Saturday, 28 March 2020

How Does A Loan Modification Work?

How Does A Loan Modification Work

A loan modification is a response to a borrower’s long-term inability to repay the loan. Loan modifications typically involve a reduction in the principal balance, interest rate or an extension of the length of the term of the loan. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default or foreclosure. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers who will never be able to repay an existing loan. Loan modification is a relatively new term to most homeowners. What most people are coming to realize is that losing their house to foreclosure is becoming a real possibility. Home foreclosure in America today is at an all time high and is affecting many homeowners that never believed they could lose their home to foreclosure. Homeowners are feeling the crunch of higher interest rates and a slowing economy. A loan modification may be the only way for a homeowner to save the biggest investment of their life; their home. Negotiating with the bank for a modification of your home loan can be an overwhelming process for many homeowners.

That is why retaining the services of an experienced loan modification company is of extreme importance. The reality of today’s market is one of steep drops in real estate values nationwide coupled with tighter credit requirements. The combination of the two makes a formidable opponent for someone facing an upcoming adjustment in their payments due to an adjustable rate mortgage (ARM). It’s not a good idea to take on your lender alone. In general, a mortgage loan modification is any change to the original terms of a loan. A loan modification is different from refinancing. Refinancing entails replacing your loan with a new mortgage, whereas a loan modification changes the terms of your existing loan. This could mean extending the length of your term, lowering your interest rate or changing from a variable interest rate to a fixed-rate loan. The terms of your modification are up to the lender and will depend on what’s best for the borrower. A modification ultimately results in lower monthly payments for the homeowner.

Who qualifies for a loan modification?

Not everyone struggling to make a mortgage payment can qualify for a loan modification. Hall says homeowners typically either must be delinquent for about 60 days, or they must be in imminent default, meaning they’re not delinquent yet, but there’s a high probability they will be. Homeowners usually must also demonstrate they’ve incurred a hardship, Hall says. This could be the loss of a job, loss of a spouse, a disability or an illness that has affected your ability to repay your mortgage on your original loan terms.

Types of loan modification programs

Some lenders and servicers offer their own loan modification programs, and the changes they make to your terms may be either temporary or permanent. Most servicing companies have programs designed to help borrowers who may be struggling to make their payments, driven by some of the hard lessons the industry learned during the housing collapse a few years back. in addition to modifications, offers some at-risk borrowers the ability to refinance to a lower rate at no cost, even if they haven’t endured a hardship. If your lender or servicer doesn’t have a program of its own, ask if you are eligible for any of the assistance programs that can help you modify or even refinance your mortgage. The federal government previously offered the Home Affordable Modification Program, but it expired at the end of 2016. Fannie Mae and Freddie Mac have a foreclosure-prevention program, called the Flex Modification program, which went into effect Oct. 1, 2017. If your mortgage is owned or guaranteed by either Fannie or Freddie, you may be eligible for this new program. The federal Home Affordable Refinance Program, or HARP, helped underwater homeowners refinance into a more affordable mortgage. This program is no longer available as of Dec. 31, 2018. Fannie Mae’s High Loan-to-Value Refinance Option and Freddie Mac’s Enhanced Relief Refinance replaced HARP.

How to get a loan modification

If you are struggling to make your mortgage payments, contact your lender or servicer immediately and ask about your options. The loan modification application process varies from lender to lender; some require proof of hardship, and others require a hardship letter explaining why you need the modification. It’s possible your lender will reach out to you about getting a loan modification. If you’re denied a modification, you’ll have to file an appeal with your servicer. Consider working with a HUD-approved housing counselor, who can assist you for free in challenging the decision and help you understand your options.

Know before you modify

One potential downside to a loan modification: “If the loan is being modified due to financial hardship, you may see a note about this added to your credit report, negatively impacting your credit score,”The result won’t be nearly as negative as a foreclosure, but could affect other loans you apply for in the future. Another thing to be aware of, he adds, is that depending on how your loan is modified, your mortgage term could be extended, meaning it will take longer to pay off your loan and will cost you more in interest. But for homeowners on the brink of losing their homes, the benefits of a loan modification can far outweigh the risks.

How Loan Modifications Work

Although loan modifications may occur with all types of loans, they are most common with secured loans, such as mortgages. Lenders may agree to a loan modification through a settlement procedure or in the case of a potential foreclosure. In these situations a lender typically believes that the loan modification will provide substantial savings in comparison to a charge-off alternative. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers that adjust the terms of a loan from its original obligations. Loan modification procedures typically include the support of legal counsel or a settlement company. Loan modifications will usually involve a reduction in the interest rate on a loan, an extension of the length of the maturity of the loan, a different type of loan or any combination of the three. Loan modifications are most common with secured loans, such as mortgages, and usually involve a reduction in the loan’s interest rate, an extension of its length of maturity, a different type of loan or a combination of these three aspects. Settlement companies are for-profit entities that work on behalf of a borrower to help reduce or alleviate debt by settling with creditors. Borrowers also commonly work with mortgage modification lawyers who can help them to negotiate a loan modification for a mortgage that is threatened with foreclosure.

Mortgage Loan Modifications

Mortgage loan modifications are common in the credit market since larger sums of money are at stake. During the housing foreclosure crisis that took place between 2007 and 2010, several government loan modification programs were established for borrowers. The Home Affordable Modification Plan (HAMP) was one leading program, introduced under the Making Home Affordable program; it, along with the Home Affordable Foreclosure Alternatives Program (HAFA), expired at the end of 2016 for new modifications. Current loan modification programs include those from the U.S. Dept. of Veterans Affairs, the Federal Housing Administration and Fannie Mae (which also offers disaster relief modifications). Traditional lenders may have their own loan modification programs as well. All of these programs typically require an application.

Applying for a Mortgage Loan Modification

Borrowers and settlement parties can find information on mortgage loan modification programs through government-sponsored websites. A mortgage loan modification application will include a borrower’s financial information, mortgage information and specific details on their hardship situation. Each program will have its own qualifications and requirements. Qualifications are typically based on the amount the borrower owes, the property being used for collateral and specific features of the collateral property. When a borrower has been approved for a specific program, the approval will include an offer with new loan modification terms. As a general rule, you tend to modify a loan when your credit is bad enough that you can’t refinance the loan – so your lender changes the terms of how you’re borrowing for this current loan, so you can get back on your feet and continue paying off the loan. This almost always means that while your payments may become lower, the length of your loan stretches out much further.
There are 4 loan options within Utah Housing:
• First Home Loan
• Home Again Loan
• Score Loan
• NoMI Loan (No Mortgage Insurance)
Utah Housing helps eligible borrowers who do not have enough money to pay for a down payment and closing costs when purchasing a home. The average amount a home buyer must save for a down payment and closing costs is between 5% – 6% of the home purchase amount. Utah Housing allows an applicant to borrow up to 6% of the home purchase amount, which can help cover the down payment and closing costs. Please be aware the Score Loan and NoMI Loan offer 4% instead of 6% for the home buyer’s down payment or closing costs.

Individuals and families who otherwise are unable to purchase a home because of insufficient funds for a down payment and closing costs may still become homeowners by using Utah Housing. The following are important things to know when applying for Utah Housing:

• Your total gross household income must fall within the income limit restrictions. These limits vary by county
• Your credit history must indicate that you pay your bills on time. You must have at least a 620 credit score.
• You must be able to qualify for government (FHA) or conventional financing.
• You must live in the home – can’t purchase as a rental.
• Non-occupant co-signors are allowed (First Home Loan only).
The Utah Housing Loan Programs do not provide rental assistance of any kind. If you need rental assistance, please contact your city or county housing authority.

In Utah, all mortgage loan originators must be licensed at the state level. The licenses are regulated and supervised by the Utah Department of Financial Institutions (DFI). The license application process for mortgage entities and loan originators is managed by the Nationwide Mortgage Licensing System (NMLS). The NMLS system allows mortgage broker companies and individuals to apply, update, and renew licenses online.

In the state of Utah, there are two main types of licenses: Company and Individual. Each license type depends on the work you wish to perform.
Most Common Individual License
• Mortgage Loan Originator License – allows individuals to take mortgage loan applications and/or negotiate the terms of mortgage loans for residential properties.

All license applications must be submitted online through NMLS. Please note that some agency-specific documentation, such as the surety bond, must be sent directly to DFI at Utah Department of Financial Institutions Passing an exam is obligatory for some, but not all license types. In Utah, in order to obtain a Mortgage Loan license, you must complete a pre-licensure course and pass an examination. To enroll for the MLO test you must complete at least 20-hours of an NMLS-approved education course. After completing the pre-licensure course, you can enroll and pay the exam fee via NMLS. You can schedule an exam date either through NMLS or by contacting the exam administrator Prometric .The NMLS testing page provides more information on how to schedule, prepare, and take the Mortgage Loan

UT Mortgage Broker Bonds
Bonds for Individual Licenses
• Mortgage Loan Originator – All applicants are required to furnish a surety bond. The amount depends on the origination volume of the applicant during the prior calendar year.
• $12,500 surety bond for loan volume of up to $5,000,000.
• $25,000 surety bond for loan volume between $5,000,000 – $15,000,000.
• $50,000 surety bond if the loan volume exceeds $15,000,000.

Loan Modification Attorney Free Consultation

When You Need a Loan Modification, Please Call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-does-a-loan-modification-work/

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What Are Four Positive Outcomes Of Estate Planning?

What Are Four Positive Outcomes Of Estate Planning

One of the hardest times for any family is when a major pillar of the household has fallen through demise or being incapacitated. It is even harder when the particular individual has left wealth or estates unplanned for the descendants. This leads to squabbles among family members who each feel entitled to a part of the cake and so it is crucial that proper estate planning is done using a very good lawyer.

Some of the benefits of estate planning include:

• Peace For Everyone: This is perhaps the most important aspect of estate planning, something that a good lawyer well insists on. Ensuring that you have planned your wealth when it comes to inheritance ensures that you not only have a peace of mind but that there is peace in your family. This is of more value than the wealth itself working towards maintaining relationships. Peace in the family ensures that people are able to work in contentment even after you are gone.

• Having Goals Met: One of the many options when it comes to estate planning is creating a living trust that is flexible enough to have your goals met. It is an ideal time to ensure that some of the unfinished tasks in the family are done on your part. A living trust allows you to stipulate the conditions of an inheritance and provides a clause that only when a certain task, e.g. education, is fulfilled, can a person have access to wealth from the deceased. This allows you as the person making the will to have the upper hand when it comes to safeguarding the interests of the family as well as your own. The attorney has absolute power in making sure that the obligations are met before any part of the estate in disbursed to the mentioned successors.

• Best Decision-Making: Estate planning allows you to make very good decisions concerning your property since an estate planning lawyer is involved. It is the duty of the lawyer to take the client through all the available options and finally recommend the best for execution.

• Ensuring Growth in Posterity: This is also one of the best ways to ensure that your property is used and run by capable persons. A will like the living trust allows you absolute power to put a well capable person in charge of the estate in case you are not available in any way. It also ensures that you have total control of who gets the property.

There are four main elements of estate planning, which include drawing up a will, a living will and healthcare power of attorney, a financial power of attorney, and in some cases, a trust.

Wills

A will outline your wishes for the assets that you own at your passing. It allows you to name the people to whom you wish you give these assets, and without one, your assets will immediately go to your first family member. Having a will in place will give you peace of mind knowing that your assets (including electronic) are going to whom you want them to and knowing that your financial affairs are in order. It will also mitigate the risk of an administrative mess for those left behind. Be sure to discuss your plans with your heirs and to alleviate any issues or disagreements sooner than later.

Healthcare Directive and Living Will

A Healthcare Power of Attorney (HPOA) is a signed legal document in which you name a single person as your healthcare decision maker in the event that you can’t make decisions yourself. A living will, also known as an advanced medical directive, outlines your wishes regarding medical care in the event that you are incapacitated, terminally ill, or unable to communicate. This is a statement of your wishes as they relate to decisions about life support and any kind of life-sustaining medical intervention that you want or don’t want.

Financial Power of Attorney

Similar to the Healthcare Power of Attorney, a Financial Power of Attorney outlines who you want to make your financial decisions on your behalf should you become incapacitated. Without this document, no one will have the authority to step in and handle bill-paying, investment decisions, and other financial matters. You don’t want these things left up to the courts; therefore it’s imperative to give that authority to the person that you select. Like the Healthcare Power of Attorney, it’ best to get this document at the same time as your will. Or, if you have any discomfort in having your parents or spouse make all financial decisions for you, immediately. Online is suitable for a basic document, but if you have specific requirements that require detailed documentation, it’s best to see an estate attorney.

Trust

A trust is a legal entity that can own your assets (while living or at death) and be controlled based on your wishes outlined in the legal document that created the entity. For example, a trust would allow you to dictate how you wanted your child to benefit from your assets throughout his or her life. You may want to stipulate that they are used in a certain way or received at a certain time. A trust is a way to protect assets from being used in a way that you would not see fit if you were in control of them. There are several advantages to having a trust; however, it is not necessary unless you are worried about the oversight or care of your assets at your passing. Ultimately, you are trusting your heirs to manage and use your assets properly should you pass away. If you have a sizeable insurance policy or estate or children, a trust is worth discussing with an attorney to determine the right parameters and language for your situation.
Things that estate planning can do for you.

• The goal is to help educate you on the benefits of estate planning and give you a better idea of why you should get your estate plan taken care of as soon as possible.

• Provide For Your Family: Without an estate plan in place, your family will get less and it will take them longer to get it. This means your loved ones will be left in limbo and might end up without enough money to pay bills and other living expenses. It’s not uncommon for families with an unexpected death to nearly fall apart due to the financial strain in the weeks, months, and years to come. Good estate planning will make sure that your family is provided for and not left to face financial ruin once you’re gone.

• Keep Your Children Out Of The Department of Child And Family Services.

• Minimize Your Expenses: Do you know where most of the money goes when people don’t have a good estate plan? Attorney’s fees and court costs. When you die without an estate plan (and without a living trust, in particular) the courts are forced to handle everything: the distribution of your property, the guardianship of your children, the dissolution of your business. This is known as “probate,” and it gets very expensive — easily exceeding $10,000 for even modest estates. That’s money your family and kids could’ve used for living expenses and other bills, but instead it’s just lining the pockets of your attorney.

• Get Property To Loved Ones Quickly: You have two options here.
Option 1, your family has to wait anywhere from 3-9 months to get anything after you die. Option 2, your family gets money they need to pay bills, to pay for your funeral, to pay for your outstanding medical bills, and to pay for anything else they need right away and without delay. Which one would you choose? Good estate planning let’s you avoid the big delays that can put a real financial strain on your family.

• Save Your Family From The Difficult Decisions: Can you imagine trying to decide when to pull the plug on your spouse who is in a coma or similar condition? Or deciding how his or her remains should be handled? Those are heart breaking decisions that no one should have to face. You can ease this burden by thinking about this kind of thing in advance and planning ahead for it. You can specify in your estate plan how you want end-of-life care to be handled and what kind of disposal arrangements you want made for your remains. And there’s no one better to make those decisions than you.

• Reduce Taxes: Every single dollar that you pay in taxes is one less dollar that your family will have for paying bills and other expenses. There are numerous tax reduction strategies that you can use to keep as much money in the hands of your family as possible. The key is to start tax planning sooner rather than later and definitely not to wait until it’s too late.

• Make Retirement Easier: You might be surprised to hear that estate planning can actually benefit you while you’re alive, not just your families after you’re gone. Healthcare in particular is an area where estate planning can benefit you enormously down the road by making sure you’re eligible for government benefits like Medicare (that you’ve been paying into most of your working life anyways, so you might as well get something back), that can significantly reduce your healthcare costs and leave more money to your loved ones.

• Plan For Incapacity: Estate planning is not just about death. It’s very common for people to become incapacitated by an accident or sudden medical episode like a stroke that leaves them unable to manage their financial affairs. If this happens to you, who will take care of paying your bills or managing your healthcare? A power of attorney designation for both financial and healthcare decisions can save your family a lot of time and money and make sure everything is handled according to your wishes.

• Support Your Favorite Cause: You might have heard that Mark Zuckerberg (the founder of Facebook) decided to join Bill Gates and Warren Buffet in leaving the vast majority of his fortune to charity instead of his family. Even though you don’t have billions of dollars to leave to charity, you can still make a difference by supporting your favorite educational, religious, or other charitable cause. Even if it’s just a hundred dollars, that money can help others and make a difference in their lives.

• Make Sure Your Business Runs Smoothly: If you are a small business owner, then you absolutely must have an estate plan. It’s one of the most important things you can do and is really not optional. Without one, your business will likely fall apart quickly and completely if something happens to you, and that can cause incredible financial hardship on your family. You have the opportunity to provide for an orderly transition to someone else and continue the business by spelling out what happens if you become disabled or die. Don’t do a disservice to your family by leaving these kinds of ends untied.

It seems like many people devote more time to planning a vacation, which car to buy, or even where to eat dinner than they do to estate planning deciding who will inherit their assets after they’re gone. It may not be as fun to think about as booking a trip or checking out restaurant reviews, but without estate planning, you can’t choose who gets everything that you worked so hard for. Estate planning isn’t only for the rich. Without a plan in place, settling your affairs after you go could have a long-lasting and costly impact on your loved ones, even if you don’t have a pricey home, large IRA, or valuable art to pass on.

Advanced Estate Planning

Advanced estate planning—something more than a simple will or basic living trust can be critical for people with valuable, taxable estates. It goes above and beyond a basic foundation and provides options for minimizing or even eliminating estate taxes. Advanced estate planning can be used to perpetuate family values and protect assets for the benefit of future generations.

Advanced Estate Planning Can Reduce Estate Taxes

You can reduce or even eliminate estate taxes by gifting assets into an irrevocable trust for eventual transfer to your beneficiaries or even to charities. But the trust must be irrevocable. A simple revocable trust will allow your estate to avoid probate, but the Internal Revenue Service takes the position that you still own the assets you place into such a trust. You can revoke the revocable trust entity and take the assets back at any time. You remain in control of them. Not so with a more advanced irrevocable trust. Placing assets in an irrevocable trust is a permanent decision. You’re relinquishing ownership. Someone else not you must act as trustee. But if you can’t control them and you don’t legally own them at the time of your death, they don’t contribute to your taxable estate. It doesn’t have to be an all-or-nothing deal.

If you own some significantly valuable assets that you know you want to transfer to a certain beneficiary, you can place them alone into an irrevocable trust and maintain control over your other property. Many states allow trusts to continue for hundreds of years or even into perpetuity so you can establish dynasty trusts for their current and future family members. You can also create a legacy in your community by setting up charitable trusts or a private foundation that will provide a self-perpetuating endowment for years to come.

Estate Planning Attorney Free Consultation

If you are here, you probably have an estate issue you need help with, call Ascent Law LLC for your free estate law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/what-are-four-positive-outcomes-of-estate-planning/

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Friday, 27 March 2020

Can Infidelity Affect Alimony?

Can Infidelity Affect Alimony

Infidelity is only 1 factor that the court may look at when it comes to alimony awards. It is not the only factor. There are other factors the court will consider.

Infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person. One measure of infidelity among couples is the frequency of children secretly conceived with a different partner, leading to non-paternities. Such covertly illegitimate children amount to about 1–2% of newborns in studied populations.

Why Infidelity Happens

The term cheating is one that elicits cringes of fear, gasps of horror. Most likely you imagine that a partner in a committed relationship had sexual intercourse with someone outside of their relationship. But cheating can look like many things to many people. To some it may indeed refer to sexual intercourse only. To others it could be anything from an emotional attachment to another, fantasies of other partners, a kiss. Rather than use the term cheating here, something that makes me think more of copying someone else’s answers on a test and less about who you share your body or heart with and when.

Therefore, Infidelity as any action that violates an implicit or explicit agreement between two people thereby is undermining the relationship. The action may be physical or emotional in nature. Dishonesty is often but certainly not always part of an infidelity. To most couples, infidelity signifies a crisis, and they come in flooded with emotion and fairly deregulated. The infidelity sits in the room like another person or an object that was propelled into the scene like a bomb, ravaging lives. Life becomes polarized into before’s and after’s. Some can repair the damage done; turn an infidelity into an opportunity for growth and reconnection. And some can’t, the loss of trust being irreparable for one, the continued anger and blame intolerable for the other. Everything has a price especially in affairs of the heart. Sometimes you pay in dollars. Sometimes you pay in emotional turmoil. Often you pay in both. For better or for worse, alimony, infidelity and divorce are often hopelessly intertwined.

Emotional Price of Adultery

It goes without saying that having an affair can destroy your marriage. While plenty of couples rebound from infidelity, just as many (probably more) don’t. A spouse’s affair is often the death knell for a marriage. Even in those marriages that survive an affair, a spouse’s cheating destroys the trust that formed the foundation for the relationship. While that trust can be rebuilt, most couples don’t have the stomach or the stamina to try to do so. That’s especially true if their marriage was flagging long before the affair took place. But, adultery does more than just devastate your marriage, and your heart. When adultery leads to divorce, it wreaks havoc on your finances too. Fortunately or unfortunately depending upon which side of the affair you’re on marital infidelity doesn’t have nearly as big of an impact on the financial side of divorce as it once did.

Legal Price of Adultery

Historically, adultery is one of the oldest grounds for divorce. In many countries, adultery was punishable by death. Adultery still is punishable by death in several countries in the Middle East and Africa. It is also still a crime in many states in the United States. But, adultery is rarely, if ever, prosecuted any more. In addition to being a crime, adultery may also form the basis for civil lawsuits in many states. Again, however, such cases are rarely pursued today. When they are pursued, they are even more rarely successful. In today’s world, the place where adultery has its biggest effect is in divorce. Yet, even that effect is waning. When divorce was based on “fault,” proving your spouse was unfaithful was often the key to getting a divorce. If both spouses were faithful, the law didn’t allow you to get divorced, no matter how miserable you were. (That is, of course, unless you could prove that your spouse had done something else that warranted divorce like subjecting you to mental or physical cruelty.) But now that “irreconcilable differences” is recognized as a ground for divorce, you no longer have to catch your spouse in the act in order to end your marriage. Yet, adultery still plays a significant role in divorce.

Effect of Adultery on Divorce

With the advent of no-fault, seeking a divorce based upon adultery became less and less common. While scorned spouses still may get emotional satisfaction from filing divorce papers that publicly proclaim that their spouse cheated on them, there is little legal reason to pursue that kind of claim. Infidelity generally has no impact on custody, child support, or parenting time at all. The only time a spouse’s affair will affect the kid issues in divorce is when the affair itself directly affected the kids.

Dissipation Of Marital Assets

Dissipation is a legal concept that means that one spouse spent marital money for a non-marital purpose. Translated, that means that one spouse spent money on his/her affair partner. While going after your spouse for all the money she/he spent on someone else sounds totally fair, in practice, proving dissipation can be tedious and expensive. Even when your state provides that, once you allege dissipation, your spouse must prove that he didn’t dissipate marital assets. Dissipation is still a tricky legal issue. It often requires you to spend days scouring credit card bills and sifting through boxes of old receipts. Of course, if your spouse has been living a double life for years, the dissipation in your divorce can be significant. The same thing is true if your spouse started living with his/her “sweetie” long ago. In those kinds of cases, proving dissipation can be well worth the effort.

Alimony, Infidelity and Divorce

The one aspect of divorce in which your spouse’s infidelity can still have a sizeable impact is in the area of spousal support. Even still, the impact that it has is still way less than what it had in the past. In a little less than half of the states, your spouse’s misconduct (i.e. adultery) has no impact on alimony whatsoever. It doesn’t affect whether your spouse has to pay alimony, how much s/he has to pay, or how long s/he has to pay it. In a very small number of states, your spouse’s adultery has a huge impact on alimony. Most states, however, consider adultery only as one factor in the decision of whether to award alimony. The laws in several of those states specifically state that alimony cannot be used to punish an adulterous spouse. The adultery is simply one of many factors a court may or may not decide to consider when deciding whether to award alimony.

Adultery as Legal Ground for Divorce

In Utah, divorcing spouses may seek a “no-fault” divorce or a “fault” divorce. In a “no-fault” divorce, the filing spouse only needs to show that the marriage has been “irretrievably broken” for at least six months. This basically means that the couple can’t get along anymore and are unable to remain married because of their differences.
For a “fault divorce,” the filing spouse must show one of the following:
• cruel and inhuman treatment (such as physical or mental abuse)
• abandonment for at least one year
• incarceration for at least three consecutive years, or
• adultery.
Regarding the ground of adultery, Utah law defines adultery as a married person having sexual intercourse with a person who is not his or her spouse. If you’re seeking a divorce based on adultery, you must be prepared for a higher-conflict divorce case. The law requires that you provide evidence of the adultery from a third-party, such as a private investigator. Higher conflict divorce cases often cause more emotional harm on the parties, especially when children are involved. As a result, no-fault divorce is a good alternative, even when there has been adultery. During the divorce process, one spouse may ask the judge to award financial payments to help support that spouse during and/or after the divorce. The parties may agree on the amount to be paid, or the couple may have a pre-nuptial or post-nuptial agreement that sets out alimony payments. If there is no agreement between the parties, the judge will look at many different factors and decide if there should be an award and the amount of the payment. These payments may be called “alimony,” “maintenance,” or “spousal support.”
In making a decision about alimony, the court will look at the following factors:
• income and property of both spouses
• length of the marriage, including any time the couple lived together before and after the marriage
• age and health of both spouses
• present and future earning ability of each spouse, including reduced ability of one spouse due to delaying of education or career opportunities, and inability to earn due to age or absence from workforce
• need for one spouse to gain education or training, and how long this might take
• acts that prevent a spouse’s ability to gain employment or increase earning ability (for example, mental or physical abuse)
• where children from the marriage live
• any need to care for family members other than children
• any need to pay for exceptional expenses, such as schooling and medical care for children
• tax consequences to each spouse resulting from paying or receiving alimony
• what property was awarded during equitable distribution
• loss of health insurance due to the divorce
• contributions and services by the spouse seeking alimony, such as homemaker contributions, and
• any wasteful dissipation use of marital property by either spouse, or unfair transfer or hiding of assets.
When the judge looks at these factors, there is no fixed formula used to make the decision. Both parties will present evidence to the judge in support of their case, and the judge will make the decision based on an assessment of the entire set of circumstances.

Causes and Risks of Why Married People Cheat

There are many reasons why married people cheat. Upwards of 40% of married couples are impacted by infidelity, and despite the high percentage, most people even those who stray will say that cheating is wrong. Risk factors such as personality disorders and childhood issues, as well as opportunities such as social media and poor boundaries, can increase the chance that one of these reasons will actually lead to some type of affair. Frustration in the marriage is one common trigger; the cheater may make several attempts to solve problems to no avail. Maybe they had second thoughts about getting married or they were jealous over the attention is given to a new baby and neither had the skill set to communicate these feelings. Perhaps the straying spouse has childhood baggage neglect, abuse, or a parent who cheated that interferes with his or her ability to maintain a committed relationship. Less often, the cheater doesn’t value monogamy, lacks empathy, or simply doesn’t care about the consequences.

Motivations Differ by Sex

Men are more likely to have affairs than women and are often seeking more sex or attention. Men express their love in a more physical way they often don’t have the perfect feeling words for their wives. So sex becomes an important path to connection and intimacy. If men aren’t sexually satisfied (for instance, if their spouse declines sex often), they take that rejection to heart, and it can easily translate to feeling “unloved.” In fact, men are more likely than women to cheat due to a feeling of insecurity. When women cheat, they’re often trying to fill an emotional void. Women frequently complain of disconnection from a spouse, and of the wish to be desired and cherished. Women are more likely to feel unappreciated or ignored, and seek the emotional intimacy of an extramarital relationship. An affair is more often a “transitional” partner for the woman as a way to end the relationship. She is seriously looking to leave to her marriage and this other person helps her do just that. That’s not to say that sexual satisfaction isn’t a primary driver of affairs for wives as well as husbands. In one study of men and women who were actively pursuing or involved in extramarital affairs, both genders said they were hoping to improve their sex lives because they felt their primary relationship was lacking between the sheets. Similarly, boredom with the marital relationship may lead both men and women to cheat.

Causes and Risk Factors

There’s a myriad of reasons or causes why men or women may engage in an extramarital liaison, but certain risk factors either with one of the individuals or the marriage as a whole increasing the odds it will happen.

Risk Factors With an Individual

The general rule is that it takes two, or in this case, to mess up their marriage with an affair, but there are certainly exceptions. Individual factors that may increase the chance of infidelity include:
• Addiction: Substance abuse issues, whether it’s addiction to alcohol, drugs, gambling, or something else, are clear risk factors. Alcohol, in particular, can reduce inhibitions so that a person, who wouldn’t consider having an affair when sober, may cross the line.
• Previous Cheating: The saying “once a cheater, always a cheater” is more than an old wives’ tale. Those who were involved in an extramarital sexual relationship were three times more likely to become involved in extramarital relationships in their next relationship.
• Personality Disorders and Psychological Issues: People who have strong narcissistic traits or personality disorders such as narcissistic personality disorder or antisocial personality disorder are more likely to cheat. With narcissism, an affair may be driven by ego and a sense of entitlement. In addition to being self-centered, people with these disorders often lack empathy, so they don’t appreciate the impact of their actions on their spouse. The particular psychological issues or personality traits that raise the risk of adultery in marriage may differ between the sexes.
• Mental Illness: Some mental illnesses, such as bipolar disorder are a risk factor for cheating in marriage.
• Childhood Issues: Having a history of childhood trauma (such as physical, sexual, or emotional abuse or neglect) is associated with a higher chance that a person will cheat (if he or she has not addressed the trauma and has unresolved issues).
• Sex Addiction: Certainly, sex addiction in one partner increases the chance that they will be unsatisfied with the physical aspect of their marriage and look elsewhere.
Risk Factors with the Relationship
Problems in the marital relationship can also be a risk factor for cheating. Some of these include:
• Lack of communication
• Emotional and/or physical disconnect
• Low compatibility (people who married for the wrong reasons): Low compatibility can lead to a sense of “buyer’s remorse”
• Domestic violence and emotional abuse
• Financial pressures
• Lack of respect

Alimony Divorce Attorney In Utah Free Consultation

When you need legal help with a divorce case in Utah, please call Ascent Law LLC (801) 676-5506 For Your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/can-infidelity-affect-alimony/

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Can The Executor Of A Will Take Everything In Utah?

Can The Executor Of A Will Take Everything?

Filling in as the executor of somebody’s last will and confirmation can be a respect and the most unnerving knowledge of your life simultaneously. By definition, an executor is endowed with the huge obligation of ensuring an individual’s last wishes are conceded concerning the attitude of their property and assets. When it comes down to fundamentals, an executor of a will is in charge of ensuring that any obligations and leasers that the expired had are satisfied, and that any residual cash or property is disseminated by their desires. In spite of the fact that the law doesn’t require an executor to be a legal counselor or monetary master, it requires than each executor satisfy their obligations with the most extreme trustworthiness and steadiness. The legitimate term for this prerequisite is a “guardian obligation,” which holds the executor to act in compliance with common decency concerning an individual’s will.

An executor is an individual selected to control the bequest of a perished individual. The executor’s primary obligation is to complete the guidelines and wishes of the perished. The executor is selected either by the deceased benefactor of the will (the person who makes the will), or by a court, in cases wherein there was no earlier arrangement. The executor is in charge of ensuring all benefits in the will are represented, alongside moving these resources for the right party (parties). Resources can incorporate budgetary possessions, for example, stocks, securities, or currency advertise ventures; land; direct speculations; or even collectibles like are. The executor needs to gauge the estimation of the domain by utilizing either the date of death esteem or the elective valuation date, as gave in the Internal Revenue Code (IRC). The executor additionally needs to guarantee that every one of the obligations of the perished are satisfied, including any duties. The executor is legitimately committed to meet the desires of the perished and act in light of a legitimate concern for the expired. The executor can be nearly anybody however is generally a legal counselor, bookkeeper or relative, with the main limitation being that the person in question must be beyond 18 years old and have no earlier lawful offense feelings. Executors are key in domain getting ready for people and their families and recipients. Domain arranging is a sweeping term that spreads how a person’s advantages will be saved, overseen, and conveyed after death. It likewise considers the administration of this current person’s properties and monetary commitments (for example obligations) if s/he winds up crippled.

People have different purposes behind arranging a home, including safeguarding family riches, accommodating enduring companions and youngsters, financing kids and additionally grandkids’ instruction, or abandoning their heritage to a magnanimous reason. The most essential advance in bequest arranging includes composing a will. Other significant bequest arranging errands include:

• Constraining bequest charges by setting up trust accounts for the sake of recipients
• Building up a watchman for living wards
• Naming an executor of the home to direct the particulars of the will
• Making/refreshing recipients on plans, for example, extra security, IRAs and 401(k)s
• Building up yearly gifting to qualified altruistic and non-benefit associations to diminish the assessable home
• Setting up a sturdy intensity of lawyer (POA) to coordinate different resources and speculations

It’s a significant activity, and truly, an executor is normally qualified for installment. The amount she may be paid relies upon the state wherein the decedent has kicked the bucket and where the will is being probated. Numerous individuals incorporate arrangements for their executor’s remuneration in the details of their wills. Courts normally respect these arrangements in the event that they don’t go against state law, and state law dominates if the will is quiet as to installment. As a down to earth matter, numerous executors who are firmly identified with the decedent forgo installment, especially when they’re recipients under the terms the will and when the home isn’t convoluted. The executor’s installment leaves the home, diminishing the sum that is left over for recipients. What’s more, installments for administrations rendered speak to assessable pay to the executor, while money legacies for the most part aren’t assessable, in any event not at the government level. Much of the time, it can bode well for the executor to swear off installment and acknowledge a to some degree bigger legacy.

Not all domains require every one of these means, and some especially confounded bequests may require extra work. This is an essential diagram of what the activity can involve. Counsel with a bequest lawyer in the event that somebody has requested that you go about as executor to discover precisely what will be expected of you in your state.

When the domain has been opened for probate in the Utah district where the decedent lived, the executor who is named in the will is selected by the probate court. At the arrangement or before long, the court issues letters testamentary. Letters testamentary are duplicates of a one-page archive expressing that the executor has expert to follow up for the benefit of the decedent with respect to settling the domain. The letters testamentary enable the executor to give confirmation that he has the ability to follow up for the perished benefit. The executor gets letters testamentary when he officially acknowledges the situation recorded as a hard copy. In the event that the decedent passed on without a will, the court chooses an agent who should likewise acknowledge the arrangement recorded as a hard copy.
In the state of Utah Legally, a manager or executor of a bequest can’t do anything until they’ve been guaranteed by the court, so it’s critical to jump on the probate court schedule as fast as could be allowed. Some portion of that confirmation procedure is additionally finding the will, if there is one, and documenting it with the court. This may sound basic enough, yet in case you don’t know there’s a will or don’t have a clue where it is, you have to demonstrate the court that you’ve tried to discover it. That implies experiencing the majority of the decedent’s papers, calling their lawyer, checking with their bank to check whether they have a security store box, and heading off to the town hall to check whether a will has been documented there.

Regardless of whether a will is 30 years of age and the greater part of its recipients have kicked the bucket, if that is the latest form, that is the one that should be recorded and pursued. On the off chance that there is no will, the executor of the bequest must appeal to the court to announce the home “intestate.” all things considered, you’ll need to pursue state laws to decide legitimate beneficiaries before settling a domain. Finding resources can transform into a scrounger chase. We’ve worked with customers who had no clue about a portion of the advantages their folks claimed, incorporating property in different states, costly gems covered up in the bogus base of a trunk, and long-overlooked bonds now worth a little fortune. You should discover and report everything the decedent claimed, in such a case that something turns up later—after probate closes—you could need to plunge once again into more administrative work. The watchwords here, however, are “verifying” and “safeguarding.” Once you’ve found everything and made a total stock of advantages, it’s your legitimate obligation to verify the benefits so they aren’t lost or stolen, and that they keep up their incentive between the season of the demise and when probate at long last settles a domain. Until probate settles, you should deal with the funds of the bequest as though it were a different business. This is the place we’ve seen an excessive number of individuals hazard executor wrongdoing by blending cash from the domain with different assets. You additionally should gather any obligations owed to the decedent, including back pay, annuity pay or Social Security that was expected at the season of the passing. Executors must document bequest duties and individual annual charges for the decedent. The majority of this bequest bookkeeping will in the long run be documented with the court. Additionally state of Utah enable home executors to get “sensible” installment from the domain for their administrations, however here’s the trick—you don’t get the opportunity to choose what’s sensible. The court will choose for you, and your record-keeping must be trustworthy. We’ve seen customers pay their own bills out of the bequest’s records and give themselves liberal rewards for the hours they’ve put in. This is clear executor offense. Keep in mind, it’s not your cash. Everything has a place with the domain, and each dime you spend should be endorsed by the court.

In fact, circulating resources is the essential occupation of an executor, yet these different advances must be finished before this can occur. Where we’ve seen executors kept running into inconvenience is the point at which they make dispersions too soon or in the off-base request. Despite what’s in the will, lenders have top need with regards to getting resources from the domain. Be that as it may, not all loan bosses are equivalent. Each state has its very own need positioning (obviously, Uncle Sam is for the most part at the top). On the off chance that an executor of a bequest neglects to appropriate dependent on the right need, the executor may need to compensate for any shortfall with their very own cash. Simply after all banks are paid should an executor disperse any outstanding resources for recipients—and after that just to named recipients (or legitimate beneficiaries if there is no will). It’s enticing to give a touch of something to relatives or companions who were near the decedent, yet on the off chance that they aren’t named as recipients, anything you dispense outside of the will could wind up leaving your very own pocket. Notwithstanding the issue, however, there’s one law each executor ought to pursue: When in uncertainty, inquire. Check with the probate court before paying out any cash, and if the home is especially convoluted you might need to acquire a probate master. That can spare you a great deal of migraines—and a ton of cash—not far off.

Normally The Utah probate code names the beneficiaries of individuals who kick the bucket without a will. These are known as the Utah “laws of intestacy.” The property will go to a life partner who is the main survivor. On the off chance that the perished is made due by a life partner and kids who are all from the companion, the mate is the sole beneficiary. On the off chance that the expired is made due by a mate and at any rate one youngster who isn’t from the mate, the mate gets the first $75,000 and the a large portion of the parity, with half of the parity setting off to the offspring of the perished. In this last case, the law requires a probate court to include every other exchange which go outside the probate (for instance, in joint tenures, shared services, or in a trust) for the reasons for making the counts. On the off chance that the perished leaves neither a mate nor a youngster, Utah intestacy laws characterize the closest relative – relatives (grandkids, incredible grandkids) first, at that point guardians, at that point siblings and sisters, at that point different relatives of the guardians, at that point different relatives. In spite of an exceptionally regular conviction, the property isn’t relinquished to the state. Utah intestacy laws will locate a relative (“closest relative,” anyway remotely related they might be.

Additionally a legal advisor can’t charge a rate expense dependent on the advantages of the bequest for recording and overseeing an Utah probate. Our Utah probate attorneys and different legal counselors now and again consent to rate expenses (no charge except if resources are gathered) in probate related claims to recuperate or gather resources of the home, win illegitimate passing cases and different claims including misuse and money related abuse claims In contrast to numerous states, Utah does not force exceptional prerequisites on executors who live out of state. Be that as it may, that doesn’t mean it’s a smart thought to delegate somebody who lives far away. For commonsense reasons, it’s typically best to name an executor who lives close you. Your executor may need to deal with everyday issues for quite a long time, months, or at times longer.

Executor Of A Will Lawyer Free Consultation

When you need legal help as an executor of a will or as a personal representative, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/can-the-executor-of-a-will-take-everything-in-utah/

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Thursday, 26 March 2020

How Can I Avoid A DUI Conviction?

How Can I Avoid A DUI Conviction

When people are arrested for DUI, most arrestees think that they have no chance to win. Many prospective clients have told me that they felt guilty by virtue of being cuffed and taken to jail. Additionally, almost 100% were (at the time of arrest) unaware of their legal rights when being questioned and evaluated by the police officer. Once you are out of jail, it is time to take action to avoid a DUI conviction.

• Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to a drunk driving or drugged driving conviction. Motorized equipment, such as golf carts, riding lawn mowers, electric wheelchairs or scooters will qualify as a vehicle in almost every jurisdiction. In other states, even a bicycle or a horse will be considered a vehicle for purposes of most states’ driving under the influence laws.

• Don’t assume that you can’t be arrested for drunk driving on private property, because you can be charged with drunk driving in most states, regardless of your location. Other states prohibit driving while intoxicated in parking lots accessible by the public or other roads or driveways leading to a public road.

• Even a car being towed can lead to a driving under the influence conviction if the person sitting behind the wheel is intoxicated, so avoid even getting in the front seat of a car if you are intoxicated. Be aware that current DUI laws are written by legislators and interpreted by judges to obtain more convictions, not fewer.

• If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway. Better yet, put the ignition key in the trunk and use the remote release switch to get access once you are able to drive safely. To avoid a possible DUI, you must avoid inadvertently being in actual physical control of a motor vehicle.

• Breath testing machines are the most commonly used type of forensic test used by police. These mechanical devices are subject to error when you have been recently exposed to solvents volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids. Be sure to advise your drunk driving lawyer of any exposure during the day before being arrested, and save the bottles that contain the chemicals.

• Existing “illegal per se” laws in 49 states allow the police to make a case against you regardless of your level of impairment. Therefore, either keep your alcohol consumption to moderate levels, or don’t drive at all after having more than a few drinks. Underage drivers are typically subject to lower per se alcohol levels ranging from 0.00 to 0.02 grams per cent. This means one beer or glass of wine for many smaller body weight drinkers.

• Where faced with a traditional driving under the influence charge (as opposed to “per se” DUI charges), and the indicated level of alcohol allows the state to have an inference of intoxication in its favor, the defendant’s DUI-DWI attorney must introduce evidence of non-intoxication or successfully impeach the officer’s account of the signs of impairment to rebut the inference, or face virtually certain conviction.

• At a jury trial, if the trial judge incorrectly instructs the jurors about inferences (making it irrefutable or mandatory), such instruction constitutes reversible error. Many cases that involve reversals get dismissed or reduced to a non-DUI disposition.

• With blood tests, if the crime lab or hospital personnel drawing or testing the blood for the state’s test do not follow the required state rules and regulations, the test results can be totally excluded from the evidence. In many driving while intoxicated cases, once the blood results are excluded, the DUI charge is dropped, and the case is resolved on the underlying non-serious traffic offense (i.e., speeding or lane violation).

• In administering any of the state’s tests, if the person operating the machine is not qualified or currently certified in accordance with state law, the test is invalid. Requiring strict proof of the testing officer’s certification can often lead to a dismissal or a favorable “plea bargain“, where some flaw or defect in the proof of current certification is called into question by the DUI-DWI defense attorney.

• By proving that the defendant was not in actual physical control of the vehicle, the case can be won, since one of the elements of the driving while intoxicated offense is missing. In some cases, the officer will not have observed the driver behind the wheel, and is unable to get an admission (confession) from the person he or she suspects was driving. Remain silent in such situations, and ask for an attorney. Remember that circumstantial evidence (such as having the keys in your pocket) can tie you to the vehicle.

• With DUI blood tests, the use of an alcohol laden swab on subject’s skin can contaminate the puncture site and render the blood test either inadmissible in some states, or create reasonable doubt of the reliability of the results at trial.

• Where state DUI law requires it, failure of the police to timely advice the defendant of his right to a second, independent test of blood, breath or urine, as mandated by state implied consent law causes the state’s test to be excluded from evidence.

• In some states, where the defendant is accused of an “illegal per se” DUI case, proof (by use of retrograde extrapolation techniques) that the defendant was not above the state threshold level (typically 0.08 grams per cent for drivers age 21 and over) because he or she was still in the absorptive stage at the time of the arrest, eliminates one of the elements of the per se DUI. A similar tactic can help in a common law driving while intoxicated case where you are facing an “inference” of intoxication threshold, since reasonable doubt can be raised about what the person’s blood alcohol level was at the time of driving.

• The police lacked probable cause to make the traffic stop, so all tests and evidence gathered as part of the illegal arrest must be thrown out of court. These cases are always fact-specific, and require a highly skilled drunk driving defense lawyer to obtain the necessary proof at pre-trial motion hearings.

• The use of medical or other expert testimony can prove that the defendant’s physiological system is unusual so that the state’s test results can be excluded or adjusted downward to an amount below the state’s threshold for the inference of intoxication, or simply presented to the jury in a fashion to create reasonable doubt about the quality and accuracy of the state’s tests.

• The failure of the arresting officer to follow through in giving the required implied consent warning swill cause the state’s BAC test results to be excluded from trial.

• If the arresting officer mis-states the required wording of the implied consent warnings, the state’s BAC test results will be excluded from trial, or the entire case may be dismissed.

• In some states, evidence of defendant’s refusal to be tested is not relevant to the question of whether the driver was driving under the influence at the time of driving. In such states, if the prosecutor mentions the defendant’s failure to submit to the state’s test, such introduction of evidence is improper in a jury trial.

• Most states do not permit automatic or forcible retrieval of a blood test sample from a suspected DUI driver unless a judge has issues a search warrant after either death or serious injury to another person has resulted from a DUI-related serious accident. Therefore, results obtained in such cases will be void.

• At trial, the prosecution must prove proper venue (that the criminal offense occurred in the court’s jurisdiction) in most states. Failure to prove venue will cause a conviction to be set aside at a timely post-trial motion, if the jury convicts the defendant.

• When a prosecutor draws up an accusation (sometimes called a complaint or information, in some jurisdictions), if the defendant’s name is incorrectly listed (wrong name), then the criminal defense attorney representing the defendant can assert this issue after jeopardy has attached, and win the case. This is sometimes called a demurrer or motion to quash.

• Typographical or drafting errors in the accusation, made by the prosecutor, can create a win for the defendant if critical language is omitted in the wording. This is sometimes called a demurrer or motion to quash.

• Put together a “kit” of items to assist you to avoid incriminating yourself and in order to be prepared in the event you are stopped by the police.

• Use “Driver’s Rights” cards (or similar cards provided by your DUI-DWI attorney) which speak for you in asserting your legal rights in the event of a confrontation with police. These cards can help you not incriminate yourself and help avoid providing the police with potentially inculpatory evidence (such as alleged slurred speech).

• Before going out for the evening, always prepare your vehicle by checking to make sure it has no equipment defects, that the tag is current and is visible (including all decals showing the current tax year being valid) removing any and all incriminating items (such as open containers of alcohol, drug paraphernalia) and any valuables. By having no valuables in the vehicle, if you need to leave your vehicle (and not drive), you won’t be concerned about your laptop or other important items being in the vehicle.

• Eat heartily before starting to drink and include high carbohydrate foods to help delay absorption of any alcohol that you will be drinking later that night. Studies show that eating before and during alcohol consumption can slow the person’s gastric motility from roughly 30 minutes (with no food) to over 2 hours. This keeps the “peak” alcohol level at a lower number as compared to drinking on an empty stomach.

• A fever or an elevated body core temperature (possibly caused by hot flashes or immersion in a hot tub) can cause a breath test reading to read artificially high. Most breath machines are pre-set to assume that every test subject has a perfect body temperature of 98.6°. For every degree higher (centigrade), the breath machine will overestimate the results by roughly 6.5%.

• If you are taking any type of prescription medication or non-prescription medication, avoid driving at all after drinking due to the possibility of the medication will either have a geometric impairing effect when combined with alcohol (called “synergistic effect”) or that the medication could actually contain alcohol which will be added to the alcohol that you will be drinking. The combination of alcohol and any medication, even Tylenol or aspirin, can cause the driver to unintentionally become more impaired (i.e., have slowed reaction times in handling divided attention tasks).

• Don’t drink at all (much less drive after drinking) if you are taking prescribed medications since the possibility of synergism or some other adverse effect from combining alcohol and drugs could kill you or cause the death of someone else.

• Be aware that a person’s body water determines how readily your body will absorb alcohol, and that lean, young men are best able to tolerate alcohol while old, overweight women are the least able to tolerate alcohol.

• Women should be especially cautious about what type of alcohol and what quantity they consume since studies have demonstrated that a male drinker’s stomach typically produces more of a digestive enzyme which helps metabolize alcohol than is found in women’s stomachs. This means that the average 150 pound woman is at an impairment disadvantage when compared to an identically built 150 pound man who consumes the exact same quantity of alcohol over the same time period. Also note that most prescribed and many over-the-counter medications (such as Zantac, Prilosec, Nexium or even Tums or Rolaids) designed to prevent gastric reflux or indigestion will remove or make inactive this valuable digestive enzyme. Hence, any person taking such medications or heartburn aids should cut alcohol consumption by one-third or even more.

• If you plan a night of drinking, start by having up to 32 ounces of water before any alcohol consumption, and alternate a glass of water between each alcoholic drink to help slow the rate of consumption.

• Studies have shown that carbonation in highball mixers, sparkling wines, and draft beer tends to accelerate the rate of absorption of alcohol into your bloodstream, causing you to get drunk than you would by using non-carbonated alternatives. Change what you drink and remain sober longer.

• Use non-carbonated fruit juices or other mixers with wine to dilute the alcohol content of your beverage, and thereby extend the time in which you can safely continue consuming wine.

• Stop all alcohol consumption at least 2 to 3 hours before starting home, and drink water during this time period to improve your chances for a favorable breath, blood or urine test if you are stopped later that night. Remember, if you drink heavily, even 10 hours of waiting will not eliminate a sufficient amount of alcohol to drop your blood alcohol level below your state’s per se limit. When heavy consumption occurs, don’t risk driving at all.

• Use a hand-held breath alcohol testing device to see what your approximate blood alcohol content is before leaving for home. Wait at least 30 minutes after drinking to use it, and remember that these devices are not highly accurate. If you are close to the legal limit, don’t risk driving. In the event of an accident involving death or serious injury, you can be charged with a felony vehicular homicide offense (vehicular manslaughter in some states) with any measurable level of alcohol in your system. In bad weather (rain, snow, ice) the number of accidents can increase by a factor of 20 or more, so make the decision to not drive at all when such conditions prevail.

• Give yourself some field sobriety tests to see what levels of impairment you may have, and avoid driving at all if you have difficulties performing the tests.

Avoid A DUI Conviction Attorney Free Consultation

When you need legal defense help for a criminal DUI case in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-can-i-avoid-a-dui-conviction/

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