<![CDATA[Jackson County General Law Blog]]> tag:www.mokanlegal.com,2013-03-21:/blog/79675 2020-01-09T12:17:36Z Movable Type Enterprise <![CDATA[Over the aggravated DWI limit? Work to defend yourself]]> tag:www.mokanlegal.com,2020:/blog//79675.3881670 2020-01-09T12:18:36Z 2020-01-09T12:17:36Z You and your friends went out for a drink, but it was the same as any other time you'd done so. You all gathered together and decided who was the least intoxicated, and you thought that you were the safest to drive. In fact, you didn't feel drunk at all.

Unfortunately, when you were stopped, you allowed the officer to give you a Breathalyzer test and failed. Now, you're actually accused of being not only over the limit, but also over the aggravated limit. You could face enhanced penalties, all because you felt like you weren't intoxicated when you got into your vehicle.

]]> When can you face an aggravated DWI in Missouri?

You can face an aggravated DWI when you have a blood alcohol concentration of .15% or higher. That's nearly two times the legal limit.

All DWIs in Missouri come with penalties, but aggravated crimes have harsher penalties to consider. For example, if you have a BAC of .15 to .2%, then you have to spend at least 48 hours in jail. For a class B misdemeanor, you could face up to six months in jail and be fined up to $500.

What should you do if you're facing an aggravated DWI charge?

If you are facing an aggravated DWI charge, you should know that the penalties may be severe. Your attorney will work with you to try to have the charges dropped or lowered, so you face the minimum penalties possible and protect as many of your freedoms as you can.

Our website has more on aggravated offenses and what to do if you're stopped by the police.

<![CDATA[You could have a defective motor vehicle case if you crash]]> tag:www.mokanlegal.com,2020:/blog//79675.3876982 2020-01-02T17:18:13Z 2020-01-02T17:17:13Z When your vehicle went out of control, there was nothing you could do to prevent it. You tried to correct your vehicle, but your wheel seemed like it had no control over the rest of the vehicle at all. Try as you might, there was just nothing you could do.

After crashing, you were glad that you didn't involve anyone else in the collision. You hit a median at a moderate speed, and you suffered a head injury along with some other minor physical injuries. Now, you want to know why your vehicle went out of control. You're a safe driver, and this doesn't reflect that.

]]> You may have a defective motor vehicle case

You could have a defective part in your vehicle that led to the collision. For example, damage or defects in the electrical system, braking system or steering systems could all lead to trouble controlling your vehicle. Trouble with the fuel system or transmission could also make it hard for you to control what your vehicle does, putting your life in danger.

Under the doctrine of strict liability, you're able to file a strict liability claim if you can show that there is a motor vehicle defect that led to your crash. You don't have to show that manufacturer or dealer was negligent or careless to bring a case, so long as:

  • There was a component of your vehicle that made it unreasonably dangerous
  • Your vehicle hadn't been substantially altered since it was sold to you
  • The defect in the vehicle caused injuries while it was being used

You deserve to have a safe vehicle. If you're hurt because of defects, you may want to learn more about making a claim.

<![CDATA[Should you work with a personal injury attorney after an injury?]]> tag:www.mokanlegal.com,2019:/blog//79675.3875654 2019-12-27T08:45:53Z 2019-12-27T08:44:53Z A personal injury has the potential to stop you in your tracks. It can make it hard to have the life you had before you got hurt, making it all the more necessary to seek out the compensation you need afterward.

With any personal injury, you'll have a few common expenses and losses such as:

  • Travel costs for going to and from appointments
  • Medical bills
  • Lost wages
]]> You may also be able to file a claim to seek compensation for your pain and suffering and other concerns.

Is it important to work with a personal injury attorney after you're hurt?

It is smart to work with a personal injury attorney. Why? They're familiar with situations like yours and can give you more information on the medical documents or other information you'll need to make a solid case. Your attorney is also familiar with negotiating and getting their clients the best possible settlements. If you can't settle, then your attorney will also be able to help by representing you in court.

Whenever you believe that your injury is the result of another person's negligence or reckless behavior, it is important that you speak up and hold them accountable for their actions. Even if the situation was unintentional, the reality is that you have injuries that are affecting your life. It is fair for you to seek out the compensation you need to support you as you focus on your own recovery. Your attorney can give you more information on what to expect with your case once you give them all the facts.

<![CDATA[Coping with your ex living with their affair partner]]> tag:www.mokanlegal.com,2019:/blog//79675.3875274 2019-12-26T14:06:28Z 2019-12-26T14:05:28Z Child custody cases are difficult even under the best of circumstances, but when you throw an affair into the situation, they become even worse. Some parents who are going through a divorce have to deal with the fact that their ex has the person they were having the affair with living with them. This means that the children are going to spend time with that person, which can be hard to handle.

One thing that you have to realize in these situations is that you have to put your own emotions aside. Instead of focusing on how it makes you feel, consider how your children are faring. It is fully possible that they are safe and building a loving relationship with their other parent because even a horrible spouse can be a fantastic parent.

]]> Think about whether your children are safe or not. If they are, your focus should shift toward encouraging them to make the most of the circumstances and toward building your own relationship with them.

Your children deserve to have a stable and loving environment to grow up in. Realizing that your marriage isn't going to be repaired but that the affair partner is going to have a part in raising your child is a tough pill to swallow. In this case, taking the high road is likely going to be the best option.

Give your ex and their new partner respect and avoid speaking ill of them around the children. Put forth an effort to ensure that your child knows they can love them both and enjoy spending time with them. You will have to let the past go and realize that you have a new life now if you are going to make this work.

When there are issues that creep up in these situations, you should turn to the parenting plan for information about how to handle them. For example, if you find out that your children aren't safe around your ex's new partner, you might opt to turn to the court for options to protect the children.

<![CDATA[Details that could make your prenuptial agreement invalid]]> tag:www.mokanlegal.com,2019:/blog//79675.3873954 2019-12-20T15:21:35Z 2019-12-20T15:20:35Z Regardless of income level, many Missouri couples find it beneficial to draft a prenuptial agreement before they walk down the aisle. These contracts can protect the financial interests of both parties in case of a divorce in the future. A couple can also use a prenup as a way to outline the financial responsibilities of both parties over the course of the marriage.

If you made the decision to draft a prenup, you will want to consider specific details as you draft this legal agreement. When there are problems with a prenup, it can lead to complications if the couple divorces in the future or one party challenges the terms of the agreement. As with any family law agreement that can affect your future, you will find it beneficial to have experienced legal guidance during this process.

]]> Potential problems you can avoid

One way to avoid problems with your prenuptial agreement is to make sure it is enforceable in case of a dispute. This means avoiding even simple errors that can result in a judge ruling some or all of your prenup invalid. Some of the most common reasons why this could happen include:

  • The prenuptial agreement is not actually in writing.
  • The terms are illegal or not enforceable.
  • There is reason to believe one spouse signed it under duress or without reading it.
  • The two parties did not draft or sign the prenuptial agreement before the wedding.
  • One spouse felt pressure to sign the agreement despite having concerns about the terms.
  • There was not enough time to read the agreement before signing it.
  • The terms of the prenup are incorrect or misleading in some way.

In many situations, a prenuptial agreement is a good way for a couple to feel confident about their future financial security. Drafting one of these does not mean you assume that your marriage will end at some point. It simply means you are preparing for a contingency in the future.

Guidance for family law matters

Drafting a prenuptial agreement is an important decision that could impact your future. This is why you will find it beneficial to discuss this matter with an experienced family attorney before you proceed. When you have the right assistance, you will reduce the chance of committing a mistake that could influence the enforceability of your prenuptial agreement. An assessment of your finances and your goals can help you see what should be in your marital contract.

<![CDATA[Does Missouri allow passengers to drink alcohol in moving cars?]]> tag:www.mokanlegal.com,2019:/blog//79675.3873602 2019-12-19T12:53:56Z 2019-12-19T12:52:57Z Drunk driving is extremely dangerous, which is why there are so many laws that try to combat it. Interestingly, Missouri is one of only a few states that allow those who are not driving to possess open containers of alcohol inside their vehicles.

Keep in mind that your municipality or local area may have its own open container laws, so even if the state approves, you could be out of luck locally.

]]> Missouri's law allows anyone who is 21 or older and a passenger in a vehicle to possess open containers of alcohol. Drivers are still not allowed to drink and drive or possess open containers.

Since 2000, the state of Missouri has been paying fines as a result of its decision to allow passengers to drink in vehicles. This is because of the Transportation Equity Act, which requires any state that allows open containers of alcohol in moving vehicles to spend 3% of the funds given to them to use on highway construction for safety initiatives instead. In 2016, Missouri's fine was approximately $21.4 million, according to the Missouri Department of Transportation.

Interestingly, an engineer for the state stated that the penalty actually does good in the state. It means that money is diverted from fixing the roads to other safety needs, like installing median guard cables and installing rumble strips on the shoulders of the highway.

Regardless of the way the state stands on the issue of passengers having open containers, drivers cannot. If you're stopped and have multiple people in your vehicle with open containers, you could still be accused and may want to seek help with your defense.

<![CDATA[Get help after you suffer a personal injury in Missouri]]> tag:www.mokanlegal.com,2019:/blog//79675.3868481 2019-12-13T09:37:05Z 2019-12-13T09:36:05Z Most people agree that suffering an injury unexpectedly has a real impact on their lives. It changes how they live their daily lives, and it could change their ability to go to work or school. Whether you suffer from a brain injury, spinal cord injury or another kind of personal injury, your life changes the moment it happens.

As a person living with a new injury, you know that you have to get the right medical care. You focus on care that helps you heal as much as possible, but for some injuries, you may never be the same.

]]> It's a wise choice to start looking into making a personal injury claim as soon as you can after you are involved in a crash. Doing this gives you an opportunity to get the money you need to cover your medical care and to eliminate the threat to your financial security.

What do you need to do after you're hurt in an accident?

After you're hurt in an accident, one of the best things to do is to reach out to your attorney. They'll be able to take over the legal side of your case, so you can focus on spending time learning to live with your injury, healing and attending medical appointments.

Your attorney will reach out to the insurance company the other party uses, if they have one, to start discussing a settlement for your case. They'll use your medical records and other information to make sure you get what you need and to prevent unfair settlement offers from leaving you with too little to cover your losses. Our site has more on personal injury claims and what you should expect when you reach out to your attorney.

<![CDATA[Many decisions come during a divorce]]> tag:www.mokanlegal.com,2019:/blog//79675.3867633 2019-12-11T12:39:53Z 2019-12-11T12:38:53Z The end of marriage is a complicated time. You have to learn how to navigate the legal system at a time when you don't have the support of the person you thought you'd have for life. Determining things like who gets to stay in the house and where the kids will live can be a challenge. Unfortunately, you will have to handle these matters and others when you choose to file for divorce.

Throughout the divorce process, you are going to have to make decisions that can impact the rest of your life. This includes things like who gets what property, who is going to pay which debts and what's going to happen with the children. Each decision must be made based on current laws and what you feel is best for your needs.

]]> For many people who are ending a marriage, the terms of the divorce are made through mediation. This process involves you and your ex negotiating with each other to split everything up. You will do this for property division and child custody. The court will issue the child support order based on several factors contained within the law.

We know that this might be a difficult transition for you to move from married to single life. While we can't do much with the social and emotional aspects of this change, we are here to help you work through the legal system. Our team can answer questions about your options and responsibilities. Ultimately, your goal is to walk away from the marriage on the best footing possible to start your new life.

<![CDATA[Man faces involuntary manslaughter charges after fatal crash]]> tag:www.mokanlegal.com,2019:/blog//79675.3866878 2019-12-06T00:08:25Z 2019-12-06T00:07:25Z Imagine driving toward your home after work. You're tired, and you just want to get there. All of a sudden, someone flies toward you from a side street and T-bones your vehicle. The next thing you know, you're in the hospital waiting to hear if you need to have surgery.

When a driver's actions cause others to suffer, they should be held accountable. Take, for example, a driver who speeds and forces others to move out of their way. Their reckless actions could make others nervous or force them to make maneuvers they're not comfortable with. In some instances, they may go off the road and crash.

]]> Here's a story out of Lee's Summit in which a man who was speeding allegedly caused a fatal crash in May 2019. The man, 34, is facing charges of involuntary manslaughter for the fatal crash that supposedly resulted from his behavior.

The court documents for the case state that the man was driving more than two times the speed limit when his vehicle hit another on Southwest 3rd Street. The crash resulted in the other party's death.

After an investigation, the Lee's Summit Police Department determined that the man was traveling at 68 mph in a 35-mph zone. Now, there is a warrant out for his arrest.

If you are involved in a crash like this one, know that you can pursue a claim to hold the driver responsible for your injuries. If you lose a loved one, you may be able to pursue a claim against them for the actions that led to the wrongful death.

<![CDATA[Watch out for the dangers of drinking on Blackout Wednesday]]> tag:www.mokanlegal.com,2019:/blog//79675.3865245 2019-11-29T22:02:04Z 2019-11-29T15:16:40Z Thanksgiving is here, so it's time to talk again about the dangers of drunk driving. Thanksgiving is one of the heaviest drinking days of the year, which can be a lot of fun. Unfortunately, it can also be extremely dangerous if people choose to get behind the wheels of their vehicles.

Why is Thanksgiving Eve such a big drinking night?

]]> Thanksgiving Eve, also known as Blackout Wednesday, is the biggest drinking night of the year. There are a few reasons for this including that:

  • Many people don't have to work the following day
  • Everyone who comes home to visit sees friends or family members who they may want to drink with
  • Thanksgiving dinner is the perfect hangover cure
  • Most people who have friends or family coming into town plan to host dinner or to entertain the night before Thanksgiving

If you plan to drink, you should remember that the day of the year makes no difference. Your intoxication levels may make it unsafe for you to drive, and you shouldn't risk it. If you do decide to drive and end up in a crash, you could be badly hurt. You could also hurt or kill others.

You should know that driving while intoxicated is taken very seriously by the authorities, especially over the holidays. There are more police on the roads, and you may be more likely to get caught.

If you're planning to drink, don't plan to drive. If you do, you could face a DUI and may need support from your attorney to fight against the charges against you.

<![CDATA[You and your children can move on after a divorce]]> tag:www.mokanlegal.com,2019:/blog//79675.3864605 2019-11-27T22:02:04Z 2019-11-27T16:19:58Z Your children have a major life change to deal with when their parents divorce. Trying to move on after you end the marriage can be a challenge. You have to think carefully about how your decisions impact your kids, but this poses its own difficulty.

One of the best ways that you can move forward after a divorce is to take care of yourself. You have to make sure that you are in good shape to start your new life. This means that you find the support you need and take steps to find happiness. This can include taking care of major decisions, such as where to live and finding suitable child care. You also need to focus on building your circle of friends and finding activities that you enjoy doing.

]]> You have to be able to let go of your ex, which can take time. Many people who are going through a divorce try to rush things at first. Because you must have contact with your ex due to the children, it is a good idea to only focus on the kids at first. This prevents you from becoming too stressed over the changes and can be a good example for your children. You may experience waves of emotions during this period, so make sure that you address them. Trying to suppress them is likely going to lead to more difficulties.

Children need stability so making sure that you have the parenting plan in place as quickly as possible is beneficial. This enables you to help them settle into the new way of life. It can also give you peace of mind and help you feel less stress over what's going to happen.

<![CDATA[Divorce often means doing what is best for everyone]]> tag:www.mokanlegal.com,2019:/blog//79675.3864351 2019-11-25T22:43:37Z 2019-11-25T22:42:38Z When you first got married, you likely envisioned various milestones you would experience with your spouse by your side. Various birthdays, anniversaries, childbirths, vacations, retirement and overall living happily into your golden years likely crossed your mind. One milestone you may not have considered is divorce. Unfortunately, that is where your journey with your spouse has ended up.

You may have realized that your visions of a happily ever after would not come true a long time ago, or you may have been blindsided by your spouse's request for divorce. No matter the way it happened, you likely still have strong feelings about taking this path in life. Still, you want your case to go as smoothly as possible, and fortunately, you can help yourself reach that goal.

]]> What is the best approach?

The exact way you choose to approach your divorce will depend on the specific circumstances of your relationship with your soon-to-be ex and your case overall. However, some ideas you may want to consider when getting ready for your case include the following:

  • Put your emotions aside: It can be difficult not to let your emotions drive you during any difficult time in life, but it is important to remain logical and realistic during your divorce because it is a legal process that cares little for your feelings.
  • Do what is best for the kids: If you have children, keep them out of the proceedings as much as possible. If they are old enough, they may provide some input on aspects that could affect them, but in other respects, refrain from putting pressure on them or using them as messengers.
  • Cooperate as best as possible: Just like putting your emotions aside, cooperating with someone who may have hurt you can be difficult. Still, if you decide to compromise and negotiate fairly, you may see the end of your case much more quickly.
  • Forget revenge: Many people think that the courtroom will be the perfect place to get revenge on a cheating ex but taking this approach may only cause more problems for both of you.

It is also important to take care of yourself during this time to prevent too much stress. You may need to reach out to a therapist to help you address your feelings if it is too much for you to handle on your own. You may also want to reach out to a legal professional to help you with your divorce case so that it does not overwhelm you either.

<![CDATA[Controlling your emotions may be important during divorce]]> tag:www.mokanlegal.com,2019:/blog//79675.3863471 2019-11-22T23:26:03Z 2019-11-22T20:00:34Z Getting a divorce can be an emotional time in any Missouri resident's life. However, it is important that you do not let your emotions control the decisions you make during this time. If you let feelings of anger or desires for revenge get the better of you, you could end up making the situation worse for your ex-spouse and yourself.

Certainly, it can be difficult to keep your emotions in check while going through such a life-changing and difficult time. It can take some work, but you may feel that the work is worth it in the end if it prevents you from making hasty decisions that you later regret.

]]> Emotion control

It may not seem possible to control your emotions regarding this matter at all times, and that is ok. It is most important that you keep unnecessary outbursts out of the courtroom and out of your divorce-related decision-making. Some ways you can help keep your feelings under control include the following:

  • Find an uplifting activity: When your emotions are running high, it can be difficult to know what you should do with yourself. If you find an activity that can help boost your mood, like walking, catching up with friends, listening to music or meditating, you may feel more in control.
  • Know what you are feeling: It can be hard to handle your emotions if you do not know exactly what they are. When you start to feel a certain way, try to label that feeling as anger, sadness, nervousness, anxiety or whatever else you may be feeling in order to better find a way to address the issue.
  • Try to think positively: When your emotions are in control, it can be difficult to think logically and positively. If you know your emotions, you may have a better chance of reframing your thoughts to remain realistic.

If you can implement these tips, you may be able to approach your divorce in a more business-like way.

Having help

Of course, it is important to have help during such a difficult time, and you may want to reach out for legal support. A family law attorney could help you understand your legal options, state laws and how you can best approach your divorce case. Finding the right approach may help you feel more in control.

<![CDATA[Missouri is tough on drug crimes]]> tag:www.mokanlegal.com,2019:/blog//79675.3863088 2019-11-21T23:27:38Z 2019-11-21T23:26:38Z There is never a time when it's going to be easy to deal with drug charges. The reality is that the laws are tough. If you're caught with drugs or medications you're not supposed to have, you could face the full force of those laws.

Missouri is relatively tough on drug crimes. Take, for instance, a simple possession charge. In Missouri, simple possession of any drug other than marijuana can lead to a class C felony and up to seven years in prison. This is on top of a $10,000 fine.

]]> Sometimes, those who alleged to have been in possession of drugs will also be accused of intending to sell them or distribute them, even if that was not the case. They have to worry about distribution charges, which are a Class B felony. You can be imprisoned for up to 15 years if you are found guilty of distributing drugs in Missouri.

Fortunately, Missouri has a Drug Court Program. These courts are designed to be an alternative to the traditional court system and can help some avoid prison. The program can be ordered as a condition of parole and probation. If you are offered the opportunity, the Missouri Drug Court Program requires you to attend substance abuse treatment, to have regular appearances in court and to stay in the program for at least one year (but no more than two).

Your attorney can talk to you more about the charges that you face and the penalties that may come with them. Make sure you understand them and are prepared to deal with the justice system.

<![CDATA[Unresolved recalls are dangerous for consumers: Get help]]> tag:www.mokanlegal.com,2019:/blog//79675.3860497 2019-11-15T03:42:25Z 2019-11-15T03:41:25Z Safety defects are a real concern, especially when those defects are concerning your vehicle. Unfixed safety recalls in vehicles that are being sold to unsuspecting buyers raise concerns.

In October, AutoNation was found offering vehicles that had safety defects. While that might be old news, it's important to touch on this topic because consumers need to be aware that what a business says it does and what it actually does may be two different things. In that case, the company had pledged not to sell vehicles with unresolved recalls, but it still was. That threatens the safety of everyone on the roads.

]]> So, what can you do to eliminate the risk of buying a vehicle with a safety recall?

To avoid buying a car that has a safety recall, make sure that you're asking the right questions. Ask the seller if the vehicle currently has any safety recalls out on it. If so, request proof that those recalls have been addressed. If not, you can choose a different dealership or ask to have the recalls taken care of before you make the purchase.

Our website has more information on what to do if you're involved in an accident because of an auto defect or other problem with your vehicle. It's your right to pursue a claim if you were sold a vehicle that did not have safety recalls addressed and if you were lied to about the safety of that vehicle. No one should knowingly sell a vehicle that has safety recalls out on them unless the buyer is made aware.