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Indianapolis Law Blog

Vince Vaughn charged with DUI in California

Indiana movie fans may remember that actor Vince Vaughn was arrested for drunk driving earlier this year. On Sept. 7, California prosecutors announced that the "Wedding Crashers" star has been officially charged in connection with the incident.

On June 10, Vaughn was arrested after being stopped at a sobriety checkpoint set up at the intersection of Artesia Boulevard and Prospect Avenue in Manhattan Beach at approximately 12:40 a.m. According to authorities, officers with the Manhattan Beach Police Department repeatedly asked the 48-year-old to exit his vehicle, but he refused to comply. He was eventually taken into custody and taken to an area jail for processing. He posted bail and was released.

Bitcoin presents new challenge for divorcing couples

It is not uncommon for people in Indiana and throughout the country to own Bitcoin and other digital coins. However, owning them can create problems when a couple chooses to get a divorce. This is because it can be hard to determine the value of a coin as markets can fluctuate wildly in a short period of time. It can also be difficult to determine where digital currency is being held or how much a person owns.

An individual can choose to put a copy of a digital wallet on a USB drive, which makes it harder to trace. If this happens, an investigation can be done to determine when transactions took place, but the investigation may cost more than the currency is worth. Therefore, a spouse will have to hope that the coins were purchased or traded online where the transactions are easier to track.

2 different Indiana parents charged with DWI and neglect

According to law enforcement authorities, two different Indiana parents are facing charges of driving while intoxicated and neglect. The first incident involved a 33-year-old Muncie man who was stopped by a Ball State University police officer on June 25 after driving erratically. The second incident involved a 27-year-old Muncie woman who reportedly crashed her vehicle. Both people had their children in their vehicles.

Police report that the 33-year-old man was pulled over after the officer noticed him crossing the center line and then continue to drive erratically. When he was pulled over, he reportedly spoke very quickly and appeared to be impaired. He did not have alcohol in his system, and he initially refused a blood test. The officer obtained a court order for a blood test, and the test came back positive for amphetamines.

Divorce rate declining in the military

Fewer members of the military in Indiana and across the country are choosing to marry according to one study. In 2017, around 51.7 of all troops on active duty were married while 56.6 percent were married in 2011. These statistics reflect similar trends to the overall population outside the military as well. When people in the military do choose to marry, they also face the possibility of divorce. Divorce rates held steady in 2017, remaining in the 3 percent range for the fourth consecutive year.

During 2017, around 21,290 married members of the military divorced out of a total of 689,00 married troops. This marked a slight decline from the year before when 22,500 people sought a divorce out of 707,230 married military members. The military divorce rate, which is calculated differently than the civilian divorce rate, compares the number of members of the armed forces listed as married at the beginning of a year with those who report a divorce during the course of the year.

Special divorce concerns of military service members

Ending your marriage can feel like the end of a journey, but also is just the beginning of a new chapter in your life. Going through a divorce is never easy for families, and this is no exception for military families.

There are some unique issues that come up during a military divorce. You may be able to make better decisions with fair outcomes if you are aware of the complex issues that may arise in a military divorce.

Exposing Breathalyzer inaccuracies in drunk driving cases

Breathalyzers are the tool most commonly used in Illinois and across the country to show that a driver was intoxicated when he or she got behind the wheel. Across the country, driving with a blood alcohol concentration of .08 or higher is unlawful and classified as driving under the influence. While blood tests provide the most precise results, breath analyzers are used far more frequently and provide instant results that are largely presumed to be accurate. However, the accuracy of those results could be questionable if the Breathalyzer was not properly calibrated before a driver's breath was assessed.

In general, courts accept Breathalyzer evidence in order to show that a driver had a BAC that exceeded the legal limit. However, in order for that evidence to be accepted, the police must show that the device is reliable and appropriate for this purpose. When police are unable to show that a breath analyzer has been properly maintained or that the operator has not received proper training, the Breathalyzer results may be excluded from a drunk driving case.

Options for splitting retirement plan assets during divorce

The division of assets that takes part in a divorce includes retirement accounts. People in Indiana who need to withdraw their share of retirement funds as part of a divorce settlement need a Qualified Domestic Relations Order approved by a judge for every 401(k) plan or other employer-sponsored savings plan or pension. This court order specifies how much money a person gets and makes it possible to shield the person from taxes and penalties as long as the money gets directly rolled into a new retirement plan.

Although state law and a court could guide the terms of the split, people have the option of working out their own terms. They might benefit from financial advice while making these decisions. A financial adviser could provide information about possible tax consequences.

Are you fully prepared for the fourth?

Sparklers? Check. Miniature American flags? Check. Meat for the grill? Check. There might still be one more step to take before celebrating the Fourth of July: an OVWI/DUI prevention plan.

Independence Day is one of the top days of the year for alcohol consumption. Depending on the way you plan to celebrate, you may drink beer at a barbeque, shots at a party or wine while watching fireworks. However, certain holiday activities don’t mix well with intoxication. Aside from staying sober while igniting pyrotechnics, Indiana residents need to stay sober if they plan to drive home.

What do dads need to know about divorce?

No parent ever wants to even consider the thought of getting a divorce. But sometimes things just do not work out like you had hoped and it is the best decision for you to make. As a father, divorce can be especially hard because the thought of not having your children around can be excruciating.

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