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What to Do if You Get a DUI in Another State - Read This Drunken Driving Article

Whether you have a DUI in Another State or Your State, it’s important to know that a DUI can stay on your record for up to 10 years. Therefore, don’t dwell on your situation, but focus on getting all of the information that you can in order to help yourself . Your first and foremost Goal is going to be to either expunge (completely remove) your DUI/DWI or Greatly Minimize the Damage to your personal life.

Know this, right after your Drunk Driving Arrest, your drivers license is still valid. Even though you may have been given a temporary or paper license, your DMV record will not have the charge recorded, yet.

Put two and two together. You have a small period of time to get a “clean” Legal License before the damage is done.

If you haven’t been convicted, Consider This Premier Defense Strategy Used by Many High Powered Attorney’s called the “RISING BAC THEORY”.
According to The Information Association, LLC;
The Rising BAC theory (also known as the subtractive retrograde theory) is a very effective defense strategy in some states and less effective in others. It depends o the judge and wheter or not the court recognizes the theory but scientific evidence proves that this is completely accurate beyond a shadow of a doubt.

The idea behind it is due to the passage of time between alcohol consumption (when you last drank) and when it actually shows up in your blood stream. You see, it is only a crime to drive with a BAC of 0.08 or over, NOT to CONSUME enough alcohol to have a BAC of 0.08 or greater.
So, if a person consumes enough of an alcoholic beverage to put them over the legal limit immediately before driving, then they et into a car and drive 10 minutes down the road to their home and go to bed…the alcohol never had time to enter their blood stream to raise their BAC over the legal imit while they were driving.

So even though they consumed excessive amounts of alcohol, the did not drive with a BAC of over 0.08 (which is the legal limit).

They were home before the alcohol had a chance to “seep” into their blood. In essence, no crime was ever committed because the way the law reads, YOU MUT ACTUALLY BE DRIVING WITH A BAC over the legal limit. (0.08)
And it takes time for that to happen….like a couple of hours. So…
The problem comes I with the police officer who pulls you over for suspicion of drunk driving. He keeps you at the scene for an hour or more, and then brings you down to the station to blow into the Intoxilyzer 5000 breath machine. Now it’s been 2 hours since you were actually driving!

If you had consumed alcohol immediately before driving, the alcohol WAS NOT in your blood stream when you were actually driving, but by the time you ended up blowing into the Intoxilyzer Machine (2 hours after you were driving) at the police station, the alcohol has now been fully absorbed into your blood (due to passage of time) and will register on the test.
But you weren’t driving with that amount of alcohol in your blood, you were at the police station with that amount of alcohol in your blood.

So technically the crime you committed was blowing into an Intoxilyzer with a BAC of 0.08 or greater, NOT DRIVING WITH A BAC OF 0.08 OR GREATER! And it’s certainly not a crime to blow into a machine over the legal limit. It’s a crime to drive an automobile over the legal limit.
Do you see the rationale behind this theory? It’s very persuasive and effective!

This DUI Article is not to be construed as Legal Advice in Any Way, Shape or Form. You Should always seek the advice of a competent, qualified, attorney when making any Legal Decision. You should also have access to behind the scenes information so that your best interests are being met at all times.

For 3 Steps to Get a Clean Drivers License after Being Pulled over for a DUI go to http://tinyurl.com/269vt7
If You Want The Most Up to Date DUI Strategies From The Most Respected DUI Attorneys' in Practice Today Then go to http://tinyurl.com/269vt7 Don't Let a DUI Ruin Your Life. Protect Your Rights NOW!

Corporation Law

By Ashley Castellanos
It has been said that one of the best qualities of US corporation law, is its federalist organization. A firm may choose its state of incorporation, a domicile that is independent of its actual physical presence, and one that can be changed at any time with shareholder approval. The corporation codes in each state contain the standard provisions for corporate governance and function as default provisions in corporate charters. The firm therefore can tailor their corporate charters to fit their needs more precisely under the state code. Just as important to them, firms may also look for a state whose corporation law best matches their needs.

The provisions in various corporation laws run the gamut from trivial housekeeping to the more fundamental need for fashioning the relationship between shareholders and managers. Corporation laws may provide for things as mundane as specifying that a corporation’s name be placed in its charter, to as esoteric a thing as specifying the fiduciary duties of managers and voting rights of shareholders, when these can be waived and procedures for corporate combinations, including when managers’ – as opposed to shareholders’ – decisions are controlling. States have provided a different set of governance defaults for small privately held firms, which are called ‘close corporation codes’. The varieties of corporation laws have an enabling approach thereby accommodating the diversity in organization, capital structure, and lines of business found in different business firms.

Most corporation laws have to wrestle with the problem of separation of ownership from control in the modern public corporation. The big, publicly held firms typically have numerous shareholders with small holdings, who cannot actively exercise control over the firm or monitor management. The holdings of the managers running such firms are usually infinitesimal. This creates what is called an ‘agency’ problem, in which the managers’ operation of a firm may deviate from the shareholders’ wishes to maximize the value of the firm.

It is not inconceivable, for example, to find managers implementing a policy that makes their jobs more secure, such as engaging in defensive tactics to thwart a corporate takeover, even though this policy may reduce the company’s value. Or, because the managers’ wealth is indexed to both present and prospective compensation in the firm, they may follow a corporate strategy to reduce firm-specific risk. A typical example is the diversification of corporate acquisitions, in spite of the knowledge that the shareholders will not benefit because they are holding diversified stock portfolios which are subject to market, not firm-specific, risks.

The primary role of corporation laws in this regard is to establish corporate governance policies that mitigate this agency problem by aligning managerial incentives with shareholder interests. Corporation laws have governance devices such as promoting shareholder-elected boards of directors to monitor managers, strengthening shareholder voting rights for fundamental corporate changes, and defining fiduciary duties that impose liability on managers and directors who act negligently or with divided loyalty (i.e. favor their own financial interest over that of shareholders). Perhaps, managers should be reminded that corporation law presumes that firms should be managed for shareholders’ interests, not those of managers, in situations when those interests are in conflict.

My name is Ashley Castellanos, and I have been helping Internet business owners set up and run their businesses correctly since 1997. I own Corporation Soft, a company that was created for, and is dedicated to teaching business owners about corporation law.
Article Source: http://EzineArticles.com/?expert=Ashley_Castellanos

Buying A Home? Who Is Representing Your Best Legal And Financial Interests?

By Jim Hart

Thinking about buying a home? Who is going to represent your best legal and financial interests? If you are counting on the real estate agent to make sure you are doing things right, you better stop and think again. Why? Because real estate agents legally represent sellers and not buyers and many home buyers are either ignorant of this fact or ignore it and it costs them money whether they realize it or not.

But what about buyer brokers you ask? Buyer brokers are a scam set up by the real estate industry to capture commissions on both sides of the equation. Agents get listing contracts and commissions from sellers when the home sells and buyer representative contracts and commissions when a buyer buys, depending on the language of the buyer contract. What’s wrong with this you ask? Here’s what’s wrong with it: It is a conflict of interest. There is no way an agent or agency can both list homes under contract to represent the best legal and financial interests of a seller and a buyer simultaneously. And this is especially true when a realty agent and their realty company is both listing and selling the same home.

It is theoretically impossible for a real estate company or their agents to represent the “best interests” of both buyers and sellers due to the nature of contract law. When a home seller enters into a listing contract with a realty company, the real estate agent and company has a legal or “fiduciary” duty to represent the seller. If the same company also enters into contracts with buyers to represent their “best interest” this automatically creates an inherit conflict of interest. Why? Because it is virtually impossible to represent the “best interests” of both parties under “contract” when considering issues like disclosure of financial and other proprietary and confidential information. The very act of negotiations involved in the transaction requires the disclosure of certain strategic information from the buyer to the buyer-rep. And this information can be easily divulged between agents without the buyer’s knowledge. This is especially true when considering that the agents will get a “commission check” from such a transaction. The commissions check (typically paid by the seller) and in any case, will create an automatic bias in the agent toward a transaction that will result in a commission check to their benefit. Human nature dictates this bias will tend to impact the representation of the transaction in some capacity resulting in the highest possible commission in favor of the agent and their company. This is a conflict of interest.

The only exception to this rule is IF the buyer broker real estate Company does NOT list homes for sale with sellers and represents buyers exclusively. And even then, one should use great caution.

Buying a home is the single largest investment of a lifetime for most and it is a BIG business deal composed of people, emotions, contracts and cash. These are all the ingredients for legal and financial pain if you don’t know what you are doing and most people don’t.

Here’s something agents won’t tell you: Before you sign a purchase contract (or any contract), make sure you write, above your signature, “subject to buyer’s attorney’s approval” then, sign the contract. By doing so, you can get out of the deal if it is not in your best interests.
Remember real estate agents are LICENSED in real estate and trained in real estate principals, practices, law and some financing… how much real estate training have you had?
SBS has a TON of information products that cover home buying and selling that will show you how to be an extremely smart buyer or seller…we tell you “everything a real estate agent doesn’t want you to know”.

Check us out….
Copyright © 2006 James W. Hart, IV All Rights reserved
Be Smart, Visit SBS. click this link http://smart67.com
SBS, Where Smart People Get Smarter Faster...
SBS is an online information resource for individuals and business persons. Our focus is real estate and business information solutions through books, kits and ebooks. We also have a free access to dedicated research center with quality links to help you get key information fast including a state-of-the-art news media center. Check us out now and learn how SBS can help you.

Article Source: http://EzineArticles.com/?expert=Jim_Hart

How to Change Your Name in Ohio

All legal name changes in Ohio are attached to your existing birth certificate which is a computerized birth abstract showing the name change. After you change your name in Ohio all agencies, federal and state will accept your new name as your new legal name and will issue you documents with your new name if you wish.

Court ordering a legal change of name decreed in Ohio.

If you were born after December 20, 1908 then you are apart of a group of people the court is allowed to grant a legal change of name to. Once you get the court to certify your legal change of name decree the Ohio Vital Statistics office requires a copy. The court order must have been granted by a probate court. If you never had a birth certificate or were born before December 20, 1908 then the Vital Statistics office requires a delayed birth registration established by a probate court along with the certified copy of the legal change of name decree. The probate court is the only court that can do delayed birth registrations in Ohio.

Court ordering a legal change of name decreed outside Ohio.

If you were born after December 20, 1908 then you can be granted a legal name change outside Ohio. The Ohio Vital Statistics office will need a certified copy of the court ordered legal change of name and a delayed birth registration, which can be established by an Ohio Probate Court. Only Ohio probate courts can file delayed birth registrations.

The court order to legally change your name must contain:
1) The name prior to change
2) Changed Name
3) Name or county of court
4) Case number
5) Final date of the change of name
6) Signature of the Probate Judge or Deputy Clerk
7) Court Seal (not mandatory)

They may also ask for your date of birth, place of birth, and parent's names if they feel they don't have sufficient enough information.

This article was brought to you by Legal Forms Bank .Biz which provides your state's specific downloadable legal name change kit with instructions.We also provide your state's power of attorney form and partnership agreement form.

How To Change Your Name in California

The main way to change your name the quickest is by filing a Petition for a Change of Name. There’s a hard way and an easy way to petition the court to change your name. The hard way is to dig up Form NC-100, NC-110, NC-120, Form CSM-010, and form NC-130 1-by-1 on your own. The easy way is to find a site online that has all the forms as a kit and you should be able to find a kit with instructions. Instructions would help because there's more to this process.
Once you fill out the forms make sure you have a copy for yourself and a copy to give to the court. The next step is to then go to the court in the county you live and file your papers.

The third step is a bit trickier; you must "Publish the Order to Show Cause". This means you must call one of the newspapers your court recognizes as a general newspaper (the court house can provide you with a list) and ask them to publish your Order to Show Cause in their newspaper, they know the routine. You must Publish the Order to Show Cause once a week for 4 weeks in a row.

The fourth step is to go to your court date and take the proof of publication from the newspaper. Make sure you get the newspaper with your Order to Show Cause and bring it with you to your court case. You’ll also need to have the Decree Changing Name form that should of came with your kit (Form NC-130). The judge will need to sign off on the Decree Changing Name form this is what you’ll need to change all your legal documents which include your birth certificate, social security card, and passport.

Once you get the Decree Changing Name form signed get a certified copy from the court.

This article was brought to you by Legal Forms Bank .Biz a leading provider of up-to-date legal forms including your state's legal name change kit, residential lease agreement kit, and last will and testament kit.

Finding Law and Order Online- Building A Legal Information Resource

By Madison Lockwood

What do you do if you find yourself, suddenly, in a legal bind? Who do you turn to if you do not have the slightest idea of your rights as a citizen and you do not have your own lawyer? Believe it or not, lots of folks have been caught in this kind of a jam. But lucky for them, more often than not, the solutions are no more than a click away.

A resourceful legal website is certainly beneficial to anyone who needs quick and accurate information about a law suit or anyone who wants to learn more about legal matters. Since people are accustomed to logging on to their computers for all sorts of reasons--to read breaking headlines, check the weather forecast, download recipes, and book airline tickets etc.—it is logical to think that they would turn to a computer when searching for answers to a range of legal concerns.

What is more, a website is an obvious way to promote your company and attract new clients. There are numerous elements that could appear on your site. A full-fledged site defines your company’s mission, explains its background, introduces its employees, and lists contact information. But you can also include several different elements. Consider the following:
a dictionary of legal termsa variety of legal formsa directory of lawyers (organized by specialty or geography)FAQs and an “Ask the Expert” columnlinks to articles covering timely lawful issueslegal case histories

No matter what your company specializes in, a website can be tailored to cover your areas of expertise. It is also possible to make it as interactive as you desire. Perhaps you want to link to lively message boards and current blogs, or offer the opportunity to have live chats with lawyers. Whatever elements you include, the ultimate purpose of a functional, practical site is to provide information in a way that is as accessible and helpful as possible.

Let’s face it, the ordinary citizen is pretty clueless when it comes to determining lawful behavior, be it at home, at the office, at work, or at play. While we all have an idea of what is legitimate and permissible, most of us don’t grasp the exceptions to the rule or understand the fine print.
Of course, it is impossible to cover every aspect of the law on one website and it is impossible to list all the fields of interest here. But a carefully constructed legal website can, indeed, be a source of comfort and a fount of information for the general public. Here are a few examples of the subjects you might choose to address on your website (either in depth or in a general manner):

Bankruptcy lawsAccident insuranceCopyright lawEntertainment lawInvestment lawCriminal law and criminal proceduresDiscrimination lawsEmployment lawsFamily law
It is about time the field of law earned a positive reputation. Your company can blaze the trails by putting up an attractive, effective site that not only showcases your services, but also bestows valuable knowledge on those in need.

Madison Lockwood is a customer relations associate for ApolloHosting.com. She brings years of experience as a small business consultant to helping prospective clients understand the ways in which a website may benefit them both personally and professionally. Apollo Hosting provides website hosting, ecommerce hosting, vps hosting, and web design services to a wide range of customers. Established in 1999, Apollo prides itself on the highest levels of customer support.

Article Source: http://EzineArticles.com/?expert=Madison_Lockwood

When Can a Tenant Terminate Their Lease Legally?

There’s 3 ways a tenant can terminate their legal obligations to the lease during its term:
(1) You can terminate due to legal misconduct on behalf of the landlord
(2) When the landlord legally replaces you with new tenants
(3) And by an agreement with the landlord and the tenant

An example of legal misconduct would be if the landlord does not maintain the premises it could be considered as legal misconduct. Some local/state laws give you the right to terminate any lease obligations if you (the tenant) have problems accessing his/her premises or if your premises have code violations you didn't know about you could terminate your lease legally.
An example of number two when a landlord replaces a tenant with new tenants would be; if another tenant moved in and pays the full amount of the rent the first tenants obligation is terminated, ended, over.

It's against the law for a landlord to collect rent from more than one tenant for the same premises. The landlord and tenant could at anytime end their lease obligations by a mutual agreement.

It's not advisable to pay a deposit unless you’re signing the residential lease agreement form at the same time. Unless they refuse you based on race, color, age, sex, they can legally refuse to allow you to move in and take your deposit if you haven't signed a residential lease agreement form already.

"Repair and deduct" what’s that?If the landlord hires a professional to repair damages on your home he/she can deduct the cost of the repairs from the rent paid to the landlord. It's against the law for the landlord to charge more than 1 month's rent for repairs.
What is "constructive eviction?"Constructive evictions are when the inhabitable condition of your premises makes the property unsuitable to live.

This article has been brought to you by Legal Forms Bank .biz which is your best source for your state's Residential Lease form.We also provide up-to-date state specific last will and prenuptial agreement forms.

SUV Rollovers - Legal Information

By Todd Going

SUV (Sport Utility Vehicles) sales have sky-rocketed in the United States over the past few years. In 2004, SUV’s accounted for 25 percent of all new-vehicle sales with over 22 million on the road. Because SUV’s are larger, and heavier than other cars, buyers often times overlook the safety issues concerning them. Unfortunately, SUV’s have the leading cause of rollover death on our highways. New statistics show that more than 12,000 people died last year in rollover accidents with SUV’s accounting for 62 percent.

In the US, SUV sales are rising and so are the problems that come along with them. Because SUV’s have a higher center of gravity, they are the most unstable and rollover-prone vehicles on the road today. Many SUV’s are designed to be driven off-road, however very few are equipped with proper equipment such as roll bars. In addition, only a few meet the National Highway Traffic and Safety Administration roof safety standards.

If you or someone that you know has been the victim of an SUV rollover you should seek help immediately. An experienced accident lawyer can help you understand the complex legal system to ensure that you receive the compensation you deserve. Don’t let legal time constraints impede or terminate your case before it happens. Contact a lawyer immediately!

This article may be reprinted as long as this resource box and all links stay in tact. If you have been involved in an accident contact an experienced accident lawyer today for your free case review http://www.resource4accidents.com

Mesothelioma Legal Information

By Thomas Morva

Mesothelioma is mainly caused by exposure to asbestos during the production or use of asbestos products. It is widely believed that, for sixty years, the companies that dealt with asbestos related products knew about its hazards to health. The dangers of asbestos exposure were kept a secret by the companies for obvious reasons. This holding back of information on the connection between asbestos and mesothelioma has made those companies legally responsible for damages caused by their asbestos products.

Workers who subsequently contract this often fatal disease have the right to file lawsuits for damages. Mesothelioma claims settlements are huge, ranging from $200,000 to millions of dollars. Of course, that depends on the details of the case. Funds are usually set aside to repay the workers and their families.

In the United States, for instance, the median mesothelioma-related settlement is a million dollars. It is reported that cases that went into trial produced an average settlement of $6 million. Yet, it is important to remember that only a small portion of the thousands of asbestos-related lawsuits in the country are linked to mesothelioma.

Finding a decent lawyer to take care of these claims is vital. Since the settlements involve huge sums of money, attorneys are on the lookout for mesothelioma patients. Thus, claimants must take a cautious approach in finding an experienced lawyer to handle their claims.

Some law firms get hold of a mesothelioma victim, and transfer the information to lawyers experienced in handing such cases. Upon doing this, they get a decent referral fee from any successful claim. It is imperative for any lawyer selected to handle a mesothelioma case to have prior experience with litigation involving medical issues.

It is prudent to ask certain questions of attorneys who have been picked to handle the claim. The queries may include his experience in handling mesothelioma claims, the number of claims he has settled and the number that have gone into trial.

Mesothelioma claims can be a drawn-out affair, and law firms should have the necessary wherewithal to take care of them.

Mesothelioma Information provides detailed information on Mesothelioma Information, Mesothelioma Legal Information, Pleural Mesothelioma Information, Peritoneal Mesothelioma Information and more. Mesothelioma Information is affiliated with Clinical Mesothelioma Symptoms.

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Mesothelioma Information provides detailed information on Mesothelioma Information, Mesothelioma Legal Information, Pleural Mesothelioma Information, Peritoneal Mesothelioma Information and more.

Arrest Records - How to Obtain Criminal Arrest Records Online

Arrest Records - How to Obtain Criminal Arrest Records Online

Do you need to obtain arrest records for yourself or for someone else? You may need to get a copy of your own records when traveling, applying for certain jobs, or simply because you want to see what is listed on your record. You should always check the criminal records of anyone you are considering hiring for childcare purposes. Many employers and landlords check criminal records of applicants as well. If you are a single person dating online, and are thinking of meeting someone in real life that you met on the Internet, a criminal check can let you know if this is a safe idea or not.

There are various ways to obtain criminal records. If you are trying to get your own records, you can request them at your local police station. At the very least, they can give you the proper forms and tell you where to mail them and how much obtaining a copy of the records is going to cost. It is usually around $15 but may vary according to locality.

If you've ever been a victim of identity theft, checking your criminal record is a must to make sure there is nothing on there that shouldn't be. If you are having trouble obtaining the records you need for yourself or someone else from a local agency, the Internet can be a great help!

There are lots of companies online like http://www.familywatchdog.us and http://www.intelius.com that can obtain criminal arrest records for you or anyone else for a reasonable fee. You will need to provide as much information as you can in order to get accurate records. Name, address, email and phone number are all good things to have. The Social Security Number is the absolute best piece of data to use when you are requesting any sort of criminal or background check.

Thanks to the Internet, you never have to wonder about someone's criminal or arrest record. It is definitely worth paying a little bit of money to have the peace of mind you need. If your Internet search fails to provide you with the information you're seeking, a private investigator can certainly do the job for a more expensive price.

For more about criminal records and arrest records, visit http://www.criminalrecordsearch.biz/ Today!