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September 2014 Archives

Stronger drunk driving penalties is not the way to go

A recent article makes the case that drunk driving charges are not harsh enough. The people accused of such a crime deserve to be severely punished, such as with long prison sentences that have no chance of parole. The critical article seems to be aimed at fatal drunk driving accidents -- which, don't get us wrong, are tragic and unfortunate accidents -- and the people at fault in those accidents.

How is Minnesota child custody determined?

A divorce can be complicated and stressful for a Minnesota couple, especially if children are involved. In an ideal world, both parents would be able to see their children an equal amount of time. However, this type of arrangement -- joint custody -- requires a significant amount of cooperation and communication between the parents, and after a divorce, this is generally not possible. The most common child custody arrangement involves one parent having primary physical custody, with both parents sharing legal custody. How is custody determined after a divorce?

How can you get a DUI in the state of Minnesota?

The title of this post may seem like a silly question. "Obviously if you drive with a blood alcohol level that exceeds 0.08, you can get a DUI" is probably what popped into your head, and that is correct. A blood alcohol content that exceeds 0.08 can earn you a drunk driving arrest. However, there are other circumstances in which you can get a DUI, or a different DUI charge, in the state of Minnesota.

What is the purpose of a Minnesota prenuptial agreement?

With half of all marriages ending in divorce, those entering a marriage may wish to take the proper legal steps to protect assets. A prenuptial agreement may be right for many Minnesota couples, especially those who come into a marriage with a significant amount of assets. Here are some reasons why a prenuptial agreement can help you, and how you can ensure that your document is legally enforceable.

10-time DUI offender receives harsh punishment

In an amazing story for all the wrong reasons, a man was recently arrested for driving under the influence for the 10th time in his young life. The man, just 38 years old, was driving a vehicle when it swerved off the road and into a ditch where it promptly overturned. The man survived the crash, suffering only minor injuries. When he accepted a blood test, it was discovered that the man’s blood alcohol content (BAC) was 0.185.

Child custody dispute causes United Airlines to divert flight

When Minnesota couples argue over custody of their children, they typically don't involve hundreds of witnesses. However, a routine flight to China turned into a bizarre kidnapping and child custody dispute as the plane was ordered to return to the United States after reaching Canada. The 180 passengers were then informed that a woman was aboard the plane who was allegedly attempting to kidnap her son with no intentions of returning him to his father in the United States.

The police must preserve your blood test for due process

Many Minnesota residents may remember a critical DWI case from four years ago that set an important precedent regarding blood tests and the maintenance of such evidence. In the case, a man was accused of driving while intoxicated -- and according to a blood test, he was indeed guilty of the act. His blood came back with an alcohol content of 0.11, a bit over the legal limit of 0.08.

I'm going through a divorce. Will I be able to receive alimony?

When Minnesota couples decide to end their marriage, there are many issues to contend with. Not only will their assets likely be split, but there may also be issues regarding child custody and support, as well as who gets to stay in the marital home. Alimony is another issue that is commonly discussed. However, not every divorce involves spousal support. There must be evidence of financial need by one spouse coupled with the other spouse's ability to pay.

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