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Cartersville Legal Blog

Fewer Georgia police departments are requested Breathalyzer tests

The Georgia Supreme Court ruled that it's unconstitutional for prosecutors to admit into evidence that a defendant refused to perform a breath test back in February of this year. They argued that it violated that individual's Fifth Amendment protections by doing so. Refusal of a blood test still can be admitted into evidence in Georgia courtrooms though.

Police officers across the state used to first explain implied consent laws to suspected motorists before ultimately administering breath tests. Most of them have stopped asking suspected intoxicated motorists to take breath tests ever since the Supreme Court made their ruling back in February though. Many officers report that suspects now either have to voluntarily say that they either want to refuse or to take the test.

Police officers need a reason to stop your car

Do you tense up when you see a police car in the mirror? Do you slow down whenever you see one parked on the side of the road even if you're not speeding?

Though these reactions are natural for a lot of people, the police officers have to find a reason to stop your car. They cannot stop you randomly unless it's a DUI checkpoint. That infringes on your rights. They need to see you make a mistake or have reasonable suspicion that you're breaking the law -- by driving under the influence, for example.

Can a divorce be predicted in advance?

Have you ever attended a wedding and thought, "This will never last?" If so, your instincts may be picking up on subtle cues that a couple isn't really compatible. Researchers say that there are several scientific ways to predict a divorce.

So, what are the biggest predictors of long-term marital instability?

Informal negotiations may make divorce less stressful

You are eager to finally get divorced and experience life on your own terms once again. However, your biggest fear is going through a hostile divorce process before you experience the freedom that divorce will bring.

The good news is that your divorce process does not have to be acrimonious. Instead, you and the other party can work together to achieve an outcome that satisfies you both -- without all of the drama typically seen in a divorce court on television. Let's take a look at how you and the other party can minimize conflict during the divorce process in Georgia.

These money problems could lead to divorce

Money causes divorce, regardless of your financial level. When couples don't agree about how to spend or save money, it can lead to serious issues with the relationship, even if they're relatively wealthy.

That said, many money problems that lead to divorce come from a distinct lack. Not being able to make ends meet puts a lot of stress on a couple or a family. Remember, stress is also linked to divorce. Some of the money issues that can end a marriage include:

  • Worrying about your financial situation all the time because you just feel like there's never enough money.
  • Always wanting to buy the most expensive items when less expensive options would be fine.
  • Racking up a lot of debt on credit cards; this can happen when you don't earn enough money for your lifestyle or even when you do have a good salary.
  • Taking out too many loans. For instance, maybe you have student loans and a mortgage, but you're considering more loans on top of that.
  • Buying things that are a "bad" investment before things that are a good investment. For instance, spending on an expensive car instead of a house.
  • Ignoring complaints from your significant other about your spending habits.

Georgia community mourning death of 14-year-old pedestrian

The family of a 14-year-old boy who died after he was hit by a car is mourning his loss.

The teen was crossing Donald Lee Holloway Parkway in northwest Atlanta on Sept. 6 when he was hit by a Chevrolet Camaro. He was headed to the school bus, according to media reports. He died the following day at Grady Memorial Hospital.

How 'optimism bias' leads to accidents

The next time you see someone texting in traffic, consider what they must be thinking. Surely, they know that texting and driving causes accidents. Maybe they don't know the exact statistics, but they know that the risk of an accident goes up when they choose to do it. That doesn't stop them. Why not?

Odds are, the reason is that they think that it will not happen to them. This is often called "optimism bias" and it's something many people suffer from. They know that bad things happen, but they think someone else will suffer those negative outcomes and they'll be fine. They think the texting driver who crashes will be one lane over and the passenger who loses their life will be in another car.

Does Georgia recognize separate property?

As you move toward divorce, you may think that everything you own is owned equally by both you and your spouse. However, that's an incorrect assumption in Georgia, which is not a community property state. While you may have an equal claim to some -- but not necessarily all -- of your marital property, you may also own separate property that still belongs to just one person.

A common example of separate property is something you bought before the two of you got married. Maybe you bought the family home five years before the wedding and you lived there alone while dating your future spouse. He or she moved in after the wedding. Even if you both think of it as your home now, it may count as separate property.

How do I know if I'm paying too much spousal support?

Alimony is a sensitive topic for many people. You may feel uncomfortable with the idea of writing monthly checks to your ex-spouse, which is understandable. However, spousal support is an important part of family law that ensures the continued financial stability of a partner who earned significantly less during a marriage.

Still, your financial well-being is also important, and paying spousal support should not compromise that security. If you are unfamiliar with the spousal support process, you might not recognize when the amount is appropriate and when it should change. Here are a few things regarding spousal support that you should keep in mind.

Does being under 0.08% protect you from a DUI?

You don't want to get a DUI, and you know that the legal limit in Georgia is a blood alcohol concentration of .08%. You do still want to have wine with dinner or go out to the bar with your friends; you just want to do it in a safe manner and obey the law.

What you decide is that you're going to buy a breath test. Before getting behind the wheel, you'll test yourself to make sure you are still under .08%. Will that be enough to guarantee that you do not face charges?

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Cartersville, GA 30120

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