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May 2014 Archives

Necessity defense unavailable in Minnesota DWI license revocation

When a person is accused of driving while impaired in Minnesota, he or she may not be aware that the state will revoke the person’s driving privilege. While police may provide a notice of revocation, it is important for people to understand that the DWI revocation is handled separately from the criminal charges.

Updating beneficiary designations can protect assets

No one wants to plan for death or a divorce but a lack of planning can create a number of unfortunate outcomes. Before getting married, a prenuptial agreement can be beneficial in that the individual parties can pre-decide how they will divide assets in the event of a divorce. Wills are another type of legal instrument that dictates where a person's assets go at his or her death.

Minnesota farmer pleads guilty to DWI in tractor on his farm

Some people may be surprised to learn how broadly Minnesota driving while impaired statutes apply when it comes to the location of an alleged offense. Some states limit DWI charges to public areas or public roads. In Minnesota, the DWI statutes have broad reach and prosecutors may enforce the laws in non-public areas.

Non-biological father forced to make child support payments

Our society and family court system accepts that parents owe a duty to pay the cost of living and everyday expenses of their minor children. Sometimes genetic testing is necessary to determine the paternity of the child, and with it the obligation to pay support. But one Minnesota man recently found himself obligated to pay child support even though a paternity test showed he was not the father.

Rochester, Minnesota, police arrest two men in one car for DWI

A person does not necessarily have to travel far in a vehicle to face drunk driving charges in Minnesota. In fact, “driving” may be a little confusing for some people when it comes to driving while impaired charges, as the car does not have to move at all to support a charge. The actual DWI statute expands the reach of the law to people who are driving, operating or are deemed to be in physical control of a motor vehicle.

Child custody dispute erupts over unborn child

Parents who go through a legal separation or divorce may inevitably have to face the issue of split parenting time. It is the simple truth, when parents no longer live under the same roof, following a separation, there will be a change in the family dynamics. Nonetheless, these battles may be even trickier when a child is not born yet, and the parents are already in the middle of a parenting dispute.

Considering how the high rate of divorce affects children

Acknowledging that a couple has marital issues or that their marriage is failing is not something easy to admit, and it is certainly not an easy event to go through. Minnesota couples understand that this often leads to divorce, which is also accompanied with divorce legal issues. When divorcing couples continually argue and find themselves in disputes over trivial matters, it is important that they establish proper ways to work through these issues to reach a fair and amicable divorce settlement.

Sober Wisconsin woman had OWI allegations hanging for months

Alleged drunk driving accidents often make news headlines. When an on-duty officer is involved in a crash with an alleged drunk driver, the story may appear on the front page. In February 2013, a 25-year-old woman was accused of operating while intoxicated after her car was t-boned by a deputy's cruiser. The woman's car was sent sprawling into a nearby tree. She suffered serious injuries in the crash--in fact doctors would find that the woman had a broken neck.

Eden Prairie man heading to ER accused of fleeing, test refusal

Hennepin County officials accuse an Eden Prairie man of fleeing police after law enforcement followed the man in his car to the emergency room at Fairview Hospital in Edina. Law enforcement claims that officers spotted a car traveling at erratic speeds on Highway 212 at around 5:30 in the morning on April 3. Police also claim that the car was crossing the lane markers on the highway. Officers apparently decided to conduct a traffic stop.

Hard to apply equitable division to the family pet

Most Minnesotans who decide to go through with a divorce have some idea of what the divorce process entails. Most people understand that at some point there will be asset or property division. Initially, property is separated into marital and separate property. The separate party remains the property of each individual spouse owner, while the marital property may be subject to an equitable division.

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