Louisiana Legal Blog

Inaccuracy of Breathalyzer could be key in DUI criminal defense

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Friday, November 8, 2019.

When Louisianans are stopped by law enforcement as part of an investigation to determine if a driver is driving under the influence, there are various steps the officer will take. Most people will understand what it means to blow into a Breathalyzer. This machine is used to determine the blood-alcohol content in the driver's system. A foundational part of many DUI cases, those who register over a certain level depending on the circumstances can find themselves arrested and in need of criminal defense.

However, a new report is calling into question the validity of these tests. Reporters from the New York Times investigated Breathalyzers. They found that many law enforcement agencies across the U.S. use machines that are inaccurate with numerous flaws contributing to the errors. Failure to register an accurate reading could mean that people who should not have been arrested were charged. These inaccuracies occurred at a worrisome rate.

What are some defenses to drunk driving?

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Thursday, October 24, 2019.

You or a loved one may have gotten the shock of your lives when you were pulled over and charged with drunk driving. Intoxicated driving is something that the criminal justice system has been cracking down on in the last decade or so. Officers are trained to be on the lookout for drunk drivers, and penalties for drunk driving could be harsher than they have been in the past.

Being charged with drunk driving is a serious allegation. It is a criminal charge and the accused has the right to build a criminal defense against the charge. One defensive strategy that the accused could employ is claiming that the officer engaged in an improper stop when they pulled over the accused. This means they didn't have probable cause to stop the driver.

What to anticipate during the child custody process

On behalf of Brett K. Duncan & Co. posted in child custody & visitation on Friday, October 11, 2019.

You and your child's parent may be great parents, but that doesn't mean that it can be easy to co-parent from separate households. It really takes a great deal of effort, thought and patience to ensure that the co-parenting process goes smoothly. A child custody arrangement is often the first step in the process to get the ball rolling. For parents who have never experienced the child custody process, it can be nice to know what to expect.

When a custody agreement is decided they will decide on a number of issues that impact you, your child and your child's parent. Physical custody, legal custody, parenting plans, child support and other issues may be on the table during these discussions. It's important to understand that the ultimate goal of a child custody and visitation arrangement is to have an arrangement that is crafted in the best interests of the child. Other factors will be taken into consideration, but this goal is number one.

Did your child land in legal trouble after going off to college?

On behalf of Brett K. Duncan & Co. on Wednesday, October 9, 2019.

It can be frightening as a parent to send your kids off to college. After roughly 18 years of caring for him or her, your child is ready to live on his or her own, make choices independently and learn important life lessons. Sometimes, this does not always go well, and a young college student may make certain mistakes that could land him or her in trouble.

One important step you can take as a parent is to educate your child about dealing with campus police. It is always smart for a college student to know exactly what type of authority an on-campus police officer has and to understand what a student should do in the event of questioning or arrest. It is prudent to teach your kid how to react in certain circumstances and how to protect their own rights and interests.

Helping you understand your criminal defense options

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Friday, September 27, 2019.

Facing criminal charges is a difficult predicament to be in. An alleged offender is likely overwhelmed by the entire situation, unsure what they can immediately do to better the matter. No matter how severe or minor the charges are, it is important to note that a criminal defense is always an option. But not all criminal defense strategies look alike; therefore, it is vital for a defendant to explore their options and what defenses would benefit them the most.

It can be challenging to weigh the pros and cons when asserting a defense, which is why our law firm takes the time to lay this out for our clients. The attorneys at Brett K. Duncan & Co., are dedicated to helping individuals facing a wide range of criminal allegations. Our focus is on making sure our client understand their options so they can make the best chose possible for their situation.

How can you achieve an out-of-court divorce?

On behalf of Brett K. Duncan & Co. posted in out-of-court divorce on Wednesday, September 11, 2019.

The end of a marriage signifies the end of one chapter in life and the beginning of a new one. While some divorcing couples are able to move on quickly, others find it more challenges, as they are faced with difficult divorce issues. However, for those couples in Louisiana and elsewhere that are able to amicably move through the dissolution process, it may be beneficial to consider their options when it comes to avoiding litigation and keeping costs down.

How can you achieve an out-of-court divorce? While some divorcing couples require court to finalize their divorce, this is not always necessary. In fact, a divorce could be resolved through an informal negotiation process. This is usually completed with the assistance of attorneys, and the spouses could use an alternative dispute resolution or ADR process to reach a voluntary settlement.

Dukes of Hazzard star's divorce finalized after five years

On behalf of Brett K. Duncan & Co. posted in Divorce on Thursday, August 29, 2019.

When celebrities go through the divorce process, having the emotional process publicized allows all of us to realize that they are just like anyone else. Although they may have more assets and property to sort through, the process still requires the couple to make decisions regarding property division, alimony, child custody and child support.

According to recent reports, the divorce between "Dukes of Hazzard" star John Schneider and Elvira Schneider has finally come to end after nearly five years. Elvira filed for divorce back in December of 2014 and, since that filing, John had to spend three days in jail for failing to pay temporary spousal support. Furthermore, the judge found that John sold one of their properties located in Louisiana without splitting the profits. It was also discovered that he apparently drained one of the couple's IRA accounts.

Is your minor facing an alcohol possession charge?

On behalf of Brett K. Duncan & Co. on Friday, August 16, 2019.

You want what is best for your kids, but what they think that is and what you believe it is are often very different things. Everyone makes mistakes; that is how people learn and grow. Unfortunately, sometimes, children make mistakes that can hurt them in ways that they never imagined. For instance, if you have a minor who is facing an alcohol possession charge, he or she may not realize how a conviction can affect them now and down the line.

Louisiana, like all other states, has strict laws regarding youth and their consumption of alcohol. It is bad for their growing bodies, and it causes them to make poor decisions, which may result in harm to themselves and others. According to Minor in Possession laws, what may happen to a child found guilty of possessing alcohol?

What are common criminal defense strategies?

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Wednesday, August 14, 2019.

Facing criminal allegations can be a difficult predicament for individuals in Louisiana and elsewhere. If it is a person's first run-in with the law, it can be a very confusing and overwhelming experience. And, for those with a criminal background, facing charges could mean facing harsher penalties if a conviction occurs. Not matter the situation, it is important to explore defense options.

What are common criminal defense strategies? While there is no one-size-fits-all defense plan, there are some more common and favorable options for those accused of a crime. This can be broken down into two categories, which includes telling the truth and asserting denials, and admissions of guilt.

Property division laws in the state of Louisiana

On behalf of Brett K. Duncan & Co. posted in Divorce on Friday, August 2, 2019.

Much like couples in Louisiana and elsewhere get married for a wide variety of reasons, there are a variety of reasons to end a marriage. However, no matter the cause for divorce, spouses will have to go through the process of ending their union. This also means addressing marital property and splitting it accordingly.

Property division is often a contentious divorce issue. It is not always clear and straightforward that certain property is marital or separate. Thus, divorcing spouses may need to prove that certain assets or property are in fact separate property and not subject to the property division process.

Helping Louisiana Families Face Legal Problems