Vermont Divorce Attorney and Family Lawyer  | Kevin Volz | Rutland, Vermont
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The Volz Law Blog

Serving Vermont in Family Law, Personal Injury, and LGBT Law.

What Should I Do If I Get Pulled Over After Drinking?

Continuing from our previous discussion on maximizing defense options, if you were to drink a few shots of whiskey and then immediately go driving around for example, it has been found that those shots won’t hit your system for about 30 minutes.

[DISCLAIMER: YOUR MILAGE MAY VARY! DON’T TRY THIS AT HOME! OR ANYWHERE, FOR THAT MATTER!!! It is just an example.]    

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What Should I Do If I Get Arrested In Vermont? (Part II)

At this point the officer has to consciously choose to either arrest you or get a warrant or take a chance and hope they have enough evidence to proceed without your permission.  But remember, you should be polite and respectful the whole time, always addressing them as “officer” or “trooper” or whatever. They typically appreciate this and will address you with similar courtesy.

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What Should I Do If I Get Arrested In Vermont? (Part I)

First of all: Be polite.  The officer is doing the job we pay them to do.  Usually, they do it politely and professionally. Be nice to them and they will usually be nice to you.  The officer has a lot of discretion as his or her investigation unfolds, such as letting you go sooner rather than later, putting the cuffs on tightly or not, allowing you to go pee if you need to…  Also, if conditions require processing you, they often have the discretion to just issue you a flash citation (which just says that you must appear in court on a certain day) instead of taking you into custody, depending on the severity of the alleged crime.  They are also noting your behavior for the State in connection with a possible prosecution, and for the court. The latter can have a direct effect on the conditions of your release, possible bail requirements, and, ultimately, the case’s final disposition. Judges don’t like loudmouths that act like jerks when police are trying to do their job.

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Can I Still Drive After My License Gets Suspended for a DUI in Vermont?

If your license should be suspended due to a DUI, the law allows you to have a conditional license under certain circumstances. For most first DUIs, after 30 days suspension you can have a device installed in your vehicle called an ignition interlock RDL. With this device installed a person is able to drive pursuant to certain rules and conditions. By opting for this conditional license a first-time DUI driver is subject to a six-month regulated period (versus a straight up 90-day suspension, no conditional license).

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What Should You Do When Pulled Over in Vermont?

In the case of an investigative vehicular stop, the police must have a basis for pulling you over. Otherwise lawful checkpoints aside, they can’t just randomly stop you. We have probably all heard of someone being guilty of “driving while black.” Such profiling has been substantiated countless times. The expression could just as easily be, driving while young. These things still happen even though they are not supposed to. They are called pre-textual stops.

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What Should You Do When You Get a DUI in Vermont?

I just got a DUI in Vermont, what do I do?

This can be a very unnerving experience.  Most crimes get committed by, well, criminals.  There is a certain acceptance of the risk that comes along with that line of activity.  But DUIs can be gotten by otherwise model citizens. Alcohol, unlike most non-prescription drugs, is legal.  Law-abiding citizens regularly purchase and imbibe it. But drink a little more than you should, get in your car, and, bingo, you might find blue lights in your rear view mirror, see yourself being paraded on the street in front of your friends and neighbors, front and center in the middle of your own personal nightmare.

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How To Properly Prepare For Your Child Custody Case.

During the course of litigation, whether it is a divorce or parentage action or custody dispute or some other area of family law, I insist that my clients keep a journal and a calendar.   As things unfold in and out of court and weeks turn into months, it is imperative to capture your experiences in writing. No matter how fresh and unforgettable things may seem at the moment, with the passage of time – and it could be a year or more before some cases get to trial, even the best memory will fade and distort.  

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What Is The Process Of Filing For Divorce In Vermont?

First, the procedural stuff.  There is a summons, and then a complaint. These have to be served on the other party and filed with the family court, along with a fee. The summons essentially says, You’re being sued for divorce and you must provide an answer to the allegations in the complaint within a certain period of time. The complaint states, among other things, background information, such as the parties’ names, where they live, how long they lived in Vermont, whether they have any (minor) children together, and a basic outline of the couple’s debts and assets.

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How Is A Parent/Child Visitation Schedule Determined?

Once a determination has been made regarding parental rights and responsibilities the court (or the parties) must then decide the parent-child contact (aka, visitation) schedule.  The legislature informs us that maximum contact between the parents and the child is in the best interest of the child. This obviously assumes abuse is not an issue. And visitation is every bit as enforceable as a person’s custody award.  The person with custody has no right to tell the other what the schedule is going to be.

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How Much is My Ex-Spouse Entitled To After A Divorce?

I hear this a lot from clients who earn the majority of the income in a relationship.  They are confounded and perplexed to learn how much property and/or spousal support their soon-to-be ex partners are entitled to.

“I’m the one who went out to work every day,” I often hear.  “She got to stay home with the kids! I paid for everything. Why is she getting half my pension?!”

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How Does Child Support Work In Vermont?

After the parties agree to a parent-child contact schedule, or one is ordered by the court, the next thing to determine is the child support obligation. This undertaking is presided over by a special magistrate.  Each party is required to fill out and file a financial affidavit, a Form 813 in family court parlance.  This is a sworn document that lists all the parties’ incomes, debts, assets, bills and expenses.

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Do I Have To Prove Paternity as an Unmarried Couple in Vermont?

In order for the father’s rights and responsibilities to the children to be established, a paternity action must be filed in family court. This could be a mutual act, because the parties agree that they both want to remain in the children’s lives, or it could be by Dad, because he wants to establish his parental rights, or by Mom, because child support is not required until such an Order is instituted. 

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Who Receives Child Custody When An Unmarried Couple Breaks Up?

Couples that are not married and who go through a breakup face a unique challenge. They often have to deal with two different courts to handle their two different legal issues: kids and property.

Who receives custody of a child when the parents are not married?

Children born by the mother during a marriage are considered, under the law, to be the lawful children of both partners. This is true even if the father isn’t actually the biological parent. If the child is not his, it is his burden to prove it, should he want to, that the child is not his. This is typically accomplished through DNA testing.

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Do I Need a Lawyer in Vermont? Guide to Hiring a Lawyer.

As an experienced Vermont attorney, my standard response, whether you are thinking of retaining our firm or some other, is that you are wise to employ an attorney in virtually all legal proceedings.  If you are involved in any criminal defense case, you most certainly need a lawyer. This cannot be emphasized enough. As soon as you are the object of scrutiny, advise the officers that you appreciate that they are doing their jobs but that you want to consult with an attorney before speaking with them further. As to winning your defense case, this is very much a relative concept. Getting a case dismissed or our client acquitted is always a win.

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