Unusual situations where the law may not necessarily be in your favor

Preszler Law of Nova Scotia

Before we jump right into this discussion, it’s important to recognize the importance of law in our society. Often times, when in loggerheads with the law, we curse and lament of the unfairness of the justice systems. However biased or unfair they may seem to be, the law still plays a crucial role in our society both socially, politically, and economically. Of course, there are laws that are widely accepted and those that generate controversy. In addition to this, there are laws that we cannot do without, especially those that help us when settling disputes, punishing, and governing. Nevertheless, there will be instances when the law may seem unfair.

In this article, we’ll be discussing unusual situations where the law may not necessarily be in your favour.

Driving Under the Influence (DUI) and Possession

There are laws in every country that prohibit driving under the influence. Also known as driving while intoxicated (DWI) or operating while impaired (OWI), DUI is a cause of so many deaths and injuries around the world. If therefore, a court finds you guilty of such charges, you may be in for some “unfair” ruling. This may be, of course, after determining that your blood substance concentration was above the legal limit. The penalties for such may depend on so many circumstances such as the facts provided and the state in which the case is heard. Some common driving under the influence penalties include:

  • Suspension of the driving license
  • Probation
  • Fines
  • Prison/jail

However, sometimes untrustworthy insurance companies may provide false excuses even in court to try and deny your claim after a road accident or injury at work. It is not uncommon to hear of personal injury or disability claims that were denied on grounds that the victim was intoxicated during the incident. But what can you do in such a case where you’re wrongfully accused of having been under the influence? This is where it becomes crucial to talk to a personal injury attorney.

Justin Kimball from Preszler Law of Nova Scotia Preszler Law of Nova Scotia says that even if an impaired driver was involved in an accident, they may not automatically be liable for damages. This makes it important to ensure you get in contact with an experienced personal injury attorney as soon as you can after the particular incident.

Remember that, court processes may take time and the sooner you seek legal counsel, the likelier it is for your compensation claims to be processed and perhaps even awarded early. A good disability or personal injury attorney will also tell you that insurance companies have a timeframe past which they may not consider your claim valid.

Divorce Law

This is a segment of the law that falls under the family laws. Now, before considering divorce, there’s an area that may not always go as per your liking, alimony. With alimony, also known as spousal support, there’s a huge probability that the divorce court orders you to pay some alimony. More often than not, this occurs under some conditions. These include paying for the alimony until:

  • The former spouse remarries
  • The expiration of the date set by the judge
  • The children no longer need full-time parenting
  • Either of you dies

Child Custody

In years past, mothers had the upper hand when it came to child custody. This has, however, changed along the years and most of the focus tends to have shifted to the best interests of the minors. Nevertheless, either of you may lose child custody if you:

  • Break the law – the most common violations include domestic violence, drug use and possession, child abuse, and child neglect.
  • Violate the court orders – the most common instances when the court terminates physical custody is when the parents violate court orders. Some of these orders include failure to attend counselling, neglecting visitation, and failure to undergo a drug test.

Tax Evasion

In 2014, in the U.S, it was estimated that about 5% or 7 million of the country’s taxpayers failed to comply with tax regulations as they did not file their income tax returns. These are service workers, self-employed taxpayers, and small scale business owners. Tax fraud occurs when one willfully fails to report the total income received, prepares a false tax return or fails to pay the taxes due altogether. Penalties for these crimes include imprisonment for not more than 5 years, fines, and payment for the cost of prosecution.

These are but a few of those situations where the law won’t be in your favour. This, therefore, means that you have no choice but to obey the rule of law. Also, it pays to ensure that you always seek the best lawyer for your needs, whether you’re the one suing or the one being sued. Braden & Tucci is one sure good choice you can consider.

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