It is not a happy moment in your life - the flashing lights of a police car are in your rear view mirror and you have been drinking. This is a very stressful situation and knowing what to do ahead of time can help you manage the moment in the best way possible.
The first thing is to find a safe place to pull over and stop. Next, do not make any sudden moves, stay in your car and keep your hands in plain view. Getting out, reaching under the seat or otherwise moving around forces an officer to infer what your intentions are. What might be an innocent move can be incorrectly interpreted as threatening, leading to an escalation in the officers actions. Once the officer reaches your window, be polite. Being rude or combative is not going to help.
If the officer suspects you to be under the influence of alcohol he or she will ask if you have been drinking. You are under no obligation to answer this question or any others as you have the right against self-incrimination. You may simply state that you have been advised not to answer questions. If you do answer - tell the truth. If you are asked to get out of the car, you are almost certainly going to be arrested.
You might want to consider declining to participate in field sobriety tests as you are under no obligation to take them. Such tests can only work against you as the results are highly subjective and difficult to pass when sober let alone under the influence. Common tests are following the tip of a pen with your eyes, standing on one leg or reciting the alphabet in some fashion. Additionally, you may also be asked to take a roadside breath test (PBT). Frequent advice is to decline this test as well since the devices are very unreliable. Remember all of the roadside tests are designed to gather evidence of your intoxication. Refusing to take them gives the police and the prosecution less evidence to work with and makes their case more difficult to prove.
If you are arrested, you will be asked to take the official state test of either blood, breath or urine. This test will be administered at the detention center or a medical facility. At your expense, you can ask to be taken to an independent medical facility for the test. Failure to take this test will result in the revocation of your license for one year and should rarely be declined. However, if you are were involved in an accident, have a previous DUI or had children in the car you should contact an attorney for advice before taking the state test as it may be in your best interests to decline.
Finally, bear in mind that once taken into custody you are likely being audio and/or video recorded. Anything you say could be used against you. Of course, the best way to avoid all of this stress is to not drive under the influence. Catch a cab, have a friend drive you home - a DUI is expensive, time consuming and very unpleasant to deal with. Altering your plans because you have to much to drink is a small price to avoid the flashing lights in your mirror.
Attorney websites like http://www.Gallerlaw.com are great for researching information and providing insight on topics such as Driving While Intoxicated (or Driving Under the Influence) situations where a lot is at stake.
Posted by WebDrafter.com, Inc. with permission.
Article independently authored by Eric Parish. The content herein may or may not reflect the views and opinions of The Galler Law Firm.
Friday, January 29, 2010
Tuesday, January 26, 2010
Bankruptcy - Which Chapter Should I File Under?
It can happen to the best of us. Perhaps you suffer a prolonged or serious illness and have run up large medical bills or perhaps you are laid off and are forced to use your credit cards to pay the monthly bills. No matter how it happens, you are looking at a debt load that you are unable to pay or are getting more and more behind on each month. If you find yourself in this difficult position, you might want to consider filing for bankruptcy.
Personal bankruptcy can be filed either as a Chapter 7 or as Chapter 13. Each are designed to give you a clean slate so that you can build a new life without being hampered by pre-existing debt.
Chapter 7 is what most people call to mind when thinking about bankruptcy. At the end of approximately six months, all of your debt is wiped away with just a few exceptions including student loans and taxes. These debts will survive the bankruptcy and you still be required to pay on them. However, Chapter 7 does eliminate debt where people are most likely to be in trouble such as credit cards and medical bills. The debt is simply discharged and you are no longer liable no matter what happens subsequent to your bankruptcy. Unfortunately, not everyone can qualify for Chapter 7.
Every six months the state's median income is reevaluated and your income must fall below this number in order to automatically qualify for Chapter 7. If your income is above the median, you can still qualify by satisfying a secondary test called the means test that involves digging into your financial situation a bit more.
Additionally, in order to keep your home or car under Chapter 7, your payments must be current. If you are not able to qualify for Chapter 7 as a result of your higher income or being behind on auto or home payments, you would be forced to file Chapter 13.
Chapter 13 bankruptcy is designed for people who have sufficient resources to pay back some of their debt but are simply a few months behind on payments. Payback is facilitated by developing a court approved plan to repay creditors over the course of three to five years. In short, your "important" creditors - mortgage, auto loan, and taxes - are paid in full during the plan and the less important creditors are paid what you are able to pay based on your financial situation. Any remaining unsecured debt such as credit card debts are generally discharged at the completion of the plan.
A bankruptcy is not a decision to take lightly because it will remain on your credit history for up to ten years. Only file for bankruptcy as a last resort since it can make getting loans more difficult and often force you to accept a higher interest rate on loans you are able to obtain.
Additionally, after completing either form of bankruptcy, it is advisable to sit down with a financial planner. A planner will be able to develop a strategy to keep you on sound monetary ground and help you develop good fiscal habits. Take the breathing room the bankruptcy has provided and build a solid financial foundation to last for the remainder of your life.
For more information and guidance about filing for bankruptcy, visit http://www.GallerLaw.com. Galler Law specializes in motor vehicle, worker's compensation and bankruptcy law in the Atlanta, Georgia area and has a list of the information you will need to bring to a bankruptcy attorney if you hire one.
Posted by WebDrafter.com, Inc. with permission.
Article independently authored by Eric Parish. The content herein may or may not reflect the views and opinions of The Galler Law Firm.
Personal bankruptcy can be filed either as a Chapter 7 or as Chapter 13. Each are designed to give you a clean slate so that you can build a new life without being hampered by pre-existing debt.
Chapter 7 is what most people call to mind when thinking about bankruptcy. At the end of approximately six months, all of your debt is wiped away with just a few exceptions including student loans and taxes. These debts will survive the bankruptcy and you still be required to pay on them. However, Chapter 7 does eliminate debt where people are most likely to be in trouble such as credit cards and medical bills. The debt is simply discharged and you are no longer liable no matter what happens subsequent to your bankruptcy. Unfortunately, not everyone can qualify for Chapter 7.
Every six months the state's median income is reevaluated and your income must fall below this number in order to automatically qualify for Chapter 7. If your income is above the median, you can still qualify by satisfying a secondary test called the means test that involves digging into your financial situation a bit more.
Additionally, in order to keep your home or car under Chapter 7, your payments must be current. If you are not able to qualify for Chapter 7 as a result of your higher income or being behind on auto or home payments, you would be forced to file Chapter 13.
Chapter 13 bankruptcy is designed for people who have sufficient resources to pay back some of their debt but are simply a few months behind on payments. Payback is facilitated by developing a court approved plan to repay creditors over the course of three to five years. In short, your "important" creditors - mortgage, auto loan, and taxes - are paid in full during the plan and the less important creditors are paid what you are able to pay based on your financial situation. Any remaining unsecured debt such as credit card debts are generally discharged at the completion of the plan.
A bankruptcy is not a decision to take lightly because it will remain on your credit history for up to ten years. Only file for bankruptcy as a last resort since it can make getting loans more difficult and often force you to accept a higher interest rate on loans you are able to obtain.
Additionally, after completing either form of bankruptcy, it is advisable to sit down with a financial planner. A planner will be able to develop a strategy to keep you on sound monetary ground and help you develop good fiscal habits. Take the breathing room the bankruptcy has provided and build a solid financial foundation to last for the remainder of your life.
For more information and guidance about filing for bankruptcy, visit http://www.GallerLaw.com. Galler Law specializes in motor vehicle, worker's compensation and bankruptcy law in the Atlanta, Georgia area and has a list of the information you will need to bring to a bankruptcy attorney if you hire one.
Posted by WebDrafter.com, Inc. with permission.
Article independently authored by Eric Parish. The content herein may or may not reflect the views and opinions of The Galler Law Firm.
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