FAQs

Frequently Asked Questions

What is a DWI/DUI?

A DWI or DUI charge may be a misdemeanor if it is based on a suspect driving, or operating or in being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, a narcotic drug, or a combination of any of the foregoing. Even use of prescription medications and over-the-counter drugs can result in a DWI/DUI offense if the medication or drug impairs the driver’s ability to operate the motor vehicle.

When Can the Police Do a Search Without a Warrant?

Generally the police must have special circumstances to have a right to do a search without a warrant. The special circumstances may include:

  • A search incident to an arrest, such as an inventory search
  • The existence of exigent circumstances such as an emergency or situation where the search must be conducted immediately in order to preserve evidence
  • Observation of an illegal substance in plain sight of the officer, such as a gun or drugs on the seat of a car stopped for a traffic offense
  • Other special situations and circumstances where the police must act immediately or risk not being able to act at all.

What is the difference between a divorce and a legal separation?

The short answer to this question is that a divorce includes a final, permanent division of the assets and liabilities of your marriage and a legal separation does not include a final, permanent division of the assets and liabilities. In a legal separation as well as a divorce there can be an order issued by the Court which will include child support, alimony, and the use of certain property and assets as well as the allocation between the parties of certain financial obligations to creditors. However, there is no dissolution of the marriage, therefore, during a legal separation, the parties are not allowed by law to “date” or permanently dispose of property that remains at issue within the marriage.

How are damages calculated in a personal injury case?

When you are involved in an accident and sustain a personal injury there are several different types of damages you may be eligible to recover. Damages occur when someone’s negligence or intentional actions result in injury or harm to someone else. You may be able to recover damages for such things as loss of ability to earn income, medical bills, property damage, pain and suffering and even the loss of the ability to enjoy life. Generally, damages are classified as compensatory or punitive. Compensatory damages are awarded to the plaintiff to reimburse him or her for the financial burden they incurred due to the defendant’s negligence or intentional harm. This means, if you are involved in an accident through no fault of your own you may be entitled to seek recovery for all of the financial loss and/or emotional duress you endured as a result of the accident.

Sources

University of Alabama School of Law
Alabama News
Selma-Times-Journal
State of Alabama Home Page
State Legal Forms

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