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Florida Legal Blog

Why do police pull someone over for suspected DUI?

Police can't simply pull any driver over and carry out sobriety tests. They need to have probable cause to suspect the driver of breaking the law before they pull him or her over. This probable cause doesn't have to initially relate to drunk driving. It might simply be that the driver was speeding or drove through a red light. However, such an innocuous stop could later -- after police examine the driver -- lead to a DUI investigation and arrest.

Here are three types of key evidence police might observe in order to suspect a driver of intoxicated driving:

1 death after alleged drunk driving-related accident in Navarre

A woman from Texas is dead in the wake of a tragic Navarre, Florida, accident. According to police, the woman fell from the side of a moving sport utility vehicle (SUV) on a recent Sunday during the early morning hours. Police suspect that the woman fell onto the road, and another vehicle struck her.

The Florida Highway Patrol (FHP) claims that two women were hanging onto the outside of the SUV while it was crossing the Navarre Beach Causeway. That's when the woman who fell lost her handhold and tumbled into the roadway. Police allege that both of the women and the driver of the SUV were intoxicated by alcohol at the time of the accident. The three of them were from Texas, visiting Florida on a trip from Houston.

Is a 60-40 parenting schedule right for my family?

A 60-40 parenting schedule is not ideal for everyone, but it could be perfect for you and your future "co-parent" and children. Ultimately, the most important thing about any parenting schedule you choose is that it benefits your children, while also being practical for your and your spouse's work schedules, living arrangements and other considerations.

As for the 60-40 parenting plan specifically, this plan might work for parents who have the following characteristics:

  • You both want to spend as much time as possible with your children, but you can't seem to make the 50-50 plan work as a result of your work schedules.
  • You and your spouse communicate well and find it easy to reach agreements about where to do child exchanges and how to raise and discipline your children.
  • You live close enough to your co-parent that child exchanges are easy and convenient.
  • Your child is happy and comfortable changing homes on a regular basis and essentially having two primary residences.
  • You've realized that due to your or your spouse's work schedule, and your children's school schedule, the 60-40 plan actually is the fairest way to divide your time.
  • You and your ex-spouse are both on board with the idea of a 60-40 schedule and you both agree it's in your child's best interest.

Parenting and divorce: 4 tips for better health and wellness

As a parent going through divorce, one of the things you need to think about is your emotional well-being. There is a saying that you're no good to anyone else if you're not alive or healthy, and that's a reality even during a divorce. If you become too strained, anxious or depressed, it's your children who could suffer the consequences.

Since that's the case, it's a good idea to know several ways to manage your own health and wellness, stress and anxiety before you begin a divorce. Having the right tools in place makes you a better parent and encourages you to handle your emotions in a meaningful way. Here are a few things to consider.

2 strategies to stay respectful during divorce

No one can predict every important issue to be addressed in an upcoming divorce. There are too many variables for that. Nevertheless, the most significant and unpredictable variables associated with divorce are likely to be the attitude, temperament and desires of your soon-to-be ex. As such, one of the most important things that any divorcing spouse in Florida can do is to manage carefully the relationship that he or she maintains with the other half of the divorce process.

Here are two strategies spouses can use to ensure they maintain as respectful a relationship as possible with their soon-to-be exes during their divorce process:

Should I keep a parenting journal?

The most important consideration in any child custody dispute relates to the best interest of your child. To this effect, the court will carry out a lot of analysis and evaluation of factual evidence to determine what's most important for your child's welfare.

One matter that the court usually views to be in the best interest of children is for them to continue living with their primary caretaker. The primary caretaker is the parent who performs the bulk of the parenting responsibilities on behalf of the children. So, how do you prove you're the primary caretaker?

Police find man with undersized fish: Leads to drug crimes arrest

It's not uncommon for a relatively minor legal violation to lead to a serious drug crimes arrest. In fact, many drug possession arrests in Florida happen because police make a traffic stop or question someone whom they suspect is engaged in an entirely different -- and far more serious -- criminal act. This is exactly what happened in a recent drug possession arrest that wildlife officials carried out after they discovered a fisherman who was in possession of fish that were smaller than the legal limits.

A man from Homestead was arrested on misdemeanor and felony narcotics charges after state wildlife officials allegedly found him with undersized fish. Wildlife officers stopped the man and checked his fish coolers on a recent Sunday in the Florida Keys. As they continued to search, however, in addition to the fish that were below the minimum size that it's legal to keep, they allegedly discovered that the man was in possession of controlled substances.

2 tips to investigate hidden assets in your divorce

You and your spouse joined financial forces from the moment you said, "I do." This means that every dollar you and your spouse earned after getting married becomes a part of the marital estate. It doesn't matter if you were earning $8 an hour as a server at a restaurant and your spouse was earning $100,000 as a bank manager. Both of your incomes should be merged together as your larger marital income. The same goes for debts and other assets and property acquired during the course of your marriage.

Unless, of course, your spouse is unlawfully hiding marital assets from you to keep them for him or herself. If you think your spouse is hiding assets, here's what you can do to get to the bottom of it:

Florida driving under the influence laws apply to drugs as well

Everyone who has a license in Florida already knows that driving under the influence of alcohol is illegal. After all, impaired driving is an important section and every driver's education course. While driving lessons about impaired driving also talked about prescription drugs and illegal use of street drugs, people are less likely to remember those details.

Over the years, a driver may begin to focus on alcohol as the primary source of impairment for drivers. After all, law enforcement does not have the ability to perform a chemical test on the side of the road for any other drugs.

What should I include in a Florida parenting plan?

When spouses decide to get a divorce and children are involved, the marital breakup will tug on the heartstrings of everyone involved. To reduce future stresses, lessen emotional wounds and finalize a divorce as cost-effectively as possible, spouses may want to try and reach an out-of-court divorce settlement. In the process of creating such a settlement, divorcing parents will also need to draft a parenting agreement.

Here's what a well-planned parenting agreement should include:

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