Monthly Archives August 2018

AWARD OF ATTORNEY’S FEES: WHEN APPLICABLE? WASHINGTON DC DIVORCE LAWYER

The DC Divorce Statute provides a provision for Pendente Lite (while pending) award of: Alimony Child Support Spousal Support Health Insurance coverage Cash Medical support And Attorney’s fee and suit money That is, while the matter is filed and pending, either party may request financial assistance while the litigation is pending and the issues are being decided through the court system. This is important as a typical contested divorce involving property division and child custody can stretch out for months. In awarding the pendente lite support, the court will consider and evaluate factors enumerated in §16-913 (d) award of alimony
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DRIVING WHILE INTOXICATED (E-SCOOTER): ARREST-ABLE? VERY MUCH SO … DC DUI LAWYER

The Personal Mobility Devices are becoming prevalent and turning into a significant commuting and recreational use device/vehicles. There is the BYRD electric scooter, LIME, SKIP, etc. The legal issue is whether these devices are categorized as vehicles subject to the DUI/DWI Statute and enforcement or there is an exception. The short answer: they are categorized as vehicles subject to DUI/DWI arrest but not a motor vehicle subject to chemical testing submission. The DC Driving Under the Influence Statute provides that: No person shall operate or be in physical control of any vehicle in the District While the person is intoxicated;
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MARIJUANA BREATHALYZER DEVICES: DC DUI LAWYER

The current DC DUI laws although provide details regarding alcohol consumption and corresponding penalties associated with BAC (Blood Alcohol Content)  — are silent on marijuana use, level thereof, and driving a motor vehicle while under influence of marijuana. The DUI Statute clearly penalizes and provides minimum sentence for schedule I drugs: Specifically the Statute provides:  A 15-day mandatory-minimum term of incarceration shall be imposed if the person’s blood or urine contains a Schedule I chemical or controlled substance as listed in § 48-902.04, Phencyclidine, Cocaine, Methadone, Morphine, or one of its active metabolites or analogs. However there is no mention of
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EMERGENCY HEARINGS IN FAMILY CASES: DC FAMILY LAWYER

In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling. For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent. Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to  a parent with visitation rights. Child’s safety or security may be at risk or jeopardy. The child may be in need of medical treatment and intervention with
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