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How Old Do You Have to Be to Get Married?

October 20th, 2012 |

What Are DUI Checkpoints?

April 19th, 2011 |

What Are DUI Checkpoints?

You may have seen them on the highways and byways of America especially during high-traffic times, late at night, or during the holidays. In general, DUI checkpoints are regular points along high-traffic roads that allow police and other peace officers to examine drivers to make sure they aren’t driving in an impaired state.

DUI checkpoints take many forms–some are simply patrol cars checking speed and safety, and pulling over drivers who appear to be impaired for a closer check. Other checkpoints are more invasive–all cars travelling along a certain stretch of road must pull over and pass inspection. The kind of checkpoint that you encounter has more to do with a state’s laws and attitudes toward DUI checkpoints than anything else.

38 states in America conduct DUI checkpoints, also known as sobriety checkpoints, as part of their state policy toward impaired and drunk driving. The other 12 states have found that laws exist preventing or challenging the legality of such checkpoints.

DUI Checkpoint Locations

The best way to find DUI checkpoint locations is to watch local news and read your local newspaper. Most places that setup DUI checkpoints are legally bound to announce the location in some form. Your municipal or state police department may even post these checkpoint locations on their website.

DUI Checkpoint Locators

Websites like Roadblock Registry allow you to search for posted roadblocks by state and sometimes by city. You can also use your own two eyes to spot roadblocks–if you see lots of flashing lights between 9 pm and 2 am, you can bet you’ve just found a DUI checkpoint.

DUI Checkpoint Apps

Three apps for smartphones, called Buzzed, Tipsy, and Checkpointer, allow people with smartphones to instantly access roadblock and DUI checkpoint registries. These apps run from totally free to $4.99, and the more expensive the app the larger the database and the more often the updates. These apps are currently legal, though there are legal challenges to their existence and availability to the public.

DUI Checkpoint Laws

Depending on the state you live in, you may or may not have to worry about DUI checkpoints. Some states have ruled that such checkpoints are illegal–other states have specific interpretations of the Constitution that make such checkpoints illegal. There appears to be a geographic component to the legality of DUI checkpoints, with states in the Deep South and around New England favoring DUI checkpoints, while states in the West and Midwest tend to declare them illegal.

Here is a breakdown of all fifty states, whether or not they conduct DUI checkpoints, and how often.

Alabama–DUI checkpoints are legal and are conducted throughout the year.

Alaska–DUI checkpoints are illegal because the state has no legal authority to run them.

Arizona–DUI checkpoints are conducted at least once per month.

Arkansas–DUI checkpoints are conducted weekly.

California–DUI checkpoints are conducted once or twice a month.

Colorado–DUI checkpoints are conducted once or twice a month.

Connecticut–DUI checkpoints are legal but are not conducted regularly.

Delaware–DUI checkpoints are legal and are conducted once a month between January and June and weekly from June through December.

D.C.– DUI checkpoints are conducted once or twice a month.

Florida–Florida is the DUI checkpoint capital of the world. DUI checkpoints are legal and are conducted 15-20 times monthly.

Georgia–DUI checkpoints are conducted weekly.

Hawaii–DUI checkpoints are conducted weekly.

Idaho–DUI checkpoints are illegal by state law.

Illinois–Illinois is almost as DUI checkpoint-crazy as Florida, conducting several hundred checkpoints randomly throughout the year.

Indiana–DUI checkpoints are legal and are conducted randomly.

Iowa–DUI checkpoints are illegal because  of a state law that authorizes roadblocks but does not specifically authorize sobriety checkpoints.

Kansas–DUI checkpoints are legal and are conducted once or twice a month.

Kentucky–DUI checkpoints are legal and are conducted weekly.

Louisiana–The state Supreme Court recently authorized the use of DUI checkpoints.

Maine–DUI checkpoints are legal but rare.

Maryland–DUI checkpoints are legal and are conducted weekly.

Massachusetts–DUI checkpoints are conducted year round.

Michigan–DUI checkpoints are specifically classified as illegal by the Michigan state constitution.

Minnesota–DUI checkpoints are illegal by the Minnesota state constitution.

Mississippi–DUI checkpoints are conducted weekly.

Missouri–DUI checkpoints are conducted twice a month.

Montana–By state law, only “safety spot checks” are allowed.

Nebraska–DUI checkpoints are conducted 6 – 10 times per month.

Nevada–DUI checkpoints are conducted twice a month.

New Hampshire–According to the New Hampshire DPS, DUI checkpoints are conducted weekly, “weather permitting.”

New Jersey–DUI checkpoints are conducted once or twice a month.

New Mexico– New Mexico law states “DUI checkpoints set up to detect and apprehend drunk drivers are constitutionally permissable as long as law enforcement follows . . . guidelines to ensure their reasonableness.”

New York–DUI checkpoints are legal and conducted weekly.

North Carolina–DUI checkpoints are conducted weekly.

North Dakota–DUI checkpoints are legal but not often conducted.

Ohio–DUI checkpoints are conducted regularly throughout the year.

Oklahoma–DUI checkpoints are conducted once or twice a month.

Oregon–DUI checkpoints are illegal under state constitution.

Pennsylvania–Pennsylvania conducts the third-most DUI checkpoints in America, at a rate of “several hundred per year.”

Rhode Island–DUI checkpoints are illegal by Rhode Island law.

South Carolina–DUI checkpoints are legal but not conducted regularly.

South Dakota–DUI checkpoints are conducted weekly.

Tennessee–DUI checkpoints are currently under challenge at the state Supreme Court level.

Texas– DUI checkpoints are illegal under Texas’ own interpretation of the Federal constitution.

Utah–DUI checkpoints are conducted six times a year.

Vermont–DUI checkpoints are conducted weekly.

Virginia–DUI checkpoints are conducted weekly.

Washington–DUI checkpoints are illegal by state law.

West Virginia–DUI checkpoints are conducted weekly.

Wisconsin–DUI checkpoints are prohibited by law.

Wyoming–DUI checkpoints are illegal due to the state’s interpretation of Federal roadblock statutes.

Where Is Gay Marriage Legal?

February 14th, 2011 |

Where Is Gay Marriage Legal?

There are many places in the world where homosexuals are allowed to get married or to form civil unions. Gay marriage is a hot-button issue in America, but in a few places around the world, gay marriage and union has been legal for years.

Gay Marriage vs. Civil Unions

Not every gay marriage law allows traditional marriage between homosexuals. Many cities in America and countries around the world have allowed for something called “civil unions” as a concession to the gay community without angering that portion of the population that believes marriage should only take place between a man and a woman.

The concept of a “civil union” is a recent one. The concept was born in Denmark in 1989 and has spread around the worldsince then. A civil union gives a same-sex couples the same rights, benefits, and responsibilities as a married couple. Civil unions between homosexuals are favored in areas where making a change to marriage law would be time-consuming and costly, or in areas with a heavily religious population.

Every civil union law is a little different–civil unions in the state of Vermont, for example, are intended to completely imitate marriage, providing same-sex couples with a viable path to marriage without addressing the issue of whether or not marriage is defined as between a man and a woman. Other civil unions are more restrictive, creating civil unions that are distinct from marriage and may not allow all the same rights to same sex couples that traditional married couples would have.

Gay Marriage in America

Here is a breakdown of every state in America and their policy toward gay marriage and civil unions.

Alabama–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Alaska–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Arizona–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Arkansas–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

California–The law in California banning gay marriage is still being worked out in the courts. For now, civil unions are available under certain conditions, and are essentially the same as heterosexual marriages in terms of rights and responsibilities.

Colorado–Marriage is defined as a union between a man and a woman. There are provisions that allow for civil unions.

Connecticut–Gay marriages and civil unions are legal in Connecticut.

Delaware–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

District of Columbia–Both domestic partnerships and gay marriage are legal.

Florida–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Georgia–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Hawaii–A legal gray area exists in Hawaiian civil union laws. A civil union law is being voted on as of this writing.

Idaho–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Illinois–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Indiana–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Iowa–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Kansas–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Kentucky–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Louisiana–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Maine–Same-sex couples married in states where their union is legal can apply for domestic partnerships in Maine.

Maryland–One of the oldest “definition of marriage as between a man and a woman” laws, Maryland has banned gay marriage since 1973. Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Massachusetts–Gay marriages and civil unions are legal in Massachusetts.

Michigan–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Minnesota–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Mississippi–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Missouri–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Montana–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Nebraska–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Nevada–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

New Hampshire–Gay marriage is legal in New Hampshire. In fact, there’s no such thing as a “civil union” as of January 1, 2011. That’s the day that all “civil unions” became legal marriages.

New Jersey–The only legal marriage status for same-sex couples in New Jersey is a limited civil union.

New Mexico–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

New York–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

North Carolina–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

North Dakota–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Ohio–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Oklahoma–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Oregon–Civil unions only.

Pennsylvania–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Rhode Island–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

South Carolina–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

South Dakota–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Tennessee–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Texas–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Utah–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Vermont–Full marriage rights available to same-sex couples. No civil unions allowed.

Virginia–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Washington–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

West Virginia–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Wisconsin–Limited domestic partnerships exist, but there is no legal gay marriage.

Wyoming–Marriage is defined as a union between a man and a woman. No civil unions, no gay marriage.

Are Gun Silencers Illegal?

November 23rd, 2010 |

What is used to suppress a discharge, reusable, silent but deadly, and banned in 15 different states? Gun silencers have received a bad rep in certain states, others embrace the weapon during hunting season. Each state has their reasons for banning the use of them, but in most cases you have liberal politicians who like to pass “Feel good” legislation that does nothing to prevent criminal acts. In fact according to the United States Department of Justice (USDOJ), of the millions of legally owned suppressors and assault weapons in the US, only .01% of them will ever be used in a criminal act.

Those who reside in a state where silencers are illegal bay have a different interpretation of an assault weapon as well. An assault weapon to most people is considered a fully or semi automatic weapon. Liberal politicians see assault weapons as more of a genre for guns then a function. For example, pistols that look like a sub-machine guns, pistols with detachable magazines, pistols with threaded barrels, pistols with silencers or a forward pistol grip.

If you carry any of these in the following states you may unintentionally be committing a felony.

• California
• Delaware
• Washington DC
• Hawaii
• Illinois
• Iowa
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• New Jersey
• New York
• North Dakota
• Rhode Island
• West Virginia

Most individuals who legally own a suppressive hand gun use them for hunting purposes. Sure video games portray silencers as a bad example and therefore radicals claim silencers should be considered an assault attachment, but the fact is they are effective for hunting. Criminal investigations aren’t impaired when a gun silencer is used, in fact in some cases it even helps identify the criminal. Here is an interesting tid bit, in other countries it is considered rude to fire a weapon without a gun silencer due to the irritating and disruptive noise.

See also:

1. Is It Illegal to Drive without Car Insurance?
2. Is It Illegal to Drive Barefoot?
3. Is It Illegal to Be High?
4. Is It Illegal to Sleep in Your Car?
5. Is Drinking Absinthe Illegal?

Is It Illegal to Drive Barefoot?

March 10th, 2010 |

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There’s nothing like the feel of the open road — just you, your car, and miles of highway stretching off into the distance. Driving is the definition of freedom, a past time as American as baseball.

Sometimes you want to feel the gas pedal underneath your toes, you want to feel directly connected to your car’s engine. Sometimes you just want to drive barefoot.

What are the legal ramifications of driving without shoes?

Our research indicated two facts –

1. There is no specific law restricting the operation of a motor vehicle without shoes in any of the fifty states or the District of Columbia

and

2. Every state’s department of public safety has a recommendation that drivers wear shoes, either to avoid reckless driving charges (a very real possibility) or injury during an accident.

So,  driving barefoot can get you ticketed for reckless driving (or any number of other statutes) and can cause severe injury in the case of an accident.

While you will not be ticketed specifically for “driving barefoot”, your state’s DPS can ticket you for any number of driving offenses related to barefoot driving.

If you believe tradition, when automobiles first appeared on the scene, they were not covered in upholstery, no floor mats and nothing to block the feet of the driver from the heat of the engine. During these times, a barefoot driver risked serious burns to their feet if not wearing proper footwear. For many people, this old tradition of covering the feet to protect them from the engine is the main reason they feel the need to wear shoes.

Driving barefoot is an unavoidable event sometimes. Maybe you lost your shoes after a day at the beach or are in a hurry to get to the emergency room or other emergency facility. Know your local laws and be extra careful when driving barefoot, and you should ‘get away’ with it just fine.

This article is part of a series we’re doing on “Is It Illegal?” The other post in this series is:

• Is It Illegal to Sleep In Your Car?
• Is It Illegal to Be High?
• Is It Illegal to Drink Absinthe in the United States?

Is It Illegal to Be High?

March 8th, 2010 |

Is It Illegal to Be High?

Yes, it is illegal to be high.

Here’s the situation — you and your buddies were sitting around listening to The Dark Side of the Moon and enjoying a joint or two. The night’s over and it is time to head home. On the way back to your house, you get pulled over for speeding. You know you don’t have anything illegal on you, and you haven’t been drinking, but still you gotta wonder — can the cop bust you simply for being high?

Drug Test got you worried? CLICK HERE

Let’s set aside the issue of driving under the influence of marijuana for just a moment and talk about the legality of being high.

Intoxication can be difficult to prove. When talking about alcohol intoxication, cops have several methods for determining your level of drunkenness, from field sobriety tests to breathalyzers to blood tests back at the police substation. With marijuana there is no really effective way to prove in a court of law that you were under the influence.

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The short answer is Yes — it is illegal to be “under the influence of marijuana”, especially when you’re driving The problem lies with the officer’s ability to take stock of your level of intoxication.

Detecting Marijuana Intoxication

If the police really want to know if you’re under the influence of marijuana, the only true test is a blood test. There’s no “marijuana breathalyzer” (though one is being developed in California as I write this) so if a cop wants to bring you into the station, that officer will have to have good cause to do so.

A field sobriety test is fairly effective for detection of marijuana intoxication. Depending on the individual (and depending on how high they are) a typical field sobriety test could be tough. Walking a straight line, speaking clearly, etc — marijuana can make all those tasks difficult.

But for an officer to perform a field sobriety test on an individual who is high on marijuana there must be mitigating circumstances. Either you’ve been involved in an accident (which automatically triggers such a test) or you smell so much like marijuana that the officer can’t help but test. If you don’t appear too high and if you haven’t caused too much of a problem in your vehicle such as an accident or something, you probably won’t be tested.

Illegal High

Another sticking point for cops is that they usually have to see evidence on marijuana use in order to arrest you for it. If a cop finds marijuana, paraphernalia, or sees you smoking marijuana, then you will most certainly be arrested and given any drug test they can think of to prove your guilt.

But if you’re walking down the street, causing no trouble and not in possession of any drugs, you could possibly walk right up to a cop and say, “I’m high on marijuana.”

And they probably won’t do anything. If you aren’t driving or behaving criminally, a simple statement to a cop that you are intoxicated is usually not enough to warrant an arrest. On the other hand, don’t test this theory in real life. It’s always a bad idea to admit to any kind of illegal activity to a police officer.

The basic facts are as follows — while it is illegal to be high and operate a car, and while it is illegal to possess, smoke, or sell marijuana, it can be difficult to prove intoxication and therefore most of the time you can get away with.

Our advice is to obey all  the laws in your jurisidction.

Drug Test got you worried? CLICK HERE

This article is part of a series we’re doing on “Is It Illegal?” The other posts in this series are:

• Is It Illegal to Sleep In Your Car?
• Is It Illegal to Drive Barefoot?
• Is Drinking Absinthe Legal?
  

What Are Some Questions to Ask a Lawyer?

December 15th, 2009 |

What are Some Questions to Ask a Lawyer?

When you first sit down to consult with a lawyer, it may be difficult for you to think of questions you need answered. Many people are intimidated by lawyers the same way they are intimidated by doctors, dentists, or their mother-in-law. Here are a few key questions to ask at your first consultation.

According to this post at the website for The American Bar Association, the most important generic questions to ask a lawyer are –

• What is your experience in this area of legal practice?
• How long have you been practicing law?
• How long has your firm been practicing law?
• What kind of legal problems do you handle most often?
• Are most of your clients businesses or individuals?

The article goes on to suggest that you ask if there will be paralegals or other non-lawyer personnel working on your case. The article also suggests you ask as many questions about legal fees as you can think of, including how you are being charged (hourly, by the case, or by a percentage of winnings), how much the bill will be from start to finish, and any possible payment plans you can use to pay off your bill.

This blog post from AllBusiness.com has a long list of suggestions for good lawyer questions.

• How many cases like mine have you handled in the last year?
• How will you keep me informed of new developments?
• What is the possibility of a successful outcome?
• What are the chances of settling the case before trial?

Finally, here are some questions to ask a lawyer in the specific field of bankruptcy.

• Should I file for bankruptcy or do I have other options?
• Who will actually be handling my case?
• How much of your time is devoted to bankruptcy cases?
• How much do you charge for your bankruptcy services?

Sitting down for a consult with a lawyer can be expensive and nerve wracking. To make the most of your time and money, arrive prepared with questions you need answered. The lawyer will appreciate you saving his time, and you’ll appreciate getting the most bang for your buck.