Monthly Archive: June 2018

Things To Know About Child Custody

Child Custody is a tricky issue in many families. The topic of child custody is complicated as the emotions are high when dealing with children. The problems surrounding care of the child is stressful, and most people make poor decisions as they fear to lose their children. People are perplexed and have several doubts regarding child custody, here are a few things you should know.

Parents have equal rights: When child custody is involved both the parents have equal rights, unless a family court has passed an order. Either of the two parents can ask the court to assign one of them the custodian of the child.

Who gets custody?
The parent who can provide a stable and safe life for the child is most likely to get the custody of the child. Some states have certain policies where a child below a prescribed year is handed over to the mother, but most states no longer follow it and there is no gender-based discrimination. Some states also follow joint custody.

Legal and physical custody: There is a huge difference in physical and legal custody. Parents can also jointly have legal custody to enable them to make critical decisions benefitting their children. The parent who does not have physical custody will have legal custody, but the parents would be given rights to visit. The physical custody of the child is given to one of the parents to make things smooth for the child. The court checks for different factors before judging regarding the custody of the child. The court might also take into consideration the preference of the child if he/she is old enough to decide.

But always make sure to consult the best attorney to get a clear idea regarding child custody.

Types Of Personal Injury Cases

Any person who is injured due to the negligence of another person or an act of hurting someone intentionally to cause harm can file a personal injury lawsuit. There are many types of personal injury cases and here is a list of some of the most common types.

Attack, abuse, and other crimes: If you have suffered injuries due to any criminal activities like robbery, violence or attack you are entitled to compensation. You should work with a lawyer who will ensure you get a judgment in your favor and connect you to the victims’ compensation fund.

Vehicular accidents: Most of the personal injury lawsuits filed are for crashes caused by vehicles especially cars. The injury can happen due to rash driving or not follow the traffic rules, driving under the influence of alcohol and underage driving, etc. The driver who caused the accident is liable for the injuries to the victim due to the crash.

Medical negligence cases: These are caused when the physician or the health care provider causes injury due to negligence, the wrong diagnosis, wrongly administered medicines or provides the wrong treatment to the patients. These claims are very complicated, and you will need attorneys who are specialist in this domain to get compensation.

Injury claims due to falling: This is also a common personal injury claim that people file. Owners of property are responsible for ensuring that the place is safe for people. In case there is an injury due to a fall, the owner is held liable. Not all injuries caused on the property will be liable to a lawsuit and is based on the laws of that particular state.

Checkpoint Checklist

The use of DWI checkpoints by law enforcement has risen in the past few years in an effort to increase income from DWI fines and penalties. There are strict guidelines that must be followed at any sobriety roadblock, some of which can be overlooked or ignored in the pandemonium of a checkpoint arrest. If these guidelines aren’t followed, Attorney Thad Davidson can help get your DWI charges reduced or even dropped.

One of the guidelines established is that a DWI checkpoint must be publicly advertised. Many police agencies fall short or minimize their obligation to make the public aware of upcoming DWI checkpoints. The location of such a checkpoint cannot be random or obscure. It must be in a location with a record of high volume of DWI-related accidents or arrests. The location must also be adequately visible. Failure to follow any of these points can lead to dismissal.

Breath testing at a checkpoint can be highly inaccurate. In many cases, the devices used are not approved for mobile testing and their reliability can be challenged. Other guidelines can also be overlooked such as the length of time each motorist is stopped and detained and whether the Supervising Officer adequately recorded how the checkpoint would be operated.

It is legal to drive away from a sobriety checkpoint as long as no traffic laws are violated. To detain a driver who avoids going through a checkpoint is a violation of their individual rights.

If you or someone you know has been a victim of a sobriety checkpoint, it’s important to act immediately to keep your driving record clean. Thad Davidson will discuss your legal options and ensure that your individual rights have been upheld.