Being pulled over for suspicions of a DWI can be a scary experience for most drivers, especially if it hasn’t happened to them before. Drivers should know that the foundation of their DWI case hinges on the initial traffic stop. Law enforcement officials are required to have reasonable suspicion or probable cause before asking a driver to pull over. Without… The post Law enforcement shouldn’t stop drivers without suspicion of DWI first appeared on Timothy J. Hennessy, PLLC ..read more

Couples thinking about their future together often save to buy a home and then begin saving for retirement. Couples may enjoy multiple decades of retirement together if they both remain healthy. Having enough money set aside to live comfortably during retirement requires careful budgeting throughout much of the marriage. Spouses may each have retirement accounts connected to their employment, or… The post What happens to retirement savings in a New York divorce? first appeared on Timothy J. Hennessy, PLLC ..read more

Drivers in New York can get arrested for intoxication due to a number of different scenarios. In some cases, police officers stop specific drivers in traffic because they drive so poorly the officer suspects them of intoxication. Police officers may also request testing after a collision if they believe that one driver was under the influence at the time of the wreck. Those two scenarios account for a substantial portion of the driving while intoxicated (DWI) arrests in New York every year. However, some drivers get arrested due to mass enforcement efforts by local law enforcement. Police depa ..read more

Couples preparing for divorce may disagree about many key details related to their marriage and its end. In some cases, they may not even agree about the need for a divorce. Sometimes, one spouse is ready to end a marriage, while the other seemingly hopes to work through the challenges or at least remain married. If someone cannot convince their spouse that divorce is necessary, they may decide to move forward with the filing on their own. They then typically wait for their spouse to respond. People have an opportunity to protest the proposed terms when one spouse suggests divorce. Can a spous ..read more

Ideally, couples who divorce will put aside their differences so that they can develop an effective, cooperative co-parenting relationship. But, what if that isn’t possible? Can your child pick where they want to live and which parent gets primary physical custody? Contrary to rumor, that’s not how things work You may have heard that your child has the “right” to pick where they live once they turn 13, 14 or 15 years of age – but that’s just a myth. In reality, there’s no “magic age” in New York that permits a child to decide which parent they prefer to live with. The court retains the authori ..read more

A divorce is a stressful process, in part because of the financial challenges involved. Spouses generally need to prepare to divide their assets and financial obligations, a process that could very well damage their relationship and force them into litigation. People often have a hard time agreeing with their spouse about what is the reasonable and fair way to share their assets and financial responsibilities during a New York divorce. Generally speaking, only marital assets and property are subject to division. The assets and debts that people can show are separate are often not subject to di ..read more

The Bill of Rights and numerous other federal and New York rules protect those accused of criminal activity. There is a presumption of innocence that applies to anyone facing criminal charges, and they have the right to a trial. During a criminal trial, a defendant has the right to representation and should have access to any of the evidence that the prosecution intends to present. They also have the right to choose between having a judge rule on their case and having a trial overseen by a jury of their peers, at least in felony cases. A trial helps ensure that someone accused of a crime has a ..read more

Now that you and your spouse pursue divorce, you clearly understand that your young children are your greatest concern. How will they cope? Will they adjust to new schedules and living arrangements? While their emotional well-being remains a priority, their financial well-being also must get serious attention during the divorce process. For example, although higher education may be years away, you must take college expenses into account during divorce negotiations. College costs continue to rise Who will pay and what amount? You and your separated spouse must come to an agreement. But, first ..read more

Drivers must ensure they’re in the right shape to drive. One thing that has a negative impact on this is impairment. Police officers keep an eye out for signs of impaired driving and will initiate a traffic stop if they see any signs of it. In order to stop a vehicle, the police officer has to have reasonable suspicion. This is a very low standard that means the officer saw something a reasonable person would think meant something is amiss. What can cause reasonable suspicion? There are many things drivers might do while on the road that could cause someone to think they’re impaired. Driving t ..read more

Property division is one factor that a divorcing couple must carefully examine when preparing for their independent futures. Asset division will likely accompany spousal support, child support and parenting time as the couple negotiates the complete financial picture. Unfortunately, there are certain factors that can make property division more complicated than originally thought. Three common examples of challenging property can include: Digital assets: Individuals increasingly rely on their online properties. From digital movie collections to an online storefront, the divorcing couple must i ..read more