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Can I get my field sobriety test thrown out as evidence?

On behalf of The Law Office Of James M. Burns on Friday, June 15, 2018.

Imagine you got pulled over by a police officer while driving home from work late on a Friday evening. Although you haven't had anything to drink, the officer asks you to get out of the car and blow in his Breathalyzer device. You pass the breath test with flying colors, but the officer still wants you to perform a field sobriety test.

At first, you weren't worried because you know you were sober, but it was late, you were tired after a long day of work, and the field sobriety test was a lot harder than you thought it would be. The next thing you know, the officer is putting the cuffs on you and reciting your Miranda rights. The officer says you're being arrested for driving under the influence.

3 ways to look for hidden assets during divorce

On behalf of The Law Office Of James M. Burns posted in blog on Tuesday, March 20, 2018.

You chose to get a divorce recently, and you know that you need to detail your assets for your attorney. Your spouse already left the home, so you're not sure of what he took with him. You need to make sure you remember as much as you can in case he's not honest, which you think you may have to worry about.

Fortunately, there are a few things you can do to make sure you find as many assets as possible. While it's not always easy to find everything, working with a professional can help you find out new ways to look for missing or hidden assets. Before that, take a look at these ideas to find assets you may not know about.

3 common types of white collar crime

On behalf of The Law Office Of James M. Burns posted in blog on Tuesday, December 19, 2017.

The scope of white collar crime is broad and inventive individuals are creating new forms of white collar crime on a daily basis. However, in the vast majority of cases, these crimes happen through deceit that leads to someone's financial enrichment.

If you've been accused of a white collar crime, you may want to aggressively defend yourself against the charges to reduce the chances of conviction and/or the severity of punishments.

Supreme Court weighs in on division of military benefits

On behalf of The Law Office Of James M. Burns posted in Military divorce on Tuesday, September 26, 2017.

The military offers gold-plated benefits tied to the sacrifices of frequent relocation and deployments served far from family. In divorce, these benefits are a common point of contention.

What portion of retirement benefits is each spouse entitled to? Is an ex-spouse guaranteed to receive an offset if retirement benefits are waived? These military divorce questions involve federal and state laws.

Are drunk driving checkpoints legally justified?

On behalf of The Law Office Of James M. Burns posted in blog on Wednesday, September 20, 2017.

In the state of Florida, police frequently set up drunk driving checkpoints where they randomly stop drivers to determine if they might be too drunk to drive.

These checkpoints have caught many intoxicated drivers. However, some opponents to the use of DUI checkpoints claim that they are a violation of privacy and unlawful. So the question is, what's the legal justification for drunk driving checkpoints?

Consider this when making your Florida parenting plan

On behalf of The Law Office Of James M. Burns posted in blog on Friday, July 28, 2017.

If you and your ex-spouse can work together and come to peaceful agreement on important issues, you could be excellent candidates for shared 50-50 parenting plan arrangements.

These days, Florida courts are eager to support parents in creating 50-50 plan arrangements so that their children can benefit from spending as much time as possible with both parents.

Build a strong strategy to divorce with confidence

On behalf of The Law Office Of James M. Burns posted in blog on Friday, June 30, 2017.

When divorce comes knocking, it affects every area of your life. For those already well established in their careers and well into saving for retirement and other investments, the process can prove quite complex.

Still, if you know that it's time to end the relationship, you deserve a fair resolution to the matter, not a trip to the cleaners. If you are the primary breadwinner in your marriage, you stand to lose a great deal without proper legal guidance to protect your rights and interests.

What is an aggravated DUI?

On behalf of The Law Office Of James M. Burns posted in dui on Monday, June 26, 2017.

Florida drunk driving laws and penalties are severe enough as they are, but if you get convicted of aggravated DUI, the penalties are even higher. An aggravated DUI charge usually does not happen unless there are certain "aggravating factors" present.

Perhaps you were driving home from a late night at work when a police officer pulled you over for speeding. You were tired, your eyes were bloodshot from looking at a computer all day and the officer mistook these as signs of intoxication. Next thing you know, you're being arrested for not the usual DUI, but for aggravated DUI.

How high school reenactments can teach valuable DUI lessons

On behalf of The Law Office Of James M. Burns posted in white collar crimes on Wednesday, June 7, 2017.

For our source article today, we chose a random DUI reenactment story from a high school outside of the state of Florida. The location isn't particularly important, nor is the content of the reenactment all that illuminating to most people who aren't teenagers. However, the trend of these reenactments is the real point of this post. You can search Google right now and find hundreds of stories about DUI reenactments on high school campuses.

The intent of these performances is to shock teenagers into understanding the terrible impact drunk driving can have on their lives and the lives of others. In many cases, it appears these reenactments fulfill that intent -- they make teenagers see DUIs as the danger they truly are.

Don't sit in your car if you're too drunk to drive

On behalf of The Law Office Of James M. Burns posted in blog on Monday, June 5, 2017.

A lot of Florida drivers do not know that they don't have to be driving their vehicles to get charged with a DUI. In fact, if you're merely sitting in your vehicle, and parked on the side of the road without moving, you could be cited with a DUI violation if police suspect you are intoxicated.

Many drivers, for example, believe that they are being responsible by stopping and pulling over when they realize that they are too drunk to drive. Of course, this is one of the most responsible actions that anyone can take if he or she is too intoxicated to drive. However, the next course of action should be to exit your vehicle and call a taxi to take you home.

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