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Salt Lake City Personal Injury Law Blog

Utah man is facing charges for DUI after single-vehicle accident

When a Utah resident is involved in a single-car accident, one of the questions that most law enforcement officials ask is whether the driver was impaired. As part of the investigation into the crash, field sobriety tests could be administered if the driver is not seriously injured. If the individual appears to fail those tests, he or she could end up facing charges for DUI.

One Utah man recently ended up in jail on suspicion of driving under the influence after he lost control of his pickup truck. When he did, it flipped over. When officers arrived at the scene, they claim to have reason to believe that the man was impaired. Reports indicate that he failed a field sobriety test, which is why he was taken into custody.

Which parent can claim the children on taxes after a divorce?

The simple answer to this question is that the Utah parent who is awarded primary physical custody, referred to as the custodial parent, has the right to claim the children on his or her tax returns. However, an exception to this rule allows the non-custodial parent to claim one or more of the children on his or her tax returns after the divorce. Certain requirements must be met in order for this to occur.

First, the parties must be divorced by Dec. 31 or living apart for the latter half of the year. The child must be in the custody of one or both parents for at least six months of the year. In addition, more than half of the child's financial support must come from one or both parents.

Is stopping at DUI checkpoints legally required?

Many law enforcement agencies throughout the country use checkpoints in an attempt to deter drivers from getting behind the wheel of their vehicles after drinking. The question becomes whether Utah drivers are legally required to stop at DUI checkpoints. As is the case with other legal issues, the answer is complicated. 

The first question that needs to be answered is whether these checkpoints are even legal in Utah. The simple answer is that they have been legal since 1992. However, law enforcement agencies cannot simply set up such a checkpoint without first adhering to certain parameters. First, a court order must be obtained to conduct such an operation.

Choosing between mediation and litigation in a divorce

In the first few days or even weeks after announcing the intention to end a marriage, few Utah residents would believe that they have a choice. The truth is that litigation is costly, time consuming and an emotional drain on everyone involved. However, for some people, there is not enough middle ground to even consider alternatives such as divorce mediation or a collaborative divorce. In those cases, the best that can be hoped for is that there are at least a few issues that can be resolved without involving the court.

A traditional courtroom setting immediately puts the parties at odds, and they often stay that way because it can be easy to get caught up in the whirlwind that the adversarial process can create. In many cases, neither party walks away satisfied with the outcome. Mediation or collaborative divorce is often less expensive than litigation. In addition, they generally allow a friendlier atmosphere for the parties to resolve their issues.

A prenup lets couples take care of asset division in advance

No Utah couple gets engaged to be married believing the marriage will end in divorce, but that does not mean that the parties cannot be prepared for the eventuality by negotiating and executing a prenuptial agreement. Asset division is often the most contentious part of any divorce proceeding. Taking care of this part of the process ahead of time will save the parties both time and money if they later decide to divorce.

Nearly every Utah couple could benefit from a prenuptial agreement, but there are some circumstances under which a prenup could be considered a necessity. People who have children from prior relationships might wish to ensure that assets are set aside for them in the event of their own demise. Anyone who owns a business, or has interests in one or more businesses, would benefit from a prenup to ensure that those interests remain with the business. If a party is expecting to receive an inheritance, those assets can be protected as well.

Man arrested for driving under the influence of drugs

People in a city here in Utah began making calls to the local police department after witnessing a man acting strangely. By the time police located the vehicle in question, it had smashed into the garage of a home in the area. The driver was taken into custody for driving under the influence of drugs, possession of a controlled substance and criminal mischief, along with fleeing the scene of a crash. 

The first calls to 911 were because witnesses supposedly saw the accused man sitting on a motorcycle while pretending to ride it. He is then accused of getting into his car and driving away and hitting "a few" cars before ramming through the garage door of a home, which pushed the vehicle that was already in it into the home itself. He also supposedly used a guitar to break some car windows.

Graduation is just one event parents attend in or after divorce

When Utah parents are going through a divorce, it can be an emotional roller coaster ride. Depending on the circumstances, the parties might not be able to get through the divorce without ill feelings. This means that it can be a challenge for ex-spouses to be in the same room during and after the divorce without coming to some sort of agreement.

It could take some time, but most parents realize that their feelings for each other need to take a backseat to the needs of the children. They can then recognize that those special events that occur in the lives of their children deserve to be celebrated without worrying about whether their parents will be able to get along. The one thing that Utah parents will always share is their children.

Car accident could result in DUI charges for driver

When impairment is suspected in an accident here in Utah, the driver suspected of driving under the influence could face serious charges. If the crash resulted in the serious injury or death of anyone involved, the charges could be upgraded to felony DUI. If that happens, the potential penalties could be much more severe.

A pickup truck driver recently involved in an accident involving another vehicle could be facing charges for driving under the influence of alcohol. Preliminary police reports suggest that the man somehow lost control of his pickup on a turn and hit the second vehicle. Fortunately, the pickup truck driver was not seriously hurt, but the two occupants who were in the second vehicle suffered significant injuries.

Think about the future to get through a divorce

Many Utah residents are understandably focused on the past when they are ending their marriage. It can feel as though thinking about the future is a betrayal. However, it is necessary to think about how an individual wants his or her future to be in order to negotiate a divorce settlement.

It is nearly impossible for a person to get where he or she wants to be without making a road map to get there. This often requires the ability to begin thinking in terms of "me" versus "we," as it was during the marriage. Determining what is needed to create a new single life will help with the settlement negotiations since having a plan provides focus.

Was boy's death the result of a DUI?

Sadly, an 8-year-old Utah boy lost his life in a traffic accident just one day after his birthday. The story of how he died, however, is currently subject to controversy. The question is whether his death was the result of a DUI, or if it was just a tragic accident.

The boy had received a skateboard for his birthday and was out riding it on the street. According to his grandmother, he was sitting on it at the time because he did not yet know how to ride it. At the same time, a family with small children was walking on the other side of the street.

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