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News And Thoughts On The Law In And Around Detroit

Think field sobriety tests are objective? Think again

Nearly everything you read about DUI traffic stops will tell you that police officers cannot place you under arrest based on a feeling or suspicion. They must have probable cause in order to make an arrest.

How do police establish probable cause for a DUI arrest? Other than their observations of your driving and behavior, they do so through administering field sobriety tests. Since authorities use the results as evidence of impairment, you would think the tests are objective. Unfortunately, you would be wrong.

Avoid divorce mistakes that can mean struggles in the future

Few couples approach divorce without some level of stress and anxiety. It is a major life change, even for those who have only been married a short time. However, if you and your spouse have decades of marriage behind you, there will be many complex and difficult decisions ahead.

It is easy to let the emotional turmoil of a divorce overcome you. Allowing emotions to control you at this time can lead to unfortunate mistakes that can hinder your ability to move forward with confidence and financial stability. It is wise to set your emotions aside while you deal with the legal matters of your divorce.

Implied contracts complicate employment relationships

Maybe it feels like you’re signing contracts more often all the time. What’s changing may be that businesses are learning to “get it in writing,” creating a paper trail in case of later disputes.

But many contracts are still unwritten, unspoken and usually even unnoticed. Many such “implied contracts” are just as enforceable as air-tight, written, signed, witnessed and notarized contracts.

What is implied consent?

Operating a vehicle while intoxicated (OWI) is a serious offense in Michigan and the laws reflect that. In fact, in Michigan, you don’t technically need to show you had a blood alcohol concentration (BAC) above .08 percent to be charged with a drunk driving offense. The penalties that come with an OWI conviction can be severe: a hefty fine, driver’s license suspension and even possible jail time.

With the harsh consequences that come with an OWI, you might wonder whether or not it’s in your best interest to submit to a breath test if you’re pulled over after drinking. But with implied consent laws, you may face severe repercussions from not taking a breath test.

How to pick the right legal entity when forming a business

Choosing the right legal structure can have a profound impact on the future of your business. The type of legal entity you select can affect whether your business succeeds or falls apart in the first few years. Therefore, it is important to carefully select the one that appropriately fits the needs of your business.

There are four common types of legal entities, including sole proprietorships, partnerships, corporations and limited liability companies. Each type of legal entity contains more specific legal structures. While there is not one that is better for the others, there is likely one that is better for you.

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