Note that a person can be charged with DUI even if they are not driving the car. Merely being in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more is enough to warrant a DUI charge. For example, if the vehicle was parked but running while the intoxicated individual was seated in the driver’s seat, they may be charged with an actual-physical-control DUI.
Additionally, be aware that underage drivers (under the age of 21) in Payson can be charged with underage DUI for having any detectable amount of alcohol in their system, even if it is below the standard .08% BAC. Furthermore, like many states, Arizona implements implied consent laws that require individuals to submit to a blood or breath test there is reason to believe they have alcohol or drugs in their system. Refusal to comply will result in a 1-year license suspension upon a first offense and a 2-year suspension for second and subsequent offenses on top of their standard DUI sentence.
Divorce Settlement Agreements in Payson
Divorces can be lengthy and consequential when they involve discussions of important assets like property division and child custody and support. Spouses who are on amicable terms may negotiate a settlement agreement on their own without going to trial If they both mutually agree to all the terms of separation. However, if they cannot reach an agreement on their own, they can pursue alternative dispute resolution methods like mediation before turning to litigation for the judge to make the final decision.
In most divorce cases, spouses will have to discuss how they will distribute their property and, if they have shared children, how they will split parenting time. Be aware that Arizona is a community property state, so any property held in common between the spouses will be divided 50/50 by the court if they do not propose an alternative agreement. Any property owned before the marriage, as well as gifts and inheritances received during the marriage by only one spouse, are considered separate property not subject to division if they haven't been comingled with the marital property.
Regarding child custody, Payson parents may receive both legal custody (decision-making authority) and physical custody (parenting time), or one or the other. When determining a custody arrangement, the judge will primarily examine the child’s best interests:
- the past, present, and potential future relationship between each parent and the child;
- each child’s relationship with their parents, siblings, and anyone else who may affect the child’s best interest;
- the child’s adjustment to home, school, and community;
- the child and parents’ mental and physical health;
- which parent is more likely to encourage a relationship between the child and the other parent;
- whether either parent has committed domestic violence or child abuse;
- whether either parent has intentionally misled the court to gain an advantage in the litigation or made a false report about child abuse or neglect;
- the child’s wishes, if they are of suitable age and maturity; and
- any other relevant factors.
Seek an Experienced Payson Attorney Today
The Law Office of Phil Hineman, P.C. has worked with Arizona clients for decades to navigate their legal issues. If you are currently embroiled in the Payson legal system, whether you have questions about bankruptcy, are facing criminal charges, or are dealing with divorce or custody concerns, speak with BV Distinguished Payson Attorney Phil Hineman for legal guidance. He can represent you in a Payson court and develop a strong case for your side.