Penalties For Drink Driving

Penalties For Drink Driving

Drink driving is a serious offence in Western Australia, and the penalties are significant if you’re caught with a blood alcohol level higher than the legal limit. Unfortunately, a lot of people don’t realise how much they will suffer if they get caught drink driving, and they do it anyway. Aside from putting themselves and other road users at risk, most drink drivers get caught eventually – it’s not worth taking the risk!

If you’ve been caught driving under the influence, you might find that you’ve had your drivers licence suspended or disqualified. There’s little you can do when this happens, but it’s worth speaking to a criminal lawyer to discuss your options.

What Are The Penalties For Drink Driving In WA?

The penalties for drink driving in Western Australia vary according to the level of the offence. These are outlined briefly below:

First time offenders

First time offenders will be issued with an infringement if their blood alcohol content (BAC) is between 0.05 and 0.08, or between 0 and 0.02 for drivers who have a zero limit. For drivers with a zero limit, a BAC between 0.02 and 0.05 will result in a $100 fine and a loss of three demerits. For drivers with a normal licence, the penalties are:

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Do Drug Possession Charges Go On Your Record?

Do Drug Possession Charges Go On Your Record?

Although many ‘party’ or ‘recreational’ drugs may seem relatively harmless and fun to use, the fact remains that they are seen as highly illegal throughout Australia. Popular drugs such as cannabis or cocaine are widely used throughout Australia, but many people don’t seem to realise just how much trouble they can get into if they are caught with them.

If you do get caught with illicit drugs, you could be facing a significant amount of time in jail, along with a criminal record and financial penalties. It’s always worth consulting with criminal lawyers if you’re facing drugs charges to determine the best way to minimise the consequences and reduce the impact the charges have on your future.

What Are The Penalties For Drug Possession?

It’s important to note that the exact penalties for drug possession in Australia vary by state. In Western Australia (WA), a person convicted of drug possession faces a maximum $2000 fine and 2 years in prison. However, these maximum penalties aren’t always applied, and it’s common to get off with no or minimal jail time.

However, if you are caught with a significant amount of any drug, you might be facing supply and distribution charges, even if you had it purely for personal use. The penalties for supply are significant, ranging up to $100000 and 25 years imprisonment. Again, these penalties are often reserved for the worst offenders, but it’s simply not worth the risk.

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How To Protect Yourself When Starting Your Own Business

How To Protect Yourself When Starting Your Own Business

Starting a new business can be difficult, especially if you don’t have a business background. There are various things that you can do to protect yourself and your business if things don’t work out exactly the way they should, including separating your personal assets from your business ones.

In this article we’ll have a look at a few of the simplest ways to protect yourself and your new business with lawyer when negotiating important things such as a new business lease. However, it’s important to realise that the tips listed below are to be used for general guidance only – you should always speak to a good commercial lawyer such as Fletcher Law before making major business decisions that could have long term consequences.

With this in mind, here’s a few ways that you can look after yourself when you start a business:

  1. Make Sure You Have A Partnership Agreement

If you’re planning on working alone, you don’t have to worry about this. However, if you’re planning on working with one or more business partners, you need to make sure that you put a high quality partnership agreement together.

A partnership agreement should always be drafted with the aid of a decent lawyer. It should include a range of points indicating the assets and responsibilities of each of the partners. Make sure that it specifies the assets and contributions of each partner to the startup, and make sure it touches in what happens if the business fails.

  1. Get To Know A Good Lawyer

Lawyers are expensive, sure. However, if you’re planning on starting a successful business, you will probably need to deal with them from time to time. It’s a good idea to get to know a good commercial lawyer early on so that you can call on them if you have any problems during the general running of your business.

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Divorce: 4 Important Things to Consider Before Saying, I Don’t

Divorce: 4 Important Things to Consider Before Saying, I Don’t

Today we live in a disposable world with very few things remaining that can’t be switched out for something new or different.  Abandoning a marriage and hiring a family lawyer has become much too easy.  Even if you have felt for a long time that there is no hope left in your marriage, there may be a variety of worthwhile options to consider before “pulling the plug”.  Presumably, careful consideration went into your decision to marry in the first place, make sure an equal amount of thought and deliberation go into the decision to end it.

Mediation to Save A Marriage

Typically mediation is used to bring parties to a resolution when a relationship is ending, or a contract has gone horribly wrong and the parties want to avoid a protracted battle in court.  However, the basics of mediation are very useful for situations where the parties want to remain together.

First, what is mediation?  This is a process where the two “opposing sides” bring in a neutral, skilled third party that will help the two sides work out their differences and come to a mutually agreeable understanding.

Lawyers Perth advise that using mediation to stay married is a fantastic way to iron out some of the issues and problems that have brought the couple to the brink of divorce.  Just like other forms of mediation a skilled neutral party is engaged to identify each spouses goals, desires, gripes, and concerns and then to “drill down” and explore what situation the couple could create to resolve those differences and recommit to the relationship.

Marriages are fraught with loaded phrases and emotionally triggering language.  “She wants to control everything I do” or “He is the least romantic person in the world” are phrases that while possibly accurate, aren’t helpful to ultimately resolving the core problems in a marriage.  The mediators job is to assist the couple in moving away from these types of charged expressions  and actually “operationalize”  with a high degree of accuracy what each spouse could agree to in order to meet the other’s needs.

Postnuptial Agreements

What is a post nuptial agreement?  It’s simply a contract entered into by the two spouses after the marriage begins that governs some or all of the terms of the marriage.  Most people are familiar with its cousin, a prenuptial agreement, but the postnuptial is a tool that can be used effectively to help a couple resolve some of the problems that may have cropped up after they were first married and have brought them to the brink of divorce.

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Protecting Your Company From Ransomware Using Law and Technology

Protecting Your Company From Ransomware Using Law and Technology

First, it’s important to understand what “ransomware” is.  Ransomware is computer malware (a malicious program) that installs secretly on a person’s computer, executes a cryptovirology attack (installs a virus) that harms the computer or data on the computer, and demands a ransom payment to restore it.  More advanced programs actually encrypt the victim’s files which make the unreadable and also demands payment to decrypt them.

The history of ransomware started around 2005 with the first know attack using a program called “Gpcoder”.  Since them, the use of ransomware has increased exponentially.

What is the best way to defend against a ransomware attack?

  • Prepare in advance
  • Run the appropriate anti-virus software on all critical systems
  • Ensure that data is backed up onto computers not connected to your critical systems

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Understanding Child Support

Understanding Child Support

In 2008 the law regarding child support calculations in Georgia underwent a radical change, as family lawyers will tell you. Prior to the 2008 changes you stood a fairly good shot of being able to figure out your child support obligation on the back of a napkin. Today the Georgia courts use an income sharing approach to determine child support payments.

A large number of factors are considered in making a child support determination. To make the calculations you are going to need your laptop loaded with Excel, a copy of the Official Code of Georgia, and arguably a law degree to make sure that the calculations are done in your best interest.

Naturally as attorneys, we are all ecstatic that what was once so clear is now hidden in algorithims so deep it’s clear that no one in the Georgia Legislature actually understood the math before they passed the law. That’s an issue you can take up with your local representative at a future date.

At the moment you will need a law firm that is familiar with the new system of calculations and how each judge applies them.

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Is Alimony Still a Thing?

Is Alimony Still a Thing?

There have been significant changes in the law since the 1970′s when courts routinely awarded one spouse periodic alimony payments that amounted to transfer payments of nearly half the payer’s future income. Although this type of award is not generally very common today the reason for this is more a matter of policy than law.

As more couples hold down full time jobs the perceived need for alimony payments has diminished in some judges eyes. However, alimony is a big factor in many divorce proceedings especially where there is a significant income disparity between spouses or where children are involved.

In Georgia, child support is a form of Alimony. Smith v. Smith, 254 Ga. 450, 451 (330 SE2d 706) (1985). For this reason the trial court is vested with significant powers governing awards of alimony.

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How To Choose The Right Financial Planner For Your Business

How To Choose The Right Financial Planner For Your Business

If you have decided that you are going to employ the services of a financial planner to help your business then your wise decision has already put you one step ahead of most of your competition. Financial planning is vital for all businesses whether they are large or small, but how exactly do you choose which financial planner to use, and what should you be looking for when choosing one.

The first and easiest way to find a tried and tested financial planner is to ask your business contacts for referrals. Within your local business organisations or networking groups, there are bound to be other business owners who have used financial planning services in the past. Enquire in what circumstances they decided to use a financial planner, and most importantly ask how much of a positive impact they had on their business.

The second place to look is professional bodies that competent financial planners might belong to. The Association of Financial Planners is one such body, as is the Financial Planning Association. Any financial planner who is a member of these organisations or other professional bodies is not likely to do so, nor remain a member for long, unless they have a large portfolio of satisfied clients.

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What To Be Careful Of When Leasing Commercial Office Space

What To Be Careful Of When Leasing Commercial Office Space

Leasing a commercial office building or space can be exciting, especially if you’re trying to build a new business. However, there are a lot of things that can go wrong when you’re leasing real estate for your business, and it’s important to make sure that you think things through properly to make sure that you don’t make a decision that you will regret in the future.

If you’re considering signing a long-term contract that’s worth a lot of money, you should consult with a decent commercial lawyer who will be able to help you make informed decisions. With this in mind, we’ve put together a short list of a few things that you should always be careful of when leasing a new commercial office space.

  1. Watch Out For Loopholes In The Contract

Before signing any significant commercial lease, it’s extremely important to make sure that you read through the entire document completely. Make sure that you pay particular attention to the fine print, otherwise you might miss something important.

It’s even a good idea to go over a prospective lease with a commercial lawyer before you sign it to make sure that everything is in order. An experienced lawyer will be able to identify potential problems and modifications that need to be made before you sign the lease.

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Is Putting Your Kids First Placing Them on the Front-Line?

Is Putting Your Kids First Placing Them on the Front-Line?

Obviously, that is one of a parent’s greatest fears. When a Divorce involves children, likely the most important issue is the custody of the children.

The hope is that the divorcing parents can reach a resolution that is in the best interests of their children. Often, however, parents can have dramatically different ideas as to the appropriate arrangements for the children. In such a case, where both parties sincerely have the best interest of their children at heart, a divorcing spouse should consider being sensitive to the wishes of the objecting spouse for the sake of their children.

Sometimes however, rather than a failure to see eye to eye on a particular issue, one parent is well, a hot mess, and the need to protect your child or children from further influence by the offending parent is to zealously fight to limit access the offending party’s access to your children.

Each family is different and the challenges each parent faces are unique. The resolution of child custody disputes is often complicated and the details can be very important in how your children transition through this very difficult time in their lives. Our firm has experienced and knowledgeable attorneys who can assist you resolve child custody disputes.

With more than 20 years of combined experience, the attorneys of The Law Offices of Martin M. del Mazo have helped parents find a solution to this difficult issue. We will help you find the resolution that is in the best interests of both you and your children.

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