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Statesville Legal Blog

Are police roadblocks illegal?

In some senses, it would seem that the Fourth Amendment makes it illegal for the police to use roadblocks. After all, you have a right to avoid searches and seizures without probable cause. Police need a warrant. In most cases, without that, if you are stopped by a police officer and you ask if you're free to go, he or she has to let you go.

Is a checkpoint or a roadblock any different? Yes, according to the U.S. Supreme Court. A roadblock is different.

Marriages and small businesses end for the same reasons

You may not think of your jointly-owned small business as a marriage, but, in many ways, that's exactly what it is.

Both you and your business partner are legally connected. Your future success is connected. You must work together for the long-term good of something -- the company -- that you share. You have to compromise frequently.

What are the Blue Ridge Parkway alcohol rules?

The alcohol rules on the Blue Ridge Parkway start the same as they are anywhere else in North Carolina. The blood alcohol concentration (BAC) limit is .08. Driving while impaired is illegal. Drivers must follow the speed limit, which maxes out at 45 mph on the Parkway, at all times.

Over the last year, this hasn't been happening as often as it should. The park rangers saw two of their vehicles wrecked in accidents, and they also made around 40 arrests for drunk driving.

What North Carolina drivers should know about license suspensions

Losing your ability to drive is a direct threat to your well-being. It can impact your ability to get to work, take your kids where they need to go and even take care of your basic needs, such as going to the grocery store. For North Carolina drivers, it may be beneficial to know grounds for license suspension and how to regain your right to drive.

There are different types of license suspensions, but no matter the details of your individual case, you have the right to fight to retain your driving privileges and minimize the potentially negative impact a suspension can have in other areas of your life.

8 goals for Medicaid planning

Are you starting to think about estate planning, Medicaid planning and long-term care? It's important to do as much planning in advance as you can.

To help you get started, take a look at these eight goals for the Medicaid planning process. It should:

  1. Consider the long-term needs of both spouses when planning is done for a couple.
  2. Help keep the couple from worrying about being impoverished.
  3. Help to preserve assets, not just for the couple but also for their dependents, if applicable.
  4. Look into all type of financial assistance to help in the process. After all, some reports show that staying in a nursing home costs around $40,000 per year.
  5. Give the couple a clear idea of the care that is needed and the financial options that exist.
  6. Help the couple consider the entire impact of the plan, from the immediate impact to what it means for heirs and their overall estate.
  7. Show the couple how the health care system works, with all of its pros and cons.
  8. Look into complex issues like tax implications at every level.

What are compensatory damages after a contract breach?

A breach of contract can be frustrating and expensive; for business owners, it can also have a ripple effect as it makes it impossible to fill orders, business is lost and the company's reputation suffers.

To make up for it, many people seek out compensatory damages after the breach. In fact, legal experts note that these damages are the single most common legal remedy that is sought. They help to even things out so that the job still gets done and does not cost the person any more than they originally intended and expected to pay. They still get what the contract promised, though other sources may be more expensive.

Is sharing prescription drugs still illegal?

You're not a drug dealer. You're not trying to make money buying and selling any types of drugs, from the illegal variety to prescription drugs. You've never even seen illegal drugs, much less used them or sold them.

You could still find yourself in trouble if you share prescription drugs. Money isn't all that matters. A sale doesn't have to take place for the transaction to be illegal.

Speaking up to invoke your right to remain silent

For whatever reason, there may come a time when you come into contact with law enforcement. After some initial questioning and investigation, an officer may place you under arrest. At the very least, movies and television taught you that the officer must read you your Miranda Rights.

The problem is that even as the officer reads your rights to you, he or she more than likely will not take the time to explain to you what that really means. Simply staying quiet and not talking is not enough to invoke your right to remain silent.

Tattooed 'Do Not Resuscitate' doesn't count

People who do not want to go on life support often use a "Do Not Resuscitate" order as part of their end-of-life planning. If they pass away, it instructs doctors to just let them go, rather than fighting to bring them back.

People have many reasons for using these orders. Some just believe it's their time. Others are worried about lasting physical or mental issues after a near-death experience and don't want to be brought back just to live like that.

Operation Safe Streets targets drunk drivers before they drive

Police in Mecklenburg County, North Carolina, have been running Operation Safe Streets as a way to combat drunk driving. Ideally, though, it won't even lead to any arrests.

Instead, police look to preempt drunk driving. They go to places where people who are intoxicated may be thinking about driving, like the parking lot at a bar. When they see someone who looks drunk, they come up and talk to him or her before that person enters a vehicle.

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