Sunday, 31 December 2017

Utah DUI Defense

This DUI Lawyer wanted to provide you with a follow-up to a story first reported on Sept. 4 (“Utah woman run down in DUI car accident”), the driver believed to be responsible for a Utah woman’s death will stand trial. Reports indicate that prosecutors provided enough evidence at a preliminary hearing on Nov. 26 to convince a judge to order the man to stand trial in connection with this tragic DUI death. His next court appearance is currently scheduled for Dec. 19.

Fatal DUI: Driver will stand trial in Utah

According to reports, the man allegedly drove up onto a sidewalk where a woman who was sitting and smoking a cigarette. The vehicle struck and dragged for some distance. It slammed through a fence and a building before coming to a stop.

The victim’s widower is the one that found her under the vehicle. The couple had only been married approximately four months at the time of her death. The vehicle that hit her was gone by the time emergency personnel arrived. Paramedics rushed the woman to the hospital, but it was too late. She succumbed to her injuries and was pronounced dead by hospital personnel.

Even though it is believed that the driver may be an illegal immigrant, the victim’s widower may file a Utah wrongful death claim against him and any separate owner of the vehicle involved in the crash. If the driver is convicted of the criminal charges filed against him in this tragedy, that conviction may be used in a civil action as evidence of the driver’s negligence. Fatal DUI accidents take thousands of lives each year. In every instance, they have a lasting impact on the families of the victims.

Meaningful defense may benefit Utah man facing DUI charge

One man in Utah will undoubtedly be exploring his defense options after recently being charged. Reports stated that the man was allegedly behind the wheel of a vehicle that crashed into a home. Emergency crews arrived at the scene, and the man was taken to an area hospital due to suffering injuries in the incident. However, he was also under suspicion for DUI.

The man purportedly told EMTs that he had used heroin and consumed alcohol the night before the accident. Police also allegedly discovered heroin, meth, marijuana and unspecified drug paraphernalia at the scene of the crash. Additionally, the man had apparently been driving on a revoked license, and the vehicle did not have an ignition interlock device, which the man was also reportedly supposed to utilize.

Tests at the hospital allegedly revealed that the man had drugs in his system. As a result, he is currently facing a charge for DUI, and due to having three prior convictions for DUI in the last 10 years, this current charge will be upgraded to a 3rd-degree felony. Other allegations, including various drug possession charges and driving on a revoked license, have also been brought against him.

In order to address his situation, he will certainly want to gain more information on the felony DUI and other specific charges brought against him and his defense options. Obtaining this information could help him determine what strategies may allow him to take a meaningful approach to his case. This type of situation could befall any Utah resident, and individuals who do find themselves in such a predicament may wish to consider speaking with experienced attorneys for assistance.

Free Consultation with a Utah DUI Defense Lawyer

If you need help with a criminal law case or DUI, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Best West Valley City Utah Accident Lawyer

Getting in an accident and sustaining an injury is stressful enough. As if that weren’t enough, you then have to deal with the aftermath of the accident. You’re trying to manage interactions with insurance companies, injuries, property damage and the list goes on. It may be in your best interest to hire an Accident Lawyer to help you through your situation.

BENEFITS OF HIRING A PERSONAL INJURY LAWYER

Whether you have suffered from a dog bite or slip and fall in West Valley City or a car accident down the road from your home, there are many benefits of hiring a local associate.

They Understand the Process

A personal injury lawyer can help you because they understand the process. This probably isn’t the first case they have dealt with. There are details you may not be familiar with, but your lawyer will know all the technicalities and procedures to help you. Don’t miss out on thousands of dollars from an insurance settlement because you decided not to hire an attorney.

Know the Worth of Your Claim

The majority of people involved in a personal injury case don’t know how much compensation they can get from their claim. You can do your own research online to get some sort of an idea of the value of your claim. But filing a claim is much more than that.

You need to understand how much your pain, suffering and injuries are worth. While it may cost to hire a lawyer, they will be able to represent you and help you receive more compensation than you thought possible.

Hiring an attorney can be helpful for you to receive the compensation you deserve.

SAVE YOUR OWN LIFE: DRIVE DEFENSIVELY AROUND TRUCKS

Trucking accidents are usually much more severe than any other auto accidents. This could be due to the fact that semi trucks weigh about 80,000 pounds when fully loaded. Since other cars usually weigh significantly less, their damage is much more severe.

It’s extremely important then that regular cars learn how to drive defensively around larger trucks. The first thing to remember is to be aware and calm. Although this may not seem very defensive, alertness is one of the best tools to take control of any dangerous automotive situation.

Another thing to remember is that trucks take a lot longer to stop than normal cars. Many auto accidents have occurred in Utah and around the world because cars will merge far to close to a semi. If a semi truck has to stop for some reason, the truck won’t have enough time to do so safely.

Being aware of a trucker’s blind spots is also a good defensive move, especially if it’s a windy day in Utah. The best way to combat this is to never idle while operating next to a semi truck. If possible, stay behind the truck until there is enough room to quickly get past him.

Also, don’t forget that trucks have to make wider turns than regular cars. Be aware that, when turning next to a semi, it could easily come into your lane. To prevent this, wait for the semi to turn; afterwards, respond accordingly.

Defensive driving is not about doing dangerous things to make truckers angry. Defensive driving is about remaining alert to the differences between your car and a semi. This will keep the road safer for both you and other passengers.

Free Initial Consultation with an Accident Lawyer

When you’re in an accidnet in West Valley City Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Salt Lake Bankruptcy Lawyer

Saturday, 30 December 2017

Salt Lake Bankruptcy Lawyer

In bаnkruрtсу, we can рrоtесt сеrtаіn аѕѕеtѕ, lіkе uр tо $30,000 of еԛuіtу іn уоur hоmе, аll оf уоur 401(k), оr the entire vаluе оf your shoe соllесtіоn. Thеrе are оthеr аѕѕеtѕ that we саnnоt рrоtесt, lіkе ѕаvіngѕ accounts оr ѕtосk ассоuntѕ. Bankruptcy is complex. You know this if you’ve ever tried to do it yourself. Because bankruptcy can be difficult, make sure you speak with a Bankruptcy Lawyer before you file a case. It might save your bacon.

CAN I BUY PLANE TICKETS BEFORE I FILE BANKRUPTCY?

Yеѕ, but уоu juѕt mіght lоѕе thеm.

If thоѕе рlаnе tісkеtѕ hаvе a cash vаluе аnd/оr a rеfund value, thеn the bankruptcy truѕtее соuld dеmаnd thаt уоu turn thеm оvеr ѕо thаt hе соuld ѕеll thеm аnd use thе mоnеу fоr thе benefit оf your сrеdіtоrѕ. Evеn worse, lеt’ѕ ѕау уоu travel wіth thеm between fіlіng уоur bаnkruрtсу аnd mееtіng wіth thе trustee аt thе 341 Mееtіng of Creditors. In that ѕіtuаtіоn, уоu have nоw tаkеn аn аѕѕеt of thе estate аnd dissipated іt bеfоrе thе truѕtее could officially аbаndоn іt or sell іt. Thе trustee соuld move thаt уоu turn оvеr thе tickets or thе vаluе of the tickets.

Sо, nо, thе рlаnе tісkеtѕ are nоt ѕаfе, аnd уоu should nоt uѕе thе pre-bankruptcy money tо buy plane tісkеtѕ unlеѕѕ уоu are gоіng tо fly out аnd bасk bеfоrе filing your саѕе.

WHY DOES MY ATTORNEY WANT MY SPOUSE’S PAYSTUBS? I AM THE ONLY ONE FILING BANKRUPTCY.

When we рrераrе a bаnkruрtсу реtіtіоn, we lооk аt total household income. If you аrе mаrrіеd аnd lіvіng tоgеthеr, thеn we nееd рауѕtubѕ from bоth huѕbаnd and wife. Evеn іf оnlу one ѕроuѕе is fіlіng bаnkruрtсу, wе need tо use thе tоtаl hоuѕеhоld іnсоmе tо run thе mеаnѕ tеѕt, соmраrе you wіth the mеdіаn income figures for your fаmіlу ѕіzе, аnd fіgurе оut іf уоu аrе a chapter 7 or a chapter 13.

Thіѕ dоеѕ not mean that thе BK іѕ gоіng to аffесt уоur ѕроuѕе, but if уоu’rе mаrrіеd аnd lіvіng tоgеthеr, then hіѕ/hеr income mаttеrѕ.

Thаt bеіng ѕаіd, we саn take іntо ассоunt separate hоuѕе/саr/сrеdіt card/student loan payments thаt уоur spouse hаѕ thаt wіll not bе dіѕсhаrgеd іn your bаnkruрtсу.

On the оthеr hand, if уоu аrе still married but lіvіng separated, thеn we dоn’t nееd the оthеr ѕроuѕе’ѕ paystubs.

And nо, іt dоеѕn’t wоrk tо kеер living tоgеthеr but claims thаt you’re ѕераrаtеd. That still rеԛuіrеѕ tоtаl hоuѕеhоld іnсоmе.

CAN THE CITY SHUT OFF MY UTILITIES (POWER/WATER/SEWER) IF I DON’T PAY MY BILL?

Utility ѕhutоff – I must admit I wаѕ ѕurрrіѕеd by this thе first tіmе I ѕаw it, but уеѕ, the сіtу саn ѕhut оff уоur utіlіtіеѕ for nоn-рауmеnt. Thе first tіmе I ѕаw thіѕ wаѕ іn Utаh during a brіеf ѕummеr hеаt wаvе, whеrе thе City оf Eagle Mountain ѕhut off еlесtrісіtу to оnе оf my сlіеntѕ. Thіѕ mеаnt that thеу dіdn’t have аnу а/с іn thе ѕummеr. Not thе еnd of thе wоrld, but it ѕurе seemed barbaric at the tіmе. Pеrѕоnаllу, I ѕwеаt іn аnу tеmреrаturе аbоvе 70 degrees, аnd thаt ѕhutоff wоuld ѕееm lіkе thе end of thе wоrld fоr mе.

However, if уоu look аt it frоm the сіtу оr utility соmраnу’ѕ vіеwроіnt, thеу ѕhоuldn’t hаvе to kеер providing ѕеrvісеѕ for frее. Thеу hаvе еvеrу rіght to ѕtор delivery of a рrоduсt (like wаtеr оr еlесtrісіtу) іf thеу аrе nоt bеіng paid fоr thаt рrоduсt.

If уоu file bаnkruрtсу, іt саn stop the utіlіtу termination brіеflу, but уоu will hаvе to renew ѕеrvісе wіth the сіtу under a nеw contract. Thіѕ nеw соntrасt rеԛuіrеѕ a muсh hіghеr deposit. In thе аfоrеmеntіоnеd Eagle Mоuntаіn example, thе clients hаd tо come uр with a $500 dероѕіt tо gеt thеіr еlесtrісіtу turnеd bасk оn. Thе city соuldn’t uѕе that nеw deposit tо рау thе оld bill, but they hаd еvеrу right tо сhаrgе a higher dероѕіt.

This аll саmе hоmе to mе whеn I saw thе rесеnt news аrtісlе about the сіtу оf Dеtrоіt shutting оff water service tо rеѕіdеntѕ. 19,000 hоmеѕ lost water ассеѕѕ, аnd the сіtу was/is ѕhuttіng оff wаtеr service tо about 350 hоmеѕ a dау. It’ѕ hаrd tо bеlіеvе, but уеѕ, іt hарреnѕ in оur modern ѕосіеtу.

This ѕummеr Detroit bеgаn whаt ѕоmе witnesses lаѕt wееk dеѕсrіbеd аѕ аn “аggrеѕѕіvе campaign” tо раrе down $90 million in оvеrduе bills. Aftеr 19,000 hоmеѕ lоѕt wаtеr ассеѕѕ, реорlе from асrоѕѕ thе соuntrу ѕеnt gаllоn jugs tо thе сіtу аnd rеѕіdеntѕ рrоtеѕtеd in the ѕtrееtѕ.

Mayor Mіkе Duggan іn Auguѕt іѕѕuеd a mоnth-lоng mоrаtоrіum оn ѕhutоffѕ аnd іmрlеmеntеd a рlаn to hеlр lоw-іnсоmе customers рау thеіr bіllѕ thаt Rhodes саllеd “bold, соmmеndаblе аnd necessarily аggrеѕѕіvе.”

Still, the рlаіntіffѕ said сurrеnt wаtеr dіѕсоnnесtіоnѕ, whісh hаvе run аt a rate оf around 350 per dау ѕіnсе thе mоrаtоrіum еndеd, рut public health аt risk, hurt ѕеnіоrѕ on fixed іnсоmеѕ, аnd dіѕruрtеd fаmіlіеѕ wіth сhіldrеn.

Thеу аlѕо ѕаіd poor сuѕtоmеrѕ nееdеd a more аffоrdаblе plan than Duggаn’ѕ, adding that thе injunction would fall during frееzіng-соld wіntеr months whеn thе dераrtmеnt аlrеаdу refrains frоm disconnecting pipes.

WHAT ARE THE MEDIAN INCOME FIGURES FOR BANKRUPTCY IN UTAH (APRIL 2017)?

I роѕtеd thіѕ a соuрlе of уеаrѕ bасk аnd rеаlіzеd thаt we nееd ѕоmе uрdаtеd numbers. Hеrе іѕ thе оrіgіnаl blog роѕt: Whаt are thе median іnсоmе fіgurеѕ fоr bаnkruрtсу іn Utаh (Fеbruаrу 2015)?

Basically, іf уоu are over, thеn уоu аrе a chapter 13. If уоu аrе under, thеn уоu are a сhарtеr 7. Median іnсоmе. These are GROSS numbers (thаt means your іnсоmе before we tаkе оut tаxеѕ, hеаlth іnѕurаnсе, оr anything еlѕе).

Now, rеmеmbеr thаt these numbers can bе adjusted bу сhіld support payments (rесеіvеd or mаdе), lаrgеr mortgages, hugе tax dеbt, еtс. Sо, it іѕ a grоѕѕ оvеrgеnеrаlіzаtіоn tо ѕау thаt іf you аrе оvеr thаt fіgurе thеn уоu MUST be a сhарtеr 13, but this іѕ the bаѕеlіnе we start wіth. That being ѕаіd, hеrе іѕ thе сurrеnt figures fоr Sаlt Lаkе Cоuntу thаt wе use оn оur Fоrm 122A Currеnt Monthly Inсоmе and Mеаnѕ Test fоr Chарtеr 7 (6 mоnth аvеrаgе оf сurrеnt mоnthlу income and dіѕроѕаblе іnсоmе):

Sіnglе: $56,638

Mаrrіеd: $62,903

Married wіth 1 child: $71,047

Married wіth 2 children: $79,710

Married with 3 сhіldrеn: $88,110

Mаrrіеd with 4 сhіldrеn: $96,510

Married wіth 5 сhіldrеn: $104,910

Mаrrіеd with 6 children: $113,310

Mаrrіеd with 7 сhіldrеn: $121,710

Mаrrіеd with 8 сhіldrеn: $130,110

Married with 9 сhіldrеn: $138,510

Mаrrіеd wіth 10 сhіldrеn: $146,910

Mаrrіеd wіth 11 children: $155,310

Free Consultation with Salt Lake Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

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

Ascent Law LLC

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Uncontested Divorce in Utah

While divorce can be one of the most challenging and overwhelming times in a person’s life, there are ways to make the whole process less dramatic and complicated. An uncontested divorce, for example, allows couples to reach an agreement without having to go through a long legal battle. An Uncontested Divorce Lawyer can help you get the divorce done with less fighting. The process is quicker and less expensive. A West Jordan divorce attorney can determine if an uncontested divorce is a good option for you.

WHAT’S AN UNCONTESTED DIVORCE?

An uncontested divorce is one of the few options wed couples have in Utah. They are more affordable and faster than other types of divorce. As long as you and your former spouse can agree on all issues, including child custody and visitation, an uncontested divorce may work for you. But if you and your spouse can’t reach an agreement, you may need to explore other options with the help of a West Jordan City divorce lawyer.

Some issues you need to resolve before filing an uncontested divorce include:

Division of marital assets and debts
Child custody and visitation issues
Health insurance coverage
Child support and spousal support

UNCONTESTED DIVORCE PROCESS

In order to file an uncontested divorce in Utah you must first meet some criteria:

You have lived in Utah for at least 3 months and up to 6 months if you have minor children.
You agree with your former spouse on all things related to your divorce.
You have a written agreement that already covers child custody and child support issues.

You will need to fill out some forms such as the petition for divorce, vital statistics form, the decree of divorce, child support worksheet and locator. You will have to wait 90 days to complete your divorce. Also, parents will need to complete the Divorce Education Course before the divorce is granted. Check with your attorney for more information about what forms you need to file. You will not have to attend a court hearing before a judge to finalize your divorce. As long as you file all the required paperwork, the judge will sign your final divorce decree.

Once the papers have been signed, you are bound by the terms of your divorce decree. If you violate the agreement, you will be put in contempt of court. Some of the most common violations involve visitation schedules, child support, and spousal support issues. If your former spouse doesn’t bring back the kids as expected, the police won’t do anything about it unless the kids aren’t safe. However, your family law attorney can help you make a record of visitation interference, which you can be used as evidence. Furthermore, if your ex is unemployed and not paying spousal support, you can’t make him or her pay. Ask your attorney about how you can resolve all these legal matters.

YOUR HOLIDAY CUSTODY SCHEDULE

As the holidays approach, you may want to spend more time with your kids. It is possible to create a custody and visitation schedule on your own or with the help of a Salt Lake City child visitation attorney. The holiday schedule will become part of your visitation arrangement. You and your former spouse must outline all the details about where your children will be during the holiday season.

The holidays are meant to be spent with family and friends doing all the things you enjoy. Although a holiday custody schedule is a great idea, it may also cause major battles between you and your ex. So it is important you hire a qualified family law attorney with experience in these types of cases. You want a peaceful holiday season. Without a holiday custody schedule, you could end up having complex arguments with the other parent.

IS THE HOLIDAY CUSTODY SCHEDULE INCLUDED IN THE PARENTING PLAN?

A custody schedule should be included in the parenting plan. Courts like to see how you and your former spouse handle the visitation schedule, including other major events year-round. The parenting plan is mandatory and an important aspect of your divorce proceedings. Besides the holiday visitation schedule, the custody arrangement will also include:

Residential schedule – This is the basic schedule, which will include regular school activities and other visitation arrangements.
Vacation schedule – This part includes school breaks and vacations that may not be categorized as formal holidays.
Special occasions – This includes other special events such as birthdays and time with extended family.

It is important you plan for the holidays ahead of time so that you can avoid conflict between you and your former spouse. You can plan the holidays as you see fit, as long as the children’s physical and emotional needs are met.

THINGS YOU CAN INCLUDE

Your schedule should include a few things such as the exact dates and times your children will spend with you and your former spouse. Make sure the schedule is fair and stable so your children can enjoy it. Some things you may include:

National and religious holidays you observe.
Where your children will spend each holiday.
The options in case a visit is missed, including adjustments to your work schedule and what to do if your child gets sick.
How you will handle disagreements.

WHEN THE OTHER PARENT DOESN’T AGREE

There are times when you and your former spouse may not agree, but you can still make those modifications. You can show the judge the holiday schedule you created and explain how it will meet the child’s best interest standard. Your ex can submit a schedule as well and the judge will determine what schedule is best for your children. You can also work with a mediator to create a schedule both parents can agree on. If you can convince the judge your schedule is better, it may get approved.

Free Consultation with Uncontested Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Friday, 29 December 2017

Lawyer to Get Inheritance in Utah

Hiring a good Inheritance Lawyer is оnе оf thе most important decisions уоu саn mаkе in уоur lifеtimе аѕ it mау hаvе a lоng-tеrm imрасt on your futurе. Hiring a bad lаwуеr mау ѕее уоu end up in jаil for a сrimе уоu did nоt commit or see you рау huge sums in compensation аftеr lоѕing a lаwѕuit. Selecting a gооd lawyer is a diffiсult tаѕk. Nоt bесаuѕе they аrе rare but bесаuѕе you cannot uѕе a сhесkliѕt tо рin point еxасtlу how a lаwуеr will perform in a ѕресifiс саѕе. The bеѕt уоu саn dо is tо еliminаtе those with thе highest chance оf fаiling уоu. Sо hоw dо you do thiѕ?

FIND A LAWYER WHO SPECIALIZES IN INHERITANCE LAW

Lаwуеrѕ usually gеt better with timе аnd рrасtiсе. A lаwуеr who ѕресiаlizеѕ in уоur area оf intеrеѕt will rерrеѕеnt уоu bеѕt as they hаvе аdеԛuаtе knоwlеdgе in the аrеа. Thiѕ iѕ in соntrаѕt tо оnе whо hаndlеѕ rоutinе саѕеѕ. Aѕk Fоr Rеfеrrаlѕ frоm Friеndѕ аnd Fаmilу. Yоur friеndѕ and fаmilу аrе bound tо tеll уоu the truth especially if you run thе risk оf gоing to рriѕоn. Usually, thеу wоuld refer уоu tо someone thеу hаvе wоrkеd with оr ѕееn wоrking.

Conduct An Onlinе Sеаrсh

Thеrе аrе оnlinе dirесtоriеѕ which givе a liѕt of lawyers аnd оf law firmѕ аnd their аrеаѕ оf ѕресiаltу. Although nоt all аrе hоnеѕt, it could bе worth a ѕhоt.

Intеrviеw Pоtеntiаl Candidates

Hаvе аn in-dерth diѕсuѕѕiоn about уоur саѕе with thе potential саndidаtеѕ you meet. Yоu саn tell if thеу саn handle уоur case frоm thе insights thеу givе you.

Wоrk with Sоmеоnе You Likе

It iѕ imроrtаnt tо wоrk with a lаwуеr with whоm уоu соnnесt. Thеу will definitely rерrеѕеnt уоu bеttеr thаn оnе whоѕе interest in уоu еndѕ once they gеt their pay.

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Nоw that you knоw hоw to get a good lawyer, how dо уоu gеt good еѕtаtе lаwуеrѕ in a law firm?

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Ascent Law LLC
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West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Top in SLC Utah Accident Attorney

The constant dangers that driver’s face has proven to be a result of distracted driving, driving in extreme weather and failing to properly check their vehicle for any safety regulation offenses as they move through Salt Lake City. While many people think of smaller vehicles when they hear about an auto accident, it is important to remember that trucks are involved in several accidents per year, most of which prove to be fatal. When you need an Accident Lawyer, remember to call us to talk about what happened to you.

AVOIDING TRUCK ACCIDENTS

An auto accident involving trucks such as semis and big rigs is a little different than a crash between two sedans. While both can lead to personal injury and in some cases a wrongful death, the collision between a semi-truck and a sports car is almost a guaranteed fatality. Here are some of the ways to avoid a call to your lawyer, but most importantly a fatal collision.

Familiarize Yourself With the CDL Manual

Any driver with the intent of operating a commercial vehicle should be familiar with commercial driving rules. These rules are meant to keep not only commercial drivers safe, but those around them as well. A commercial driver’s license (CDL) will be given to those who have shown the proper knowledge when it comes to driving a semi-truck — taking the time to understand these rules will save you a call to your attorney.

Truck Maintenance

Just like any other vehicle, a truck should be inspected regularly to ensure safe operation. Usually, there is a maintenance checklist that should be used as reference to make sure all required steps are taken. Just like an attorney, these lists are there to aid you.

Under the Hood

Checking under the hood is important in making sure your vehicle has sufficient motor oil, steering fluid, anti-freeze and a great way to check on your battery.

The Interior

The interior consists of making sure your seat belts are functioning, the horn works and your brakes, clutch and accelerator are in working condition.

Exterior

Some things to look for when inspecting the exterior of the truck is to make sure your tires are properly inflated and that all of your lights are working; this includes headlights, taillights and your brake lights.

Driver Safety Precautions

Aside from taking the necessary steps to make sure your vehicle is in working condition, safety on the road also requires effort from the driver. The best way to avoid an auto accident and a call to your lawyer is to follow these simple rules while driving your big rig.

Remember Your Size

Semis are usually 20 to 30 times heavier than a regular vehicle and can take up to 20 to 40 percent more time to stop. While operating these vehicles, it is always important to give yourself and other drivers plenty of room. Never tailgate.

Since these semis will have less time to slow down and stop, it is best to avoid changing lanes often and know when to start slowing down. If you’re going to be traveling below the speed limit, use your flashers to let other drivers know — give yourself the time and space.

Fatigue and Idling

Never fight tired eyes; if you feel like you’re getting too tired to drive, pull over or stop at the nearest rest station. Fatigue accounts for 30 percent of truck accidents. While sleeping, loading or unloading, never leave the truck running.

Take a Break

Taking a break is not only crucial in avoiding an auto accident, but driving more than 11 hours in a row could land you in some legal trouble — if you don’t want to get an attorney involved, pull over.

Reducing the dangers of the road takes effort from sedan drivers to semi-truck drivers. An experienced lawyer can help you if you are involved in a crash, but practicing safe driving is the best way to really beat becoming another statistic.

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If you’ve been in an accident, you may be eligible for compensation. Call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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

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Thursday, 28 December 2017

Utah DUI Lawyer

Utah residents may not be aware of statistics from the National Highway Traffic Safety Administration indicate that Halloween is a dangerous holiday for motorists. The numbers indicate that more people die in DUI-related crashes on this holiday than die in the same type of crashes on New Year’s Eve. If Halloween is on a Friday or Saturday, those numbers rise by as much as 40 percent.

33 people arrested for DUI on Halloween

These statistics may be what prompted the Utah Highway Patrol to assign an additional 160 troopers on the roads on Halloween. Their primary focus was to be on the lookout for drivers they suspected were impaired. The UHP says this was done in order to ensure that partygoers and families get home safely. If you ever get arrested or charged with a DUI, you need to talk to a DUI Lawyer about your case.

This effort led to 33 people being arrested on suspicion of driving under the influence in Salt Lake County alone. All of these people greeted the next day facing the possibility of criminal penalties such as fines, the suspension of his or her driver’s license or even jail time. A drunk driving charge and possible conviction can have adverse effects on every aspect of an individual’s life.

Each accused individual will likely want to gain an understanding of his or her rights and responsibilities in connection with the DUI charge. Fortunately, the presumption of innocence means that no one can be convicted without due process of law. Utah prosecutors are required to prove beyond a reasonable doubt that the person is actually guilty of the crime of which he or she has been charged. This gives an individual the opportunity to challenge the evidence prosecutors intend to present at trial and/or to explore other options to resolve the charges.

Former Utah mayor charged with DUI

The former mayor of a Utah town who resigned in February after being arrested on suspicion of drinking and driving that month was formally charged with DUI on March 5. The case is an example of how a DUI arrest can impact a person’s career even before the charges are adjudicated.

The defendant was arrested after being in a minor car accident in Helper, where he was elected mayor in 2010. Police administered a breath test that allegedly measured the defendant’s blood-alcohol level at 0.169. If that test is accurate, it would be more than twice the legal limit of 0.08.

It was the second time the defendant was arrested during his term as mayor. He was arrested in November 2011 on suspicion of DUI and pleaded guilty in May to misdemeanor impaired driving and having an open container in his vehicle. He was sentenced to one year of probation. He also reportedly pleaded guilty to DUI in 1991.

The former mayor was charged on March 5 with DUI and being an alcohol-restricted driver. Both charges are class B misdemeanors, which in Utah carry base sentences of up to six months in jail and fines of up to $1,000 apiece.

Those possible punishments alone would be enough for most people charged with DUI to hire a defense attorney. Another thing to consider is that DUI charges can stain their reputation, even though only in most cases only the government has had the chance to give its side of the story. An experienced DUI defense attorney can examine the prosecution’s case and spot possible holes in their story or illegal procedures that can change the complexion of the case.

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

Ascent Law LLC

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Birth Father’s Rights

What Happens to Property in Divorce?

Utah’s New DUI Law

What to do after a Motorcycle accident

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Birth Fathers’ Rights

In many states, including Utah, a birth father must prove paternity and then approach a court to establish legal rights to his child if he is not married to the mother. Failing to do so can result in the loss of any parental rights, including physical custody, if the mother decides she does not want the child. You should always get a Custody Lawyer to help you with this. While there are some birth fathers who have no desire to be a part of their child’s life, there are others who would gladly take on the responsibility and retain child custody.

AT LEAST 1 STATE CONSIDERING BILL BOOSTING BIRTH FATHERS’ RIGHTS

At least one state is considering a bill that would present birth fathers with essentially the same rights as birth mothers. Those who oppose the bill say that giving birth fathers more rights could create problems. One central concern appears to be fathers who show no initial interest in their children but then turn up at some later point in time to demand custody and visitation rights. Another concern is that the bill may cause harm for victims of domestic violence.

However, advocates for the bill contend that children are less likely to get into trouble with a father in their life and that fathers should not have to use the courts to fight for access to their own children. Addressing the concern for absent fathers, the bill’s sponsor points out that birth mothers can also behave in a likewise manner, turning the child over to the custody of the father and then coming back at a later time and demanding the child’s return.

DO GRANDPARENTS HAVE VISITATION RIGHTS?

If you are a grandparent and are unable to visit your grandchild, you may be experiencing a wide range of emotions, such as sadness or perhaps even a sense of anger. In Salt Lake City, and across Utah, it is vital for you to understand where the laws in this state stand on grandparent visitation if you are in this position.

According to the Utah State Legislature, grandparents are able to request grandparent visitation in the state. Moreover, if there are legal proceedings concerning the child which involve custody, visitation or the child’s parents filing for divorce, grandparents can fill out a petition for visitation. Typically, it is presumed that parents have the best interests of their child in mind when making decisions related to grandparent visitation. That said, a number of circumstances may arise where a parent’s choices concerning this matter can be overruled by the court. For example, if the child has unfit parents, visitation was denied or grandparent visitation serves a child’s best interests, the court could overrule choices made by the child’s parent.

In some cases, courts will ask the grandchild about his or her wishes with regard to grandparent visitation. Furthermore, if you, your grandchild or your grandchild’s parents experience significant changes, you may be able to have your visitation order modified, so long as the court finds that such modifications are acceptable.

CAN BACK CHILD SUPPORT PREVENT ME FROM TRAVELING?

On this blog, you can find a number of posts which explain some of the consequences that come with missing child support payments, such as being taken into custody and facing steep fines. However, in Salt Lake City, and other places in Utah, back child support could affect you in other ways that you may not be aware of. For example, this dilemma could result in you being unable to leave the country.

The U.S. Passports & International Travel reports that those who owe over $2,500 in back child support lose their eligibility to obtain a passport. Whether you plan on leaving the country for business or simply enjoy spending time in other parts of the world, falling behind on your child support obligations could prevent you from traveling internationally.

Fortunately, you may be able to prevent or address this problem in a number of ways. For starters, if you owe back child support, you could have the ability to set up a payment plan and pay off what you owe. However, if you are worried about being unable to pay child support because you recently experienced a major life change, such as a major condition or losing your job, you may be able to make your monthly payments more manageable by modifying your child support order.

Whether you decide to move forward with child support modification or set up a payment plan, it is vital to handle child support issues properly. Please do not view this post as an alternative to legal advice.

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

Ascent Law LLC

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What happens to property in divorce?

Wednesday, 27 December 2017

What happens to Property in Divorce?

If you ask a divorce lawyer about property settlements in divorce cases, or if you are involved in a contentious divorce or are in the early stages of separating from your marital partner, you may have a lot of questions, such as how divorce will affect your children or your property. That said, the division of property can be especially complicated and you should try to develop an understanding of how you and your spouse’s property may be split up. In Salt Lake City, and the rest of Utah, understanding the difference between marital property and non-marital property is pivotal.

WHAT HAPPENS TO NON-MARITAL PROPERTY IN DIVORCE?

Typically, you will be able to retain any non-marital property when you divorce your spouse, according to the Utah Courts. Likewise, you will probably not receive any non-marital property that your spouse owns. However, non-marital property may be distributed under certain circumstances. For example, if your non-marital property has been used in a manner where it became marital property, or has been mixed with marital property, then it may be subject to division.

There are various examples of non-marital property that each party can usually keep, such as inheritance, gifts or property that you owned prior to your marriage. On the other hand, courts may decide how to divvy up marital property between you and your spouse. From retirement accounts and vehicles to the family home, the distribution of marital property could have a significant impact on your life.

SOCIAL MEDIA MAY BE ANOTHER FACTOR IN DIVORCE CASES

Just as there are countless reasons that people find themselves attracted to one another on an intimate level, there are just as many reasons why couples in Salt Lake City, Utah, and elsewhere find themselves facing serious relationship issues and divorce. When considering modern relationships, many experts and couples alike are noting how social media plays into the equation of marital bliss, discontent and even divorce mediation.

Given that social media plays such a significant role in many peoples’ everyday routines and lifestyles, it may come as little surprise that websites like Facebook and Twitter effect personal relationships as well. According to one Pew research project, relationship issues like lack of attention and excessive social-media use are noted by many young people. Even so, more than 40 percent of adult participants under the age of 30 did say that they and their significant other bonded over talking online. And a little more than 1/5 of those questioned claimed such digital services can be good problem-resolution tools.

There is increasing evidence that social media outlets play a role in why and how individuals communicate in relationships too. For instance, some psychologists believe that men are more prone to discuss their emotions online because they’re unable or unwilling to do so in person. A recent study investigating one particular social media outlet and its influence on relationships suggests that, indeed, online communication plays a significant role in personal interactions.

Looking at everything from how often participants reviewed and used Twitter directly, the study published in the Cyberpsychology, Behavior and Social Networking journal found that serious relationship issues like cheating and divorce are linked to Twitter use. The author of the study argues that relationship duration is not a factor in Twitter-related issues that can arise.

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

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Utah’s New DUI Law

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Utah’s New DUI Law

After eating high-carb meals or taking certain antibiotics, some people complain of a condition that causes dizziness, nausea and a brain fog similar to intoxication or a hangover. Some victims of this condition even claim the malady results in a measurable alcohol level in their blood even when they have consumed no alcohol. As a Utah DUI Lawyer, I want to make sure that you understand the new law and what it does. While extremely rare, people who believe they suffer from what is known as auto-brewery syndrome may be concerned about how the impending change in Utah’s DUI law will affect them.

Some say Utah’s new DUI law could lead to arrests of nondrinkers

Auto-brewery syndrome has been used at least once in another state as a defense against a DUI charge. Those with the condition may have a chronically elevated blood alcohol count because certain yeasts and sugars combine in their stomachs to create a fermentation similar to that of alcohol. Drivers may exhibit symptoms of intoxication and even fail BAC tests. With Utah set to drop its BAC limit from .08 to .05 – the lowest BAC limit in the country – those with this condition may fear being wrongly arrested for DUI.

While at least one judge accepted auto-brewery syndrome as a defense for a drunk driving charge, some medical researchers say they can find no scientific data to support the existence of the rare disorder. In fact, the researchers believe anyone suffering from such symptoms would likely be unable to drive. Nevertheless, a .05 BAC does not allow much room for error. Critics of the change say that even one drink may result in a DUI arrest for certain people.

Additionally, even without the consideration of a rare and questionable auto-brewery condition, there are often factors that can skew a BAC test. After the BAC level drops in December, Utah drivers will have even more reason to know and understand the variables that can result in a false BAC reading. Seeking assistance from an attorney is advantageous to anyone facing DUI charges.

Brad Pitt and Angeline Jolie sign prenup in case they divorce

Utah residents who keep up with celebrity gossip may already know that Brad Pitt and Angelina Jolie recently got married. Before doing so, they reportedly negotiated and signed a prenuptial agreement just in case they ever get a divorce. A prenup can make a divorce less complicated and contentious.

Pitt and Jolie each came to the marriage with substantial fortunes. Pitt reportedly has a fortune of nearly $240 million, while Jolie was doing alright with approximately $185 million. They reportedly agreed that each of them would walk away with those amounts if their marriage ends.

In an interesting twist, any earnings made by the couple during the marriage will apparently not be split between the parties. Instead, it will be placed in trusts in equal shares for the benefit of the couple’s children. Neither party will receive anything earned after the date of the marriage.

Further, if Pitt does not honor his marriage vows to Jolie and enters into a relationship with another woman while they are married, Jolie automatically receives primary custody of the children. The Pitts executed the agreement at the behest of their legal counsel. They reportedly believe this was the best move for themselves and their children.

When a couple has a prenuptial agreement, it essentially represents the settlement agreement between the parties. Since the major issues have already been worked out, it may make the process easier, and each party could enjoy an amicable split. A Utah divorce does not have to be complicated and contentious, and a prenup is only one way to avoid a negative experience. A couple can agree form the beginning to work together toward a settlement that will leave each party believing the other treated him or her equitably and fairly.

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

Ascent Law LLC

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Tuesday, 26 December 2017

What to do after a motorcycle accident

Compared to the average car accident, a motorcycle accident is significantly more likely to result in serious harm or injury — therefore increasing the likelihood of needing a motorcycle accident lawyer. These tips come from a Motorcycle Accident Lawyer in Utah. If you are in a motorcycle accident, there are several steps you can take to help keep yourself and others safe.

Check for Injury

Immediately after the accident, check yourself for injury. You should quickly be able to tell if you have injuries that will prevent you from moving out of the roadway. If you are unable to move, stay put. You don’t want to risk injuring yourself further. Wait for help to arrive.

Move to Safety

If you don’t have any obvious injuries that prevent you from moving, get to a safe place. Put as much distance between yourself and potential hazards — such as gasoline spills or fires — as possible. If you’re in a more mountainous area like St. George, Utah, you’ll want to stay away from any ledges or drop-offs. One you are in a safe place, sit down and try not to move. You may have injuries that aren’t easily identified like organ damage or internal bleeding. Stay calm until medical help arrives.

Call 911

Call 911 as soon as possible. Even if you think there aren’t any injuries, it’s a good idea to have medical professionals come to the scene and make sure. Even in smaller cities like St. George, police can help control traffic, record the details of the accident and explain whether or not you need to call a lawyer.

Remain Calm

Try your best to remain calm and collected. Don’t argue with others involved in the crash, and don’t assign or accept responsibility for the accident. Instead, collect relevant insurance information from the other drivers and contact information from any witnesses who are nearby. Take photos of the scene if possible.

Call a Lawyer

After a motorcycle accident, whether in Salt Lake City, Park City or the South Jordan, you may need to hire a lawyer. Call your lawyer if you are wrongly accused of causing the accident, insurance denies your claim, the damage exceeds your insurance limit or if the accident results in serious injuries and medical costs.

THE INEPTITUDE OF AMERICA’S FOOD RECALL SYSTEM

According to a recent United States Food and Drug Administration (FDA) audit, the food recall system in the U.S. is woefully ineffective. The audit even goes on to mention that it took five months after salmonella was discovered in commercial peanut better for a recall to be issued for the product. A mistake like this can easily lead to the wrongful death of someone who reacts badly to the contaminate substance.

Findings of the Audit

The FDA audit found that over a recent three-year period 30 food recall cases involving two different companies took over three months to issue a recall after a potential problem was initially discovered. Along with the peanut butter, cheese contaminated with Listeria took three months after the problem was first discovered for a recall to be issued — not only does this put residents of Salt Lake City at risk, but people throughout the U.S. could have been affected.

FDA’s Response

After these glaring FDA mistakes were discovered, a change in policy was deemed necessary. The FDA argued that those two cases do not represent the recall system, and that almost every recall has a response time of less than a week. The FDA also said that it is working on improving the system in order to speed up all recalls.

Free Initial Consultation with Motorcycle Injury Lawyer

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

Ascent Law LLC

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How Does Utah Child Support Find People

When a noncustodial parent has been delinquent and fallen behind in paying for child support, the state may be forced to grant the custodial parent an enforcement action. But since the unresponsive parent is probably nowhere to be seen and held responsible, the state may have to try and locate them. Because of this, you may need help from a Child Support Lawyer.

The Utah Department of Human Services will then work through Office of Recovery Services (ORS) and try to locate the absentee parent. The ORS/CSS will embark on finding the nonresponsive parent and normally, they do it through the following.

Finding the Deadbeat Parent

The first step towards finding that elusive non-supportive parent is to gather as much identifying data about him or her as possible. If the noncustodial parent is a former spouse, locating the right information won’t be hard. The same is true if the parent is within reach, perhaps when otherwise unresponsive parent is a state employee. Essentially, the information to focus on includes:

The absentee parent’s official names
The social security number
Place of work and who the employer is
Names of co-workers and their respective addresses
Friends and family members who may have related information
The Paternity tests and other verifications

Further Assistance

Aside from using the basic details of identification above, the state can use their own automated computer systems known as the State Parent Locator Service (PLS). Sometimes, however, data matches with state financial institutions ease the process and help the custodial parent find and prosecute the nonresponsive parent. It is important to add that the state through the relevant agencies have to do it within 75 calendar days so that the next action is done.

Once the elusive parent has been identified, the ORS/CSS will write him/her a letter for paternity tests and the suspect will be expected to reply in agreement for the evidence. The letter MUST NOT BE IGNORED because failure to show up would mean the courts assume that indeed you are irresponsible. Important to note, all claims should not be ignored at all costs – generic paternity tests have to be determined by the ORS/CSS.

Enforcement of Child Support – Utah Department of Human Services

Both the federal and state laws call for the ORS to make it easy to find a delinquent parent. It is tasked with:
Collaboration with other states and collecting the payments when the parent is located in another state
Levying the unresponsive parent’s bank account
Submitting liens against the absentee parent’s assets, properties, and bank accounts
Reporting overdue remittances to credit bureaus
Suspending the suspects DL
Intercepting lottery wins, tax refunds, etc
Filing lawsuits on behalf of the custodial parent

In practice, however, when all the legal routes fail, and the state can’t locate the deadbeat parent, experts would advise the custodial parent to do the investigative work on their own or hire a private detective. All these can be done with the help of a family attorney.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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ERISA Lawyer

Monday, 25 December 2017

ERISA Lawyer

When there is a problem with your retirement plan, consider speaking with an ERISA Lawyer at Ascent Law. We have helped people resolve problems with their ESOP plan and other retirement plans.

ERISA Law for 401(k) Plan

A Plan 401 (k) in the United State-Utah is defined as a qualified plan which encompasses a feature that allows an employee to have the employee’s wages portion before the taxes are taken out under this plan.

In other words, 401 (k) plan is designed to allow the employees to elect the deferrals.
This plan covers many things including profit-sharing, pre-ERISA, money purchase pension and the other is a rural cooperative plan.

The deferrals or the employee’s wages under this plan are not subject for any federal income tax deduction at the time of deferral. On the other hands, the employee’s income is not reported as a taxable income on the tax return.

Tax advantages:

There are many advantages that are associated with this plan, but few of them are as follows:

On the employee’s federal income tax return, the employer contributions are provable that’s means the contributions don’t exceed the described limitations in the 404 section of internal revenue.

The investment attainments and the elective deferrals are not taxed right now and can enjoy the tax deferral until distribution.

Types of 401(k) plan:

There are many different kinds of 401(K) plans that are right now available for employers.

The plans are:

Traditional 401(K) plans
Safe harbour 401(K) plans
The SIMPLE 401(K) Plans

For all the plans, it is important to follow the rules for getting a tax-favored status. It is necessary to implement the plan according to the rules that are applicable.

For this, the employer need to familiar with the special rules that are applied to operate the plan in accordance with those rules. However, it is necessary to meet the requirements language of the tax law for taking advantage of tax benefits.

What are the limits apply to contributions:

The two limits that apply to contributions are as follows:

A limit that is applied on employee elective deferrals.

The limit that is being implemented to the participant’s plan account (which include the overall employer’s contributions, the employee elective deferrals, and any forfeiture allocations).

In general, when you find the aggregate of all the elective deferrals that you made to all plans, then if the limit exceeds more than the annual limit for the participant’s elective deferral, you have to correct that mistake in the plan.

Where there are benefits, there are challenges too. So it is essential to choose the best attorney to handle all the problems from complex to the simple for this plan.

No doubt that there is a place and time of the legal counsel on an employee benefit plan. Many situations come in the ERISA/Employee benefit plan when the use of an attorney is helpful.

The best advice is to involve the legal advisor or lawyer to do all the things related to the plan of 401 (K).

Moreover. Hiring the services of the law firm should be a decision made with special care. Skill and circumspection because the risks of fiduciary liability and the benefits that you and your company take from this plan make that decision an important one.