to a litany of charges that can stay with a person for many years. One Florida man in Gainesville received charges for DUI and various other infractions after he drove drunk with three children inside the vehicle. The man hit a patrol car while under the influence and now faces an uphill legal battle. 

When the police arrest you for any reason, they should read you your Miranda rights. You have likely heard this many times in TV shows where cops tell people they have the right to remain silent and the right to an attorney. You should take full advantage of this right and keep silent after a DUI arrest

A DUI conviction may affect more than just your license

When you have a few drinks while out on the town, you may feel totally unimpaired. When you get behind the wheel of your car, you may not realize how much those drinks have really diminished your capacity.

A police officer who pulls you over may recognize your impairment level and, after a battery of tests ending in a breathalyzer, you may find yourself behind bars and facing a DUI conviction. Before making the choice to forgo the cab after a few drinks, you should know how much of your life may change due to one choice.

Treatment for substance users is more effective than jail

It is no secret that substance abuse is a widespread problem. From alcoholism to opioid addiction, a lot of people struggle. Misuse and abuse of these substances can lead to criminal penalties, such as DUI and drug possession charges.

While it is a widely accepted approach to stop crime, incarceration can be ineffective and expensive. Focusing on addiction treatment instead of jail is the better option, according to multiple studies

How to budget before finalizing the divorce

Different divorce requirements exist within each district in Florida. As you prep for divorce proceedings, you should be ready to decide on the type of divorce you want, prepare the initial paperwork and serve the papers to your spouse. You also need to get ready for your finances to change substantially. 

You have become used to living in a household with two incomes. Now, you will only have one source of money coming in, and it could be substantially less than what your spouse makes. You need to be ready for your financial future, and that involves planning accordingly. 

Do not accept cash after a car accident

After any car accident, it is paramount to notify the police and for all parties to see doctors. This is especially important for more severe crashes, such as one that occurred recently in Milton, Florida. One driver failed to notice traffic slowing down on I-10, resulting in a collision involving three vehicles. 

Often, car accidents result in paperwork and phone calls, but it is essential to get the compensation you need. However, some people may offer you cash at the scene of the accident if you will agree not to report it. There are several reasons why you never want to accept this money. 

How to avoid distracted driving

Florida already has harsh laws on the books for anyone who looks at a smartphone while behind the wheel. However, lawmakers currently want even stricter laws to reduce the number of people who operate a vehicle while distracted. 

You should never look at your phone while driving. Doing so can greatly increase your odds of being in a car accident. If necessary, you should install an app on your phone that prevents you from using it while going above a certain speed. What many drivers fail to realize is that there are numerous other ways you can get in a car accident due to a distraction. Here are some steps you can take to be a safer driver. 

Know how to manage conflict to keep your night safe

You go out for a night on the town. You’ve planned on hitting up a few spots with your friends. You all considered heading to Ball & Chain or possibly Bardot. You know you want some music, drinks and food. It will be a fun night with friends. You are looking forward to it after your long work week. You hope to relax and have a good time.

You never go out expecting to encounter a frustrating situation. When you are in a crowded place, sometimes people cause problems. The involvement of alcohol can intensify poor judgment and cause quick reactions.

3 things to do when asking for a divorce

You've thought long and hard about asking your spouse for a divorce, and have finally come to the realization that it's best for you. Now, it's time to take things to the next level by discussing your feelings with your spouse.

It's never easy to have this conversation, but there are things you can do to lessen the stress. Here are three simple steps to take:

  • Prepare yourself: Don't go into the conversation with the idea that you'll take things as they come. Sure, you have to remain flexible to a certain degree, but you should still have an understanding of what you want to say and how you'll react to your spouse.
  • Be firm: If you know that you want to divorce, don't let your spouse talk you out of it. Going down this path is likely to lead you to the exact same place again in the future.
  • Don't discuss the details of your divorce: There's a lot to negotiate in divorce, ranging from spousal support to property division to child custody. You need to figure these things out, but you don't have to discuss them just yet. There is time for doing so when the divorce process actually begins.

Don't let joint credit card debt complicate your divorce

Credit card debt is never a good thing. This is particularly true if you're going through the divorce process, as it can complicate things for both you and your soon-to-be ex-spouse.

There are many ways to deal with joint credit card debt in a divorce, with these tips providing you with the guidance you need:

  • Pay off joint credit card debt before you divorce: It's not always easy to get on the same page, but if you both understand the benefits, you're likely to proceed. The best way to pay off joint credit card debt is with money you have in a joint bank account.
  • Cancel all joint credit cards: Neglecting to do so gives the other person the opportunity to use the card without your permission. You may then be responsible for half of it in your divorce.
  • Use a balance transfer: If you're unable to pay off joint credit card debt, both individuals can take on half of the balance. A balance transfer credit card is the best way to do this.

Is a postnuptial agreement a good idea?

Even if you're in a happy marriage, you never know what the future will bring. Creating a postnuptial agreement will give you and your spouse peace of mind, as you won't have nearly as many concerns if you decide to divorce in the future.

There are many reasons to consider a postnuptial agreement, including but not limited to:

  • To protect yourself against irresponsible financial decisions your spouse has made during your marriage
  • To protect the inheritance rights of children from previous relationships
  • To define assets brought into the marriage by both individuals
  4. AVVO, Client's Choice 2016
  6. National Association of Criminal Defense Lawyers
  1. Alex Hanna was named Top 100 Criminal Defense Lawyer (2016) by The National Trial Lawyers.

  2. Alex Hanna is rated a Premier DUI Attorney by the American Association of Premier DUI (2016).

  3. Alex Hanna was named Traffic Lawyer of the Decade (2010) by the Minority Chamber of Commerce.

  4. Alex Hanna was given the 2016 Client’s Choice Award from Avvo.

  5. Alex Hanna is a member of The Florida Bar and Practices in the areas of Criminal, Traffic and Personal Injury Law since 2001.

  6. Alex Hanna is a member of the National Association of Criminal Defense Lawyers (2016).

  7. Alex Hanna is a member of the Esteemed Lawyers of America association (2017).

  8. Alex Hanna is a member of the American Immigration Lawyers Association (2017).

  9. Alex Hanna was bestowed the 10 best law firm award by the American Institute of Criminal Law Attorneys in 2016 and 2017.

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