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Los Angeles Area Law Blog

A California DUI can cause a life-changing conviction

Getting arrested for a DUI is a big deal, no matter where you are. California is particularly harsh on drunk or impaired drivers, though. It has some of the most stringent impaired driving laws in the entire United States.

In California, a first-offense DUI could lead to close to $2,000 in fines and the loss of a license. It can lead to jail time and force those convicted to enter into three-month alcohol education programs.

Caring for a child with ongoing medical needs after divorce

If you're divorcing and you have a child with a medical condition that requires regular treatment, therapy and/or medication, it's essential for you and your co-parent to work to ensure that your child's care doesn't suffer as you share custody.

Of course, ensuring that your child's health insurance coverage continues uninterrupted is crucial. You and your co-parent need to work out which one of you will carry your child on your insurance plan. If you both have employer-sponsored health insurance, you may opt to both include your child on your plans for optimal coverage.

Introducing children to new partners after divorce

You and your spouse agreed that a divorce was the right solution to your marital problems, but there was another issue to deal with — your children. You both want to be an active part of their lives, and they, being old enough to grasp what's happening, even agree that this is the right thing to do. While this might seem like the best possible outcome, you know that the future isn't going to be pleasant all the time.

One thing you and your current spouse can't agree on is if or when the children should be exposed to new partners after your divorce. You would like it if they could meet people you're seeing after you're in a committed relationship. Your spouse thinks you should wait to introduce anyone new until the children are older and less likely to be influenced by the revelation that their mom or dad has a new partner. Unless you move in together, there's no reason, in their opinion, to shake up the children's lives.

What is constructive discharge?

You weren't fired, but your boss or others at work made your life so miserable that you felt you had no choice but to quit your job. Can you take legal action against your employer since technically you voluntarily left? You may be able to if you can show that what happened to you was "constructive discharge."

What is that? Some 25 years ago, in a suit brought against Anheuser-Busch, the California Supreme Court determined that constructive discharge "occurs when the employer's conduct effectively forces an employee to resign" due to intolerable conditions.

Keys to effectively negotiate your parenting plan

You and your co-parent have agreed to share custody of your children. Now you need to work out the specifics of your parenting plan. This can be a challenge -- particularly if the two of you still have some residual anger and distrust. However, a solid parenting plan will help you both be better parents -- which is what's in your children's best interests.

It may be tempting to leave things you can't agree on out of the plan and deal with them when the time comes. However, this is only going to cause conflict and confusion later. It's typically better to have a detailed plan in place that you can both refer to and that your kids can count on.

New law helps protect sexual harassment reporters from lawsuits

The new year has brought more than one new California law that was helped along by the momentum of the #MeToo movement. The movement received notoriety largely because of well-known actresses who shared their stories of harassment and abuse. However, activists have focused on sexual assault, abuse and misconduct in all industries.

One of the new laws protects people who bring good faith accusations of inappropriate behavior from being sued for defamation. It also offers protections for employers who tell prospective employers checking someone's references that the person was accused of sexual harassment in the workplace. Specifically, it allows the disclosure "without malice [of] whether the employer would rehire an employee and whether or not a decision to not rehire is based on the employer's determination that the former employee engaged in sexual harassment."

New law expands ignition interlock device requirements statewide

Among the new state laws taking effect on New Year's Day is one that could impact many Californians whose New Year's Eve festivities include a couple (or more) glasses of champagne.

Beginning on Jan. 1, anyone convicted of a second or subsequent DUI will be required to have an ignition interlock device (IID) installed in their vehicles. Drivers convicted of their first DUI will have to install one if that DUI resulted in an injury.

Use a property division checklist to help with asset division

When you tie the knot, it typically leads to the commingling of assets. From homes to cars, from furniture to electronics, you make a variety of purchases as a couple.

While there's nothing wrong with this, all of these assets will come into play if you decide to divorce.

California man arrested for DUI had car on 'Autopilot'

Cars that you can place in "Autopilot" mode to essentially drive themselves are now a reality. While they aren't common on California freeways just yet, you may have shared the road with one without realizing it. Tesla is one car manufacturer that makes vehicles with this feature.

Having a car that you can program to drive itself, however, does not make driving under the influence legal. Late last month, California Highway Patrol (CHP) officers arrested a man in Palo Alto (interesting, the city where Tesla is headquartered) for DUI. When the driver didn't stop for officers as he traveled south on Highway 101 at about 3:30 a.m., they followed him.

10 factors that affect custody and parenting plans

You and your significant other never got married, but you did have two children together. Now that you've decided to end your relationship, you want to make sure that you still get to see the kids. You don't want to lose that access.

This could lead to the creation of a legal custody and parenting plan, which you both need to follow after it gets authorized by the court. The plan explains both your rights and your obligations. It sets apart time for each of you to spend with the children. It determines where they live. In essence, it sets up your roles as parents even when you are no longer together.

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Mohajer Law Firm, APC

Mohajer Law Firm, APC
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