Saturday, 11 April 2020

What Are The Rules For Alimony?

What Are The Rules For Alimony

Alimony or spousal support is a monthly payment made by one spouse to another in accordance with either a settlement agreement or a court decision. The purpose of alimony is to correct any unfair economic effects caused by a divorce, such as when a stay-at-home parent suddenly needs a source of income after the divorce but has never held a job. Spousal support is generally issued in connection with cases involving divorce or legal separation. Also known as alimony, spousal support is where one spouse pays the other ex-spouse a certain sum of money, usually on a monthly basis. Courts may require this in instances where one party is much more financially stable than the other, and the other party needs assistance in beginning life after the divorce or separation.

Spousal support is issued on a case-by-case basis, and each case will be different in terms of the spousal support analysis. In most cases, only persons who have been involved in a marriage of a longer duration (usually over 5 years) are qualified for spousal support. Also, the court will take into account several factors when making the support determination, including:

• The earning capacity of each spouse
• The assets and property owned by each person
• Whether one party is significantly involved in debt
• Whether the parties were engaged in a shared business
• Each party’s contribution to the relationship (for instance, as a homemaker, or in terms of joint careers/education)
• Whether the parties have worked out spousal support provisions in a prenuptial agreement
• Various other factors, such as mental and physical health conditions
• Certain factors can disqualify a person from child support, such as a history of abuse or a history of certain charges on one’s criminal record.

Spousal support orders that are issued by the court are final and enforceable by law. However, they can sometimes be altered due to unique or special circumstances that become present later on. An example of this is where the spouse receiving support payments begins cohabiting with another partner who begins supporting them financially. Another example is where one party is experiencing extreme hardship. Spousal support can also be terminated for various reasons. It is usually ordered after a divorce when either the spouse mutually agree on the payments or when the judge looks at all the relevant factors and decides that alimony or spousal support is necessary to support one spouse. Spousal support is generally awarded to a spouse who has been out of work during the marriage or makes a lower income and needs the support of the other husband even after the divorce. The judge could order one spouse to pay the alimony payments in one lump sum if the spouse has the ability to do so or make monthly payments. Alimony payments can also be modified depending on the ability to pay. For example, if one spouse gets a significant raise in income or loses their job and cannot pay, then the spousal support is also modified since it changes the ability to pay.

Requirements for Spousal Support

There are several requirements in order to satisfy for payments to be considered spousal support:
• The payments that are being made must be in cash or checks. Assets and paying off debts is not considered payments for support.
• The payments must be provided for in a divorce or a written agreement

• Payments made prior to divorce or agreement for payments are not considered
• Alimony or spousal support cannot be claimed during the same year joint tax returns were filed
• Alimony payments cannot be paid during the time both spouses live in the same residence
• The payments must stop if one spouse marries or dies
Even if the woman is working and there is a substantial difference between her and her husband’s net worth, she will still be granted alimony to provide for the same living standards as her husband’s. If the woman’s not earning as well, Court will consider the woman’s age, her educational qualifications, ability to earn to decide the amount of the alimony. Alimony does not constitute child support. Maintenance for children’s needs is to be provided separately by the father. However, if the mother is earning, she will also have to provide for the child in proportion to her income. Husband is granted alimony only if he has some physical disability that prevents him from earning and the wife is earning.
How much is paid
Monthly payout: Supreme Court has capped monthly alimony at 25% of husband’s gross salary. It can be raised and lowered as per the changes in husband’s salary.
Lump sum settlement: No benchmark on lump sum settlement. It usually ranges from 1/5th to 1/3rd of the husband’s net worth and is a one-time settlement.
Taxability of alimony
Monthly payout: Alimony in the form of monthly/quarterly payouts is treated as revenue receipt and taxed in the hands of the receiver. It is added to her total income and taxed as per the tax bracket. No deductions available for the payer.
Lump sum settlement: Lump sum alimony is treated as capital receipt and hence is tax-free.
Items that belongs to her.

• All kinds of jewellery (gold, silver, precious/semi-precious stones, and alloy), property and other valuables like car, paintings, artifacts, appliances, furniture etc. gifted to the woman at marriage, before marriage and during the course of her marriage. In case of a dispute, a list of all the items signed by two witnesses can be given to make a claim.
• Gifts can come from anyone husband in-laws, parents, friends, relatives and acquaintances.
• Woman’s earnings before or after marriage from employment or business. Any savings or investments made from her earnings.
Items that does not belong to her.
• Any ornaments, like a gold chain or ring, and other valuables gifted to the husband by the wife’s parents at the time of marriage and through the duration of marriage.
• Any movable or immovable asset bought by the husband in the wife’s name without passing it on as a gift.
• Earnings of the woman spent on household cannot be claimed back.
Taxes and Alimony Records
For now, alimony is tax-deductible for the paying spouse and constitutes taxable income for the supported spouse. This is one of many reasons that it’s important to keep adequate records if you’re paying or receiving alimony. Note that individuals paying alimony will no longer be able to deduct their payments for tax purposes, and supported spouses won’t have to include alimony in their gross income. Frequently after a divorce, the spouses dispute, or the challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction or be ordered to pay back support if the other spouse makes a claim in court.
Alimony Payer
The person paying alimony should keep:
• a list showing each payment (date, check number, and address to which the check was sent)
• the originals of checks used for payments (keep in a safe place, such as a safe deposit box) be sure to note on each check the month for which the support is being paid, and
• if you pay in cash, receipts for each payment, signed by the recipient.

Be sure to keep these records for at least three years from the date you file the tax return deducting the payments. Some lawyers and tax advisers say you should never throw away these types of records.

Alimony Recipient

The spouse receiving support should make a list that shows each payment received. Include the following information:
• date payment was received
• amount received
• check number or other identifying information (for example, the number of the money order)
• account number on which any check is written
• name of bank on which check is drawn or money order issued
• a photocopy of the check or money order, and
• a copy of any signed receipt you give for cash payments.

Finally, if you secure an alimony order but your spouse refuses to make the required payments, take immediate legal action to enforce the order through a contempt proceeding or an earnings assignment order. Orders to pay monthly alimony have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining regular payments. If necessary, a court may jail a reluctant payer to show that it means business.

Factors Affecting Alimony

The determination of alimony varies greatly from state to state. Some state statutes give explicit guidelines to judges on the amount and/or duration of alimony. Alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances. Furthermore, the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee’s gross income. Spousal support is usually not awarded in marriages of less than 10 years and in some states, alimony awards cannot exceed 121 months. In Utah, the duration of alimony cannot exceed the length of the marriage. In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state.

In general, there are four types of alimony
• Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendent lite, which is Latin, meaning, “pending the suit”.

• Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.

• Permanent alimony: Support paid to the lesser-earning spouse until the death of the payer, the death of the recipient, or the remarriage of the recipient.

• Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses).

• Amount and duration

• The longer the length of cohabitation and the greater the disparity between each party’s incomes, the larger an award of spousal support will be and the longer the duration will be. As stated above, spousal support calculations are complex. There are no tables to use as in child support calculations. Lawyers use special software designed specifically to calculate the entitlement, amount, and duration of support. After information is input into a computer, the software will provide a range for the spousal support amount and duration.

• Although there is no set formula to determine the exact amount and duration of spousal support, there are guidelines, referred to as the Spousal Support Advisory Guidelines, which provides ranges for both. The Spousal Support Advisory Guidelines calculates the ranges taking into account the factors set out above. Although the courts are not required to abide by the Spousal Support Advisory Guidelines, they are required to take them into account when deciding on the issue of spousal support.

• Depending on the means and needs of the individual receiving support, the court will generally award an amount of spousal support somewhere within the range provided by the software. The longer the relationship, the greater the presumption that the parties should have an equal standard of living.

• Similarly, the length of the relationship will be taken into account when determining how long spousal support should be paid for. Awards for spousal support can be for a limited term or indefinite.

The fact you have to pay alimony to your ex-spouse doesn’t amount to a finding that you are a bad person. Consider it part of the cost of entering a marriage that you probably thought would last until death parted you. Alimony has been the law for more than 100 years, and while it is ordered somewhat less frequently these days, there is no sign that courts are going to stop making alimony orders for good.

Utah Alimony Attorney Free Consultation

When you need legal help with an alimony or divorce case in Utah, please call Ascent Law LLC (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Source: https://www.ascentlawfirm.com/what-are-the-rules-for-alimony/

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Friday, 10 April 2020

Foreclosure Lawyer Draper Utah

Foreclosure Lawyer Draper Utah

Credit for individuals has been in use—and regulated—since the earliest days of recorded antiquity, and probably well before that. Credit regulation began at least with the laws of ancient India and Babylon, but it probably started much earlier with nomadic hunter-gatherer chieftains who desired to straighten out borrowing and lending misunderstandings and abuses among clan and tribe members. In the United States, credit regulation began in the colonial period with the adoption of England’s legal system, and it continued after the American Revolution, expanding its geographic reach with the westward migration of settlers.

Throughout American financial history through World War II, mortgage and consumer credit was often hard to obtain, but since 1945, the amount of outstanding credit subject to regulation has taken on massive proportions. Interestingly, however, the postwar growth of credit has not been nearly as large as is often believed when measured in real (inflation-adjusted) terms. It is reasonable to assume that a complete return to a peacetime economy, occurred by 1955 following the Korean War. Calculating real compound annual growth rates from that year to 2008, mortgage credit grew 5.2 percent annually and consumer credit 3.9 percent. Both amounts actually declined in 2009.

If you are facing foreclosure, you may be a victim of predatory lending. Speak to an experienced Draper Utah foreclosure lawyer.
Like TILA, HOEPA has proven to be a relatively ineffective tool for controlling predatory lending. The vast majority of subprime loans do not meet the definition of “high-cost,” and therefore are not subject to any of HOEPA’s protections or prohibitions. HOEPA excludes some questionable costs—such as high prepayment penalties—from its points and fees threshold, and does not cover purchase money mortgages, reverse mortgages, or home equity lines of credit.

In addition, although HOEPA bans some predatory practices for covered loans, its prohibitions are either too limited or too onerous to provide adequate protection for borrowers. HOEPA, for example, appears to recognize that asset-based lending is abusive, but applies only when there is a “pattern or practice” of asset-based lending, and not when a lender fails to consider the plaintiff’s ability to pay in any one instance. HOEPA thus insulates from prosecution all but the worst asset-based lenders. In short, although HOEPA targets the worst loans, it has not been able to stem the rise in abusive lending practices.

Real Estate Settlement Procedures Act (RESPA)

The Real Estate Settlement Procedures Act (RESPA) ensures that borrowers obtain basic information about their loan during the transaction, prohibits certain practices that may increase settlement costs, and imposes certain requirements on loan servicing practices. RESPA applies to “federally related mortgage loans” secured with a mortgage on a one-to-four family residential property, which includes most home purchase loans, assumptions, refinances, home improvement loans, and equity lines of credit.

RESPA requires that lenders detail the costs associated with settlement, outline lender servicing and escrow account practices, and disclose any business relationships between settlement service providers. RESPA also prohibits certain potentially predatory practices that could increase settlement costs to the borrower. For example, RESPA makes it illegal to give or accept any item of value for referrals of settlement services or to give or accept charges for services not actually performed.

Finally, RESPA requires loan servicers to follow certain practices related to the servicing of the loan and any escrow account used for paying property taxes, insurance, and the like. Servicers must respond to the borrower’s written questions or complaints about servicing of the loan within 60 days, and must provide the borrower advance written notice before servicing of the loan is transferred to a new servicer. Although RESPA does not require lenders or servicers to maintain escrow accounts, where such an account is maintained, RESPA places limits on the amount of money the servicer may require the borrower to pay into the account, and requires that the servicer make payments on time to avoid late charges.
As important as these protections may be, RESPA’s reach is limited. Although some of its provisions create an explicit federal cause of action, thus allowing borrowers to file private suits, others (including some of the disclosure provisions) do not. Furthermore, disclosures offer only partial protection, for the simple reason that many borrowers do not understand the content of the notices they are given. In addition, settlement costs and servicing practices—while they can be unfair and abusive—are not the primary methods by which predatory lenders strip equity from their victims. Thus, for a predatory loan victim like Mary, who is in need of a statute that will offer her meaningful protection and relief, RESPA presents many of the same practical shortcomings as TILA and HOEPA.

Equal Credit Opportunity Act (ECOA) and Fair Housing Act (FHA)

Predatory lenders are by no means even-handed in where they ply their trade and whom they choose to target with their fraudulent practices. Often these lenders focus their exploitative practices on traditionally underserved populations where minorities, women, and the elderly are disproportionately represented. This practice, known as “reverse redlining”—defined as marketing bad loans to an area because it is home to members of a certain racial, ethnic, or other group protected under the law—is a civil rights issue, because it causes significant harm to minority communities in particular.

Like traditional redlining—the practice of denying prime or good loans to a minority area or community—reverse redlining has, in recent years, been held to violate both the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). Where these two laws can be used to combat predatory lending practices, the effect may be considerable, in large part due to the extraordinary range of remedies and procedural options these statutes offer.

In the broadest sense, the FHA and ECOA prohibit discrimination in the extension of credit and real estate-related transactions (defined to include mortgage lending). Both statutes permit recovery of compensatory damages (that is, money to make a victim whole for the injury suffered), punitive damages, and attorneys’ fees, in addition to “injunctive relief” (a legal term for nonfinancial steps that the court can order to right the wrong done or to prevent future harm). The FHA, in particular, provides a far more generous statute of limitations than most other federal statutes, and grants an automatic right to a jury trial. In addition, both the FHA and ECOA permit a finding of liability not just where discrimination is intentional, but also where a lending practice has an unnecessary disparate impact (a disproportionately negative effect) on a protected group. Given the right facts and a receptive court, these are powerful tools—far more effective than anything offered by TILA, HOEPA, or RESPA.

For all that these statutes offer, however, they also pose problems for those seeking to prosecute predatory lenders. First, the FHA and ECOA were designed to provide a remedy for discriminatory conduct—that is, conduct that treats protected groups differently from nonprotected groups. To prevail under these statutes, it is not enough to show that a lender subjected an individual to unfair or fraudulent practices; the victim must prove that she was subjected to the practices because of her race (or some other protected characteristic). That means, of course, that “equal opportunity” predatory lenders—those who prey equally, for example, on white and African American communities, young and old, men and women—may fall outside the reach of these laws.

Second, even where a lender has engaged in discrimination, it is not always easy to prove, especially for an individual without significant time and resources. For example, proof of discriminatory marketing usually requires evidence of how a lender treats a larger group of borrowers within a metropolitan community. An individual victim facing foreclosure may well lack the time or resources to marshal this kind of evidence or otherwise build a winning FHA or ECOA case.

Racketeer Influenced and Corrupt Organizations Act (RICO)

Although enacted to target organized crime, the Racketeer Influenced and Corrupt Organizations Act (RICO) has been used to combat various forms of consumer abuse.36 RICO authorizes civil suits by individuals who have been injured by certain criminal activity known as “racketeering,” including mail or wire fraud. RICO prohibits persons employed by or associated with an “enterprise” (which may be a corporation or other legal entity, or an informal association of individuals) from using the enterprise to engage in a pattern of racketeering activity.

Predatory lending frequently involves mail or wire fraud. This has allowed creative attorneys to assert RICO claims against lenders engaged in abusive practices. The remedies offered under RICO make it a potentially powerful legal weapon: where a borrower succeeds in proving a RICO violation, he or she may collect treble damages (three times the damages actually suffered) and attorneys’ fees and costs, which may be substantial. Courts have interpreted RICO broadly, to cover many different types of illegal schemes, with the result that the statute offers the potential to reach a wide range of predatory lending practices. RICO’s prohibition on conspiracy to violate its provisions also opens the door to claims against third parties (such as brokers) that may have assisted the lender in implementing the predatory scheme.

Despite the protections and relief available under RICO, its utility in the arena of predatory lending has limitations. First, RICO requires proof of far more than abusive loan practices. In general, proving the complex elements of a RICO claim is difficult and costly, and there is considerable disagreement among the courts regarding the proof required to establish a RICO violation.

Second, certain requirements of a RICO claim can be particularly difficult to meet in a predatory lending case. For example, “racketeering activity” usually requires proof of fraud, which as a legal matter can be difficult to show. RICO also requires proof of a “pattern” of racketeering activity, which means that an individual like Mary, who may be victimized through a single instance of illegal conduct, cannot take advantage of RICO’s protections. And even where such a pattern of illegal activity exists, it may be difficult to establish the existence of an “enterprise” through which the illegal activity was conducted.

Finally, although RICO offers significant monetary remedies, the statute leaves some remedial gaps. It is unclear, for example, whether RICO authorizes injunctive relief. Thus, even where a borrower wins a RICO action, the court may not be able to order the lender to cease its predatory practices or to require forgiveness of the loan.

The Federal Trade Commission Act

Section 5 of the Federal Trade Commission Act prohibits unfair or deceptive trade practices. An “unfair” practice is one that causes or is likely to cause consumers “substantial injury” that is not reasonably avoidable and is not outweighed by countervailing consumer benefits. A “deceptive” practice is a material representation, omission, or practice that is likely to deceive consumers acting reasonably under the circumstances. The FTC Act’s broad prohibition against unfair or deceptive practices has been applied to a wide range of actions, including abusive lending and loan servicing practices.

The FTC Act grants the FTC authority to bring administrative and judicial enforcement actions to attack unfair or deceptive practices by individuals, partnerships, or corporations, with certain exceptions (including banks that are regulated by other federal agencies). In the administrative context, the FTC issues a complaint and conducts its own investigation. Where it concludes that an individual or entity has engaged in illegal practices, the FTC may issue a cease-and-desist order to halt the illegal activity, and may then seek consumer redress in federal court for consumer injury. The FTC may also pursue other individuals or entities that knowingly violate the standards in a particular cease-and-desist order by suing in federal court to recover civil penalties.

Independent of its own administrative process, the FTC also has the power to challenge unfair or deceptive trade practices by filing a lawsuit directly in federal court, without first making a finding of illegal conduct. Under Section 13(b) of the FTC Act, the FTC may sue in federal court when it believes that the statute has been, or is about to be, violated. The court may issue an order prohibiting the illegal practices or requiring certain action, and also may award restitution and rescission of contracts.

Where the FTC has chosen to exercise its enforcement power to attack predatory lending practices, it often has been very effective. The FTC Act’s ultimate effect on predatory lending is limited, however. The FTC Act does not authorize lawsuits by individual consumers; only the FTC (and other agencies, in the case of some banks) can pursue potential violations of the law. Enforcement is therefore constrained significantly by practical considerations facing the FTC or any other agency, including political pressure and scarce resources. Although the FTC may be able to use its limited resources to prosecute some egregious instances of predatory lending involving a widespread pattern of predatory practices, only a small fraction of individual victims obtains relief under the FTC Act, and the vast majority of predatory lenders escape its reach. Thus, a borrower like Mary would be unlikely to be the beneficiary of relief from the FTC unless Acme’s practices were sufficiently egregious that the company independently had come to the attention of the agency’s investigators, or sufficient numbers of complaints had already found their way to the FTC to warrant a decision by the Commission to invest the agency’s resources in an enforcement action. In practice, the FTC is simply not a reliable source of redress for the average abused borrower.

Proving that your lender has violated the laws is a complex process. It is best left to an experienced Draper Utah foreclosure lawyer.

Draper Utah Foreclosure Lawyer Free Consultation

When you need legal help from a Draper Utah Foreclosure Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-draper-utah/

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What Is The Difference Between Annulment and Legal Separation?

What Is The Difference Between Annulment and Legal Separation

A legal separation does not officially end a marriage. The parties are still legally married and cannot remarry or enter into domestic partnerships with others. Legal separation is a reasonable choice for couples who aren’t ready to get a divorce but who want to live separately and decide on issues such as custody and asset division. Some couples prefer legal separation to divorce if potential reconciliation could be in the future. Others avoid divorce for religious reasons or to retain benefits such as health insurance. During legal separation, you can ask a judge to decide on all the same issues as in a divorce, but you will still be legally married.

Different Types of Legal Separation

If two people are married, they can be considered separated. However, there is much confusion that is associated with this simple word, “separated.” Much of this confusion is due to the fact that there are four different types of separation:
• Trial separation: If a married couple decides to live separately (even if they are living in the same house) to see if they want to continue living separately, this is called a trial separation. If the couple decides not to reconcile, the assets they accumulate during the trial separation, as well as the debts they incur, are normally considered as jointly owned. Trial separations are generally not recognized by the law.
• Living apart: If two spouses no longer live in the same residence, they are living apart. Depending upon the state, living apart could impact your property rights. For states that consider living apart as the first part of a divorce, assets accrued and debts incurred by the individuals during this living apart phase could be classified as separate property and not marital property. However, other states still consider this property to be joint, marital property until a complaint seeking divorce is filed.
• Permanent separation: If a couple finally decides to split up for good, this is often called a permanent separation. In most states, all property received and most debts incurred during a permanent separation are considered the separate property of the spouse that is responsible for the property or debt. If debt is incurred for certain necessities, like providing for children, during a permanent separation, the debt will still be considered as joint property. Only if one spouse takes the other to court for support payments or custody will a separation be considered legal.

• Legal separation: The step beyond a permanent separation is legal separation. This occurs when a couple splits up and seeks a court issued judgment for a division of property, child custody, support payments, visitation rights, but not for divorce. If payments are ordered in a legal separation, either for child support or for living expenses, it is generally called separate maintenance. Some states allow separate maintenance to be ordered even if litigation is still pending. Separate maintenance is often the basis for future alimony awards after divorce proceedings.

Annulment In Utah

A legal annulment does not end a valid marriage, but rather declares that the marriage never existed in the first place. An annulment may be appropriate if something made the marriage invalid or never officially legal. For example, if one spouse was already married at the time of the second alleged marriage. The Utah courts may declare a marriage void and grant an annulment request if the spouses are under the age of 16 and lack parental consent, either party was under the influence at the time of marriage, either party was incurably impotent, or if either party entered into the marriage due to coercion or fraud. A conversation with you, your spouse, and a legal professional can help you choose between these three options. You may think you want a divorce to finalize the dissolution of marriage, when in reality a legal separation or annulment would be a better choice for your situation. Speak with a family law attorney for legal counsel before making your choice.

A legal separation is almost like a trial divorce. While it doesn’t permanently end the bond, it does allow you to live separately and divide money, property, and child custody. You aren’t, however, legally allowed to remarry or enter into a domestic partnership. If you’re legally separated, you have the option to amend the order in the future and get a legal divorce. Many couples opt to get a legal separation because their religion prevents them from getting a divorce. Unlike a divorce, which entails a six-month waiting period, legal separation is effective immediately. Annulments are particularly interesting because they’re filed on the grounds that the marriage wasn’t legally valid. There are several reasons where this could be the case:

• An incestuous marriage will never be considered valid.
• One partner was already married to someone else.
• One partner was under the age of 18 when married.
• Either partner was considered of “unsound mind.” This means one party didn’t understand the legal repercussions of marriage.
• A spouse was tricked into marriage by fraud, threat, or force.
• One spouse was incapable of consummating the marriage, which means he or she was physically incapacitated at the time.
Unlike divorce and separation, annulment requires you to prove one of these situations. Annulments are much more difficult to illustrate, and they require an experienced divorce attorney. Furthermore, there are strict statutes of limitations on annulments, too. Generally, it’s within four years of the marriage. An attorney can walk you through the specifics regarding your situation. If you’re granted an annulment, you can remarry or enter a domestic partnership, and you may divide custody and visitation rights. Unlike divorces and separations, annulments don’t usually allow you to divide property and money. Because you claim the marriage was never valid, you also give up your rights to shared property. An annulment does have residency requirements, though, so it may be right for you if you have been a resident of Utah for less than three months.

Divorces and annulments both have the same effect–they dissolve the marriage. However, they differ in how they treat the marriage. When people get a divorce, they’re still recognized as having been married previously. An annulment, on the other hand, treats the marriage as though it never existed — and in fact, the key distinction of an annulment is that the union wasn’t legal or legitimate to begin with. To help understand the difference between annulment and divorce, let’s look at two hypothetical situations. Let’s say, for example, Couple a discovered they no longer saw eye to eye after five years of marriage and decided they needed to call it quits. Depending on the marital property laws of their state, their combined assets and liabilities will be divided either equally or equitably; one spouse may pay alimony to the other; and child custody, support, and visitation will be determined. If the couple can’t agree on the terms of the divorce, it may be argued in court and decided by a judge. The union was valid when they obtained their marriage license, but now they wish to terminate the marriage. Meanwhile, Couple B settled down together and had what you would call a happy marriage. However, the wife discovered after a couple of years from a demand letter seeking support payments that her husband actually left his first family one year before she met him. She had no idea he was previously married, or that he had children. Since he misrepresented and/or concealed important information, she filed a petition for annulment in the court with evidence of his concealment or lie. The court agreed, declared the marriage null and void, and the two parties went their separate ways as if they were never married in the first place. If Couple B had children together, then the courts would still go through the child custody, visitation, and support process. The court would probably be more sympathetic to the mother in this scenario, given the father’s misrepresentation, as long as the focus is on the best interests of the children.
Civil Annulments
Annulments are a form of relief for people who were placed in situations in which they never should have been married. Because civil annulments treat the marriage as though it never existed, a person must have a pretty good reason to obtain one. Typically, one of the following requirements (or legal grounds) must be met to obtain an annulment vs. a divorce:
• Fraud or Misrepresentation – One of the spouses has lied about something, such as age or already being married.
• Concealment – One of the spouses hid a major fact, such as a felony conviction.
• Misunderstanding – For instance, one of the spouses does not want to have children.
• Impotency or Incest – One of the spouses is incurably impotent (and the other spouse didn’t know), or the spouses are too close in familial relation to marry.
• Lack of Consent – One party lacked mental capacity to consent or was forced into marriage.
These things are usually discovered early on in the marriage, so there typically is no need to divide property or decide on issues regarding children. However, most state laws do govern how to decide such issues should an annulment of a long-term marriage occurs. Check with your state’s laws regarding property division and child custody, visitation, and support. If you do have children from an annulled marriage, these children are not considered illegitimate.
Religious Annulments
The grounds for obtaining a religious annulment are different than those for a court-granted annulment. However, both types of annulments have essentially the same effect–the marriage is treated as though it never existed. In the Catholic Church, a diocesan tribunal, rather than a court of law, decides whether the marriage bond was less than a covenant for life, because it was lacking in some way from the very beginning. Either or both parties may obtain an annulment if they can show adequate grounds, such as a lack of maturity, honesty, or emotional stability. If the tribunal grants the annulment, then both parties may remarry in the Catholic Church. Like in the court of law, the legitimacy of the children of an annulled marriage is not questioned.

How to Be Eligible for an Annulment

While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment.
• Meet one of the legal grounds for annulment. Although the grounds vary from state to state, several reasons for annulment are common to all states. If a spouse did not have the legal capacity or the legal intent to enter into the marriage, an annulment is possible. Some common reasons that a spouse does not have the legal capacity to marry include a preexisting marriage, mental incapacity or being underage. Another reason is consanguinity, or a marriage between close relatives, which is illegal.
• Determine if you were married without the proper intent, as an alternative to lacking the capacity to marry. A person who marries under fraudulent circumstances or under duress lacks the proper intent to enter into a marriage. For example, a person with false identity commits fraud if he marries someone who has no knowledge of his true identity. Another example is a sham marriage, in which the parties marry to deceive a government or corporate entity. A marriage that has not been consummated by physical relations can be annulled in some states.
• Be the innocent spouse in your marriage in order to file for an annulment. In some states and under certain circumstances, the wrongdoer in a marriage cannot be the plaintiff in a lawsuit for annulment. For example, if a man forced you to marry him under duress, he cannot file for annulment himself. Or, if you were tricked into marrying someone but remained married after you learned the truth, you cannot file for an annulment in many states because your actions retroactively approved the marriage agreement.
• Meet the residency requirements for the county and state where you seek an annulment. Usually, you or your spouse must have lived in the county for at least 90 days prior to filing for an annulment. Many states require a much longer period of residency. A lawyer or other officer of the court can tell you if you meet the residency requirements.
• Meet your state’s statute of limitations for annulment. For example, you might have to file within 90 days of the wedding ceremony, depending on the reason you are filing. You can find out if your state requires you to file within a certain time frame by consulting a lawyer, or you can look up this information in your state’s code of laws. You can usually find the state code online by conducting an Internet search or in a public library.
Though no one ever plans on ending a marriage, the truth of the matter is that many do end in divorce. However, there are other options which can make this time even more confusing. Some people prefer to stay married but they legally separate while others want an annulment.

Annulment and Legal Separation Lawyer Free Consultation

If you’re not sure whether or not you want an annulment or a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Source: https://www.ascentlawfirm.com/what-is-the-difference-between-annulment-and-legal-separation/

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Thursday, 9 April 2020

ATV Accident Lawyer North Salt Lake Utah

ATV Accident Lawyer North Salt Lake Utah

North Salt Lake is a suburb of Salt Lake City with a population of 19,413. North Salt Lake is in Davis County and is one of the best places to live in Utah. Living in North Salt Lake offers residents a dense suburban feel and most residents own their homes. In North Salt Lake there are a lot of parks. Many families and young professionals live in North Salt Lake and residents tend to lean conservative. The public schools in North Salt Lake are highly rated. The City of North Salt Lake had a population of 22,191 as of July 1, 2019. North Salt Lake ranks in the upper quartile for Population Density and Diversity Index when compared to the other cities, towns and Census Designated Places (CDPs) in Utah.

The primary coordinate point for North Salt Lake is located at latitude 40.8486 and longitude -111.9069 in Davis County. The formal boundaries for the City of North Salt Lake encompass a land area of 8.55 sq. miles and a water area of 0.07 sq. miles. Davis County is in the Mountain time zone (GMT -7). The elevation is 4,337 feet. The City of North Salt Lake has a C1 Census Class Code which indicates an active incorporated place that does not serve as a county subdivision equivalent. It also has a Functional Status Code of “A” which identifies an active government providing primary general-purpose functions. Utah is one of 20 states where Census County Divisions (CCDs) are used for statistical tracking of subdivisions within each county. The City of North Salt Lake is located within South Davis Division of Davis County. Since the publication of the Jubilee Edition in 1996, technological advances have led to the widespread scanning and publishing of photographs, diaries and other personal histories. With this new technology, we hope to bring even more insight into the history of this area, now known as the City of North Salt Lake.

In 1930 most local residences and businesses were located below Highway 89/91. About sixty-five homes were on the hillside above. The main source of water was the natural springs that flowed out of the hillside. North Salt Lake took its name from the name of the small post office at the railroad tracks. The old Utah Highway Patrol weigh station was purchased and used as the first town hall. There was only one political party at that time, the North Salt Lake Citizens Party. In 1949 the first election was held, selecting Ray Hatch as mayor of the town. In 1958 a new municipal building was built on the corner of Main Street and Center Street. This building also housed a fire department for the town.

The Housing Affordability Index base is 100 and represents a balance point where a resident with a median household income can normally qualify to purchase a median price home. Values above 100 indicate increased affordability, while values below 100 indicate decreased affordability.
The Wealth Index is based on a number of indicators of affluence including average household income and average net worth, but it also includes the value of material possessions and resources. It represents the wealth of the area relative to the national level. Values above or below 100 represent above-average wealth or below-average wealth compared to the national level.

ATV Accidents

Driving recreational or all-terrain vehicles (ATVs) is a popular way to spend leisure time or a vacation. However, farmers and farm laborers use ATVs to maintain the farm. The fun, enjoyable nature of driving an ATV can mask the substantial risk of injury that may arise due to negligent driving. According to the United States Consumer Product Safety Commission, more than 150,000 people went to the ER for ATV-related injuries in 2007. Often the victims of ATV accidents are kids.

Do those that are hurt in an ATV accident have any recourse?

Most recreational vehicle accident cases turn on fault. The primary issue is who caused the accident. If someone other than the victim caused an ATV accident, the victim can sue on the grounds of negligence by showing that the defendant;
• Had a duty to the victim,
• breached the duty,
• the breach caused the accident, and
• the victim sustained losses and actual damages.
However, often more than one person is at fault for an accident. In those cases, the jury will allocate a percentage of faults to each party and apportion the damages accordingly. As with car accidents and truck accidents, an ATV accident victim may be able to recover medical expenses, lost income, psychological anguish, property repairs, and pain and suffering. Where the at-fault party is covered by insurance, the accident victim may be able to recover a significant settlement, but usually not without the help of a personal injury attorney that has the experience to know how much the case is likely worth. It is unfortunately common for those using ATVs for recreation to drive under the influence of drugs or alcohol, even though many states have made operating an ATV under the influence a criminal offense. If you are operating an ATV under the influence and get injured, it may be more difficult to obtain compensation from another party. However, if you are injured due to negligent actions an ATV driver who is operating under the influence, a criminal conviction for drunk driving can be powerful evidence in a civil personal injury lawsuit.

ATV Drivers That Cause An Accident

What if you were the operator of an ATV and are at fault for the accident?
One common reason people get in ATV accidents is a lack of appropriate training. Not understanding how the vehicle works on rough terrain, on hillsides or on paved roads can lead to a crash or rollover.

Similarly, many children to have accidents on ATVs that were intended to be driven by adults. In general, ATV engines that are 90cc and over are for children that are 16 or older. Children do not have the strength or experience to operate ATVs intended for adults. If your child is driving someone else’s ATV without adult supervision and gets injured, you may be able to secure a settlement with the ATV owner’s insurance company. Another common reason for ATV accidents is that the operator hauls a load or a passenger that exceeds manufacturer recommendations. Adding weight to the ATV makes it less maneuverable and increases the likelihood that it will roll over. Even if you are in a single-vehicle ATV accident, you may have recourse to recover compensation for your injuries in a product liability lawsuit. Sometimes an ATV accident that seems to be caused by operator error is actually caused by equipment failure, such as defective brakes or defective steering mechanisms, or even a defective helmet. In those cases, it may be appropriate to bring a suit against the manufacturer of the defective product. It is important to preserve the ATV and your helmet if you believe equipment failure might have been responsible for your injuries. These are pieces of evidence that may need to be examined by an expert. If the trail you were on while driving the ATV was damaged, a premises liability case may be appropriate.

How To Get My ATV License In North Salt Lake

There is no off-roading license needed to drive an ATV in Utah. A driver’s license will suffice. However, people from the ages of eight through 15 must acquire ATV certification to operate an ATV.

How To Register My ATV In North Salt Lake

Utah residents can register their ATV at the Utah Division of Motor Vehicles. If the ATV is used for agricultural purposes, owners of that type of ATV may apply for an Dzimplement of husbandrydz sticker instead of a registration decal. ATVs can also be registered as street legal after proof of insurance and an inspection.
How Old Do I Have To Be To Ride My ATV In North Salt Lake
No one under the age of eight can operate an ATV. Youth from ages eight to 15 must acquire an ATV education certificate before driving an ATV on public land. The certification simply requires the completion of an online education course by the Utah Division of Parks and Recreation.


There are 2,800 miles of off-roading trails in Utah. The public lands open to ATVing range from state parks to Bureau of Land Management areas.
Can I Legally Ride My ATV On The Street In North Salt Lake
ATVs are allowed street access in Utah. ATVs that are considered Type I or Utility Type Vehicle may be registered and inspected for use as a street legal ATV. The ATV must be 52 inches or less in width and have a weight of 1,500 pounds or less. For street legal ATVs, the driver must have insurance.

Can I Ride My ATV In North Salt Lake, If I’m Visiting From Another State?

Yes. A permit is required for nonresidents to operate an ATV in Utah. To obtain a permit, proof of out-of-state residency and proof of ownership is required. Get a permit at an authorized vendor or online. If an ATV is authorized as street legal in another state, then the ATV is street legal in Utah if it falls under the same measures that make a ATV street legal in Utah.

Safe and Dangerous Places in Salt Lake City

• Salt Lake City, Utah is known for its wide, clean downtown streets and friendly people, making it a great vacation destination for tourists. However, like all other major cities, there are some areas to avoid in Salt Lake City. Here are some of the safe and dangerous places in the Salt Lake City metropolitan area.

The University of Utah is considered one of the safe areas in Salt Lake City. Located on Salt Lake City’s east bench, this beautiful campus is surrounded by the downtown area and affluent neighborhoods. As with all areas of the city, the highest crime statistic for the University of Utah area is auto thefts; there were 72 in 2008. The city of Cottonwood Heights are located to the south and east of Salt Lake City. It offers a mix of middle to high income housing. Crime statistics for this area show an annual average of 27 for violent crimes and 605 for all property crimes. This makes Cottonwood Heights one of the safest places to live and visit in the Salt Lake Valley. Located to the south and west of Salt Lake City, West Jordan has a low crime rate. The city has an ethnically diverse population of 74,470 and a mix of low, middle, and high income areas. For the year 2003, there were 197 car thefts and 415 burglaries reported. A total of 2,620 property crimes were reported, but this includes all thefts and larcenies. Although some of these numbers appear high, given the size of the population, West Jordan is considered one of the safe areas in Salt Lake City. Located at the far south end of the Salt Lake Valley, Riverton is a small farming community that has benefited from new development in the last 10 years. It is a new, mixed income residential city. The city of Riverton reports its overall crime rate is less than half of the national average with a burglary risk of 7 percent of the national average and motor vehicle theft at 37 percent of the national average, which puts it near the top of any list of safe cities in America.

Areas to Avoid in Salt Lake City

The most frequently committed crimes in the Salt Lake City area are usually related to drugs and domestic violence. Domestic violence, gang activity and drug activity fuel assault rates. The drug rate fuels property crimes, including burglaries, thefts, and vehicle break-ins and thefts. These crimes are widespread throughout the Salt Lake area. Consequently, no area in North Salt Lake City should be considered completely safe. However, locations with the highest crime rates are dangerous places and areas to avoid in Salt Lake City. Located in the heart of downtown’s west side, and just blocks from homeless shelters, Pioneer Park has earned a dangerous reputation for drug traffic. Despite heavy police patrols, frequent police sweeps, security cameras, and frequent promises from the city leaders to clean up this park, it is still Utah’s one-stop drug shop. Add to that several high profile assaults and a homicide, and Pioneer Park ranks as one of Salt Lake City’s highest crime areas.

ATV Insurance in North Salt Lake

Your ATV represents a considerable recreation investment. And as you’re riding, the last thing you’ll want to wonder about is whether you have the right insurance coverage. With a customized All-Terrain Vehicle insurance policy, you can ride with confidence knowing that you’re properly insured. No matter what type of vehicle you have, whether you ride a 4-wheeler, dune buggy, or even a golf cart, you can get the ATV Insurance you want and the protection you deserve with specialized coverage options, including:

• Collision Coverage – for damage to your ATV from rocks, trees, and other obstacles or debris
• Comprehensive Coverage – as extra security for loss or damage from theft, fire, or vandalism
• Property Damage – to cover expenses to another person’s property for which you are liable
• Bodily Injury – that pays medical expenses to others if you’re held liable in an accident
• Uninsured Motorist – to protect you from loss or damage caused by uninsured and underinsured riders

North Salt Lake City Utah ATV Injury Lawyer Free Consultation

When you need legal help to recover compensation for your injuries in North Salt Lake City Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Source: https://www.ascentlawfirm.com/atv-accident-lawyer-north-salt-lake-utah/

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What Happens When You Go To Court For A DUI In Utah?

What Happens When You Go To Court For A DUI

When you appear for Court the first time that is called your initial appearance or Arraignment. You will likely be in a courtroom full of other people who have been arrested as well and are doing the same thing you are. Take some time to watch what the judge is saying to the other people when they talk – as you will probably get the same questions.

The procedure at an Arraignment is this:

• The judge calls your name, and you will walk to a podium right in front of the judge.
• The judge verifies that you are the person they called and that your name and address are correct in their file.
• The judge will read you the charges against you as well as the maximum possible sentence you could receive from those charges.
• The judge will ask if you have an attorney at that time or if you need some time to obtain one.
• The judge will then ask you for your plea – Guilty or Not Guilty to the charges.
• The judge will go over your bail conditions. Your monetary bail amount will likely stay the same, but the judge could add or remove any conditions of bail.

The above list of items is covered by the judge at the arraignment. Different judges may add a few other minor issues, but overall that is what you can expect.

Here’s the tip that will significantly increase your chances of getting a reduced plea. Always, always plead ‘Not Guilty’ to your charges. If you plead Guilty at the Arraignment – that is it. You will be sentence by the judge right there. You will not have any opportunity to weigh the evidence against you or put on a defense to the charges. It’s unlikely that you’ll be able to withdraw that guilty plea at a later time. If you plead guilty at Arraignment, you may be sent to jail right there, as a first time DUI charge carries a mandatory minimum 24 hour jail sentence. Depending on your criminal and substance abuse history, you could receive more jail time than the minimum 24 hours. Pleading ‘Not Guilty’ gives you time to discuss your case with an attorney. A good attorney will help you weigh the evidence to see if you can fight the charge or receive a plea agreement to a lesser charge. You can always decide to plead guilty later, but pleading Not Guilty at the Arraignment is the only way to buy yourself some time. If you plead Not Guilty, you will be released to go home after court. Your actual court time in front of the judge will range from 2-10 minutes. Having an attorney by your side will help ensure your protection. An attorney can make sure that the only thing you have to say at your Arraignment is, “Not guilty.”

DUI Court Procedure

Given the large number of DUI cases most court systems handle, many have a dedicated section of the criminal court system with separate court procedures for dispensing with DUI cases quickly and easily. This means that your DUI case will likely finish up more quickly, but it could also make it more difficult to know what to expect.

Court After a DUI Arrest

After your DUI arrest you’re probably worried about going to court. Being worried about going to court for your DUI case is normal. However, you have nothing to worry about with the right DUI attorney. In a misdemeanor DUI case the next stage is typically referred to as a “status conference”. A status conference is a chance for your DUI attorney to meet with the prosecutor and the judge. This is when they discuss your case. If there are any outstanding discovery issues these are typically discussed at this point. However, if discovery (meaning all of the evidence) is finished, then the prosecutor, the DUI attorney, and the judge will discuss a potential resolution of your case. This is what many people referred to as “working out a plea deal”. Many misdemeanor DUI cases are resolved a status conference. This is important to know because some lawyers in Tulsa will charge a very high fee, but claim that the fee includes a trial. This makes sense only if your case goes to trial. However, these attorneys are typically charging you for something they won’t give you. If an attorney quotes you a price that includes a “trial”, ask them to list their last five trials. Chances are they haven’t been to trial in a long time, but charge all their clients for the trial.

Preliminary Hearing

The next stage in a felony DUI case is the preliminary hearing. A preliminary hearing is a hearing where the prosecutor must prove that probable cause exists in your case. If they can’t do this, your case is over. If they do, your case is set for trial. Only the prosecutor is required to call witnesses and present evidence at the preliminary hearing. Like a misdemeanor DUI, a preliminary hearing is also a chance for the DUI attorney, the prosecutor, and the judge to discuss a possible resolution of the case without going to trial.

Allen Hearing

An Allen hearing is a formal discovery hearing. Both sides inquire and disclose whether or not they have completely turned over all evidence to each other as required in discovery. Not all cases require Allen hearings. In our client’s cases we request all evidence through the prosecutor by discovery, as well as Open Records Act requests and by issuing subpoenas. This may seem repetitive, but it’s the best way to make sure that we have all of the evidence in your case. It also helps us make sure the prosecutor isn’t trying to hide something.

Suppression Hearing

A suppression hearing is when the defense files a motion asking the judge to throw out evidence obtained by the police. There are a number of reasons why evidence is suppressed. The most common reasons are that the evidence was illegally obtained in violation of the Constitution.

Trial

The final stage of the initial criminal case is a trial. A trial can have a judge or a jury determines the outcome. You are entitled to a jury trial; however, sometimes both sides will agree to have a judge conduct the trial. A jury trial in a DUI case can be extremely complicated. Typically, there are law enforcement witnesses, civilian witnesses, and scientific evidence witnesses. The science in the DUI case can be extremely complicated and requires a thorough understanding in order to present and defend the case clearly to a jury. A confused jury is dangerous. As a result, you need a DUI attorney who can explain the complicated law and scientific evidence of the DUI to a jury. In the end the most important thing to have when you go to court is an experienced DUI attorney who knows how to get the best possible outcome for you in your case. Without a good lawyer, your case will not be thoroughly analyzed and have the right issues brought up in court to help you get your life back on track as soon as possible.

If you are arrested for drunken driving in any county in Utah. There are several things that are going to happen that will cost you money. If you are convicted of driving under the influence and you want to get your driving privileges back, things are going to get very expensive.

Court appearances, fines, and fees are just the beginning for convicted drunk drivers. There is also the expense of going to DUI School, getting evaluated for a drinking problem, getting treatment if you have a problem, paying higher insurance premiums and having an interlock device installed on your vehicle, in many states. The following sections outline in detail some of the things that will happen if you get a DUI. None of them are fun, and most are expensive.

Arrested and Booked

If you are arrested on suspicion of drunk driving, the first thing that will happen is you will be placed into a police vehicle and taken to the nearest police station or jail. There your photograph (mug shot) will be taken and you will be fingerprinted. In some states, you can be released immediately if someone comes to the jail and pays your bail and drives you home. Several states now have laws requiring you to be held for a period of time until you sober up.

Lose Your Driver’s License

In all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even in states that offer a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges are drastically curtailed. In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver’s license is suspended immediately, even before you go to court.

Pay a Fine

If you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. For example, if the property was damaged, someone was injured or a child was endangered as a result of your driving while drunk, the fines can be increased. In most states, you will also have to pay the court costs associated with your case.

Go to Jail

In a growing number of states, jail terms have become mandatory even for first-time drunk driving offenders. Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time. For repeat offenders, jail is mandatory in most states and the terms are longer than a couple of days. And again, if there are aggravating circumstances connected with your DUI case, the penalties can be increased.

Complete the Terms of Probation

Even if you are not sentenced to any jail time for your DUI conviction, you will probably be given a probation sentence, the terms of which are determined by the sentencing judge. If you fail to meet the terms of probation, you can be sent to jail, even if you are a high-profile Hollywood celebrity. Regardless of the terms, the probation sentence itself is another expense you will have to pay. Typically, this is a monthly fee you must pay for the cost of administering and supervising your probated sentence.

Go to Driving School

In almost all jurisdictions, if you want your driving privileges returned after a drunk driving conviction, you will have to complete an alcohol and drug education program, usually referred to as drunk driving school. These classes include hours of drunk driving prevention education and an assessment of your drinking habits. And there is a fee for attending these classes, another expense you must pay to get your driver’s license back.

Undergo Alcohol Evaluation

As part of the court-ordered alcohol education and assessment program mentioned above, a trained counselor will also evaluate your pattern of alcohol consumption to determine if you have an alcohol abuse disorder. Typically, the evaluator will ask you a series of questions about how alcohol affects your life. If the evaluation finds that your drinking rises to the level of alcohol abuse or dependence, you may also have to undergo a court-approved alcohol treatment program before you can get your driving privileges back.

Pay Higher Auto Insurance

In most states, if you get a drunk driving conviction, you will have to get a special insurance policy, known as SR-22 insurance, before you can drive a vehicle. The cost of SR-22 insurance, in states where it is required, can double or even triple your premiums. Usually, you will be required to carry this most expensive auto insurance for a period of three years.

Utah DUI Lawyer Free Consultation

When you need legal help with a DUI Charge in Utah, please call Ascent Law LLC (801) 676-5506 For Your Free Consultation. We want to help you.

Michael R. Anderson, JD

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

Source: https://www.ascentlawfirm.com/what-happens-when-you-go-to-court-for-a-dui-in-utah/

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