Christina Rivenbark & Associates

Wilmington North Carolina Law Blog

You can defend against pending North Carolina traffic citations

When people think about their right to a defense, they usually think about serious crimes, not traffic violations. However, although traffic violations only result in a citation or ticket, you still have the legal right to defend yourself against one. In some cases, defending against a pending citation or ticket is the best option.

Depending on the nature of the citation, traffic tickets can cost anywhere from a few dozen to a few hundred dollars. They can also have an impact on your career and your finances that last well beyond when the fine is paid. The more serious the traffic offense, the more reason you have to consider developing a defense and heading to court.

The 2018 race to get divorced

For many couples in North Carolina, the holidays can be a stressful time of year, especially when they are experiencing marital challenges. It is a known fact that often people choose to try and hold their marriages together during the holidays in part to try one last time to salvage their families and in part to avoid adding the stress of a divorce to an already tough time. This year, however, the opposite may be true and people who believe their marriages are over might actually work hard to complete their divorces as fast as they can.

Bloomberg reports that this shift is due to the changes that are afoot regarding alimony payments and taxes thanks to the Tax Cuts and Jobs Act that will take full effect on January 1, 2018. Starting with the change of year, when a person is ordered to pay spousal support after a divorce, that same person will have to pay income tax on the money they hand over to their ex. This has not been the case for some 70 years.

Drive safe this Halloween

Come October 31st in North Carolina, kids are excited about Halloween, between dressing up and going trick-or-treating for candy. However, this time of the year can be extremely dangerous for children as there is an increase of pedestrian accidents and deaths. Parents should educate their little ones about safety precautions, and motorists need to be more aware and vigilant while on the road.

According to the National Safety Council, on Halloween children are fatally killed by cars more than twice as much as during other days of the year. Parents and children can do a number of things to prevent this from happening. One is to make sure costumes do not block the ability of children to see around them. Masks and hoods are especially dangerous, but things like oversized wings can also be visually obstructive. If kids will be out at dusk or dark, make sure there is something reflective on their costume or that they carry some type of light so others can see them. They should also only walk in areas that have adequate lighting and only on sidewalks.

Auto accidents involving infants and young children

Car crashes happen for many reasons and they can upend the lives of people from various walks of life. Some, however, are especially concerning, such as those which involve young kids and infants. There are a number of factors for parents to keep in mind, from keeping their kids safe in the car to holding a careless driver responsible for an accident that has left their child injured. Sadly, accidents have shattered the lives of many children and their entire families.

If your child is required to use a car seat, you should make sure that they are restrained appropriately. Not only should they have a proper car seat, but they should be using it correctly also. Sometimes, kids like to get out of their seats even though they are not supposed to, and this can be incredibly dangerous. Moreover, some children may distract the driver, which can increase the chances of a wreck. These behaviors should be addressed immediately, and parents should make sure that their kids are not increasing the likelihood of an accident.

Remembering the legal limit during Halloween

There are times when the chances of someone driving drunk may be higher, such as special occasions and holidays. With Halloween coming soon, some drivers will be pulled over and charged with driving under the influence. There are a number of things to keep in mind with respect to DUI charges and Halloween. For starters, it is a good idea to be mindful of how much you drink and avoid getting behind the wheel if your blood alcohol content level surpasses the legal limit.

Drunk driving during Halloween can be tricky because some people have a mixed drink or two at a friend’s house or family function. Knowing the alcohol content in these drinks can be tough and some people may get in their car after having a couple of drinks without knowing they are over the legal limit. When someone is pulled over for DUI, it can do far more than ruin their Halloween celebrations. Unfortunately, these charges can result in time behind bars, the loss of driving privileges and career problems, to name a few consequences.

Driving on unfamiliar roads at night

There are many hazards associated with driving, such as fall asleep while behind the wheel or encountering a drunk driver on the road. Sometimes, it can be even more dangerous to operate a vehicle, such as driving on roads that you are not familiar with. Moreover, driving can be even more difficult under these circumstances during the night. For example, you may be returning home from a road trip and find yourself in a city you have never been too before, resulting in an increased accident risk. There are multiple reasons why this may be even more difficult if you are driving home at night.

First of all, those who are not familiar with certain roads may become distracted while using their GPS or trying to read a map or look for signs. Moreover, drivers may be distracted by certain landmarks they have never seen before, or they may be more likely to collide with another vehicle because they lack familiarity with the roads and are not aware of particularly dangerous spots. At night, all of these problems can become magnified for a number of reasons. Not only do many drivers become fatigued, but it can be even harder to find the right roads when visibility is poor.

Looking into the consequences of back child support

Those who end their marriage may run into a number of hurdles during and after the divorce process. Aside from strong emotions and legal issues involving their kids, such as custody, the financial impact of a divorce can also affect people years later. For example, child support payments can create challenges for custodial and non-custodial parents alike, and it is pivotal for parents to handle these difficulties appropriately. In this post, we will look over some of the consequences that parents may face when they fall behind on their child support.

For starters, unpaid child support can create anxiety for both parents and kids as well. A non-custodial parent who misses payments may have his or her tax refund intercepted or wages garnished, or they could even be taken into custody. Moreover, irreparable damage to one's reputation is another concern and people who owe enough back child support are not even able to obtain a passport in the U.S., which could interrupt their travel plans if they wanted to leave the country for business or to take a vacation.

Can you keep your ex-spouse from moving away with your kids?

One of the great challenges that you may face following your divorce is maintaining a strong relationship with your children. When you and your ex-spouse share custody (or he or she has sole custody of the kids), your lack of constant access to them can no doubt have an impact on the bond you share. This is true even if they simply live in another home in Wilmington; imagine, then, how much more strained your relationship can become if your ex-spouse chooses to relocate to another city (or another state). Is there anything you can do to prevent this from happening? 

North Carolina has no official statute that deals with parental relocation. However, you do have some legal options you can pursue if your ex-spouse seems intent on leaving (even without your consent). You can petition to modify your custody agreement, which could potentially halt a move until a ruling on your case can be made. 

The risks of driving on a suspended license in North Carolina

In many ways, motor vehicles have become a necessity of modern life. The average adult likely requires their own vehicle to get to and from work, perform daily chores, such as shopping, and even maintain a healthy social life.

Losing your license can leave you in a precarious position, where you depend on taxis, paid ride apps or public transportation. Unfortunately, none of these systems are completely reliable, leaving you at risk for chronic tardiness and developing a reputation as someone who can't show up on time. That could affect both your social life and your career.

Driving a work vehicle while intoxicated

Often, when people think about drunk drivers they may picture someone who is leaving a bar or getting in the car after drinking too much at home or at a friend or family member’s house. However, there are many different scenarios which involve drunk driving and some occur in the workplace. For example, someone may be pulled over by a law enforcement official and charged with drunk driving while they are operating a company vehicle and performing their job duties. There are a number of things to keep in mind when it comes to work-related DUI charges.

First, workers may drive drunk for a number of reasons. Some may struggle with an addiction to alcohol, or they may be charged due to driving while intoxicated after taking street drugs or prescriptions that they are addicted to. Outside of addiction, someone may accidentally drive drunk after drinking too much alcohol during their lunch break. Regardless of the reasons why people drive drunk at work, the consequences can be very serious. These charges can result in not only the loss of someone’s job but time behind bars and the loss of their driving privileges altogether.

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4009 Oleander Drive
Wilmington, NC 28403

Phone: 910-338-9813
Fax: 910-395-8391
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