Showing posts with label License. Show all posts
Showing posts with label License. Show all posts

Friday, September 3, 2010

Montana Marriage License Requirements

Do you know how to apply and obtain a marriage license in the state of Montana? Some do, most do not. That is not a problem it is all about preparation. Just like anything you should always research it. Well that is what you are doing right now if you are reading this article, research. Below I have outlined the latest laws and restrictions for obtaining and applying for a marriage license in the state of Montana.

You will need government issued picture identification and your birth certificate.

You do not have to reside in the state of Montana to apply and obtain a marriage license.

If you are divorced you will need to supply your divorce decree.

Both the bride and the groom must be present when applying for marriage license. If the couple are not residents of Montana then the couple must apply in the county in which the marriage will take place. If one member of the couple is a non resident they can be sworn to or affirmed to the county and state in which they reside.

You do not have to wait for your marriage license unless you are under the age of 18.

The cost of the marriage license is $30.25 to be paid by cash only.

The bride must take a blood test for rubella.

If you are between the ages of sixteen and seventeen then you must have the consent of the custody parents. Also if you when you are between 16-17 you are required to attend together at least two counseling sessions ten days apart. The counselor will have to report to the court about what they think about you getting married.

No one under the age of 15 is allowed to marry in the state of Montana.

Montana does grant Solemnization Authority to the following a clergyman or clergywoman, a Circuit Court or Associate Circuit Court judge, A religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organizations regulations and customs.

Then within the 90 days after the solemnization of the marriage has taken place the person who performed the marriage must complete the marriage certificate and return it to the Recorder.

Their are proxy marriages in the state of Montana.

Any minister of the gospel may perform marriages.

The marriage license if valid for six months and must be used in the state of Montana only.

These are the latest laws and regulations for applying and obtaining a marriage license in the state of Montana. I strongly suggest that you call your local city or county clerk to confirm the information above.

Thursday, June 24, 2010

Using the License Suspension Hearing to Win Your DWI Case

An often overlooked part of DWI defense is the administrative license revocation (ALR) hearing. While many times the outcome is a foregone conclusion as the burden for the Department of Public Safety (DPS) is so low, the hearing affords the experienced DWI practitioner the means to build a solid defense to the criminal charge.

In Texas, an individual arrested for driving while intoxicated has 15 days to request an ALR hearing to contest their license suspension, or face a suspension of between three and six months for a first offense or up to two years for a subsequent offense.

Too many attorneys show up at the ALR hearing without having done anything to prepare other than look over the documents filed by the arresting officer. Those attorneys are missing a golden opportunity to help their clients. The ALR process allows an experienced DWI attorney to cross-examine the witnesses the state will call at the DWI trial without those witnesses undergoing a proper woodshedding from the prosecutor.

The attorneys for the DPS do not have the time to go over every detail of a stop with the arresting officer due to time constraints in the ALR process. More importantly to the experienced DWI attorney, since the burden of proof is lower than in a criminal proceeding, and because the elements that the DPS must prove differ from the elements of driving while intoxicated, witness preparation by the DPS attorney is minimal at best.

The ALR process allows the experienced DWI attorney to subpoena the arresting officer and other officers who participated in the stop, detention or arrest of the motorist. Through the rules governing the ALR process, a defense attorney is able to obtain documents the arresting officer filed with the DPS, such as his sworn report as well as the statutory warning issued to the motorist and the notice of license suspension.

In the event a breath or blood test was performed, the experienced DWI attorney may also subpoena the breath test operator, the technical supervisor (the state's expert on the Intoxilyzer) or the technician who interpreted the blood test result.

Since these individuals will be testifying under oath at the ALR hearing, this is the opportunity for the experienced DWI attorney to pin down each witness's story in order to provide impeachment material for use at the criminal proceeding. Questions about the driving facts can narrow the reasonable suspicion cited by the officer as the reason for the encounter. Questions about the officer's observations can be used to erode that officer's probable cause for arresting the motorist and requesting a breath or blood specimen. Questions about the field sobriety tests administered in the field, or at the station, can be used to exclude any evidence of those tests from admission into evidence at trial. Questions to the state's expert regarding a breath or blood test at the ALR hearing can provide ammunition to use to limit the impact of a breath or blood test at trial.

The ALR hearing provides the experienced DWI attorney with the opportunity to depose all of the witnesses who are going to testify against his client at trial. The transcript of the hearing allows the defense attorney to prepare the case accordingly and to highlight the weaknesses of the state's case. The transcript also provides the experienced DWI attorney with a weapon to attack the integrity and credibility of the state's witnesses. Should the officer give an answer on the stand at trial that differs from the answer he gave under oath at the ALR hearing, the experienced DWI attorney can pull out the transcript and impeach the officer in front of the jury.

Finally, the transcript of the ALR hearing also allows the experienced DWI practitioner to show the prosecutor the weaknesses in the state's case. On a borderline case, a good ALR transcript can be the difference between a dismissal and a trial.

Remember, if you've been arrested for DWI in Texas, you have only 15 days to request an ALR hearing to contest your license suspension. Do not waste your opportunity to gather evidence that could lead to a dismissal or acquittal. Contact Houston DWI Attorney Paul B. Kennedy for more information and a free consultation.

Sunday, June 20, 2010

Traffic Tickets - Can You Lose Your Drivers License?

It seemed like every cop had my GPS signal. Every where I went I seemed to get another traffic ticket. The points were adding up on my drivers license. Could I get my drivers license revoked for traffic tickets? You Bet!

I'm a speed demon. I have convertible, I put the top down, play my favorite tunes then bam! the bubblegum lights. As I said, they seem to know were I am... even on deserted country roads. I even got one speeding ticket where the County Sheriff added Reckless Driving... she said I crossed the center line. I think it was because I was rollin' about 90 mph. Now I had 8 points on my drivers license. Rats! I found out you could only get 12 points in 12 months and 18 points in 18 months. I already had a traffic ticket for speeding ... 3 points. Too close to 12!

I remember going online to find a driver improvement course for traffic tickets. I discovered a bunch of online traffic schools that offered a Traffic Ticket Dismissal/ Point Avoidance Course. I took the online traffic school course and completed it in five hours. The Ticket Dismissal Course was fairly easy, it held my interest, time seemed to fly by. Not only was my speeding ticket points removed, the reckless driving points were gone. The other benefit was my fine was reduced by 18%. No small chunk of change. If you are not sure that this is the course you need to take see Ticket Dismissal Course for the course qualifications and course outline.

I found out doing the course that there were plenty of ways to lose points... not just speeding. Any moving violation will get you dinged 3 points. Open container(driver) ding! 3 points. Passing a stopped school bus ding! 4 points. There plenty of other violations that will lose you points. Reckless driving, driving during restricted hours and improper equipment to name a few.

The Traffic Ticket Dismissal course was well worth the time. Pete, my college room mate, said it was pretty much the same course outline as the one he took online in Texas. Just a few questions were different, about Texas Traffic Laws. You have to love the internet.

Well, I have slowed down. I don't play any tunes that are jammin', I found out my speed increased when I was rollin' with the heavy tunes. I didn't lose my drivers license... the online traffic school ticket dismissal course took care of the problem.

Thursday, May 6, 2010

Missouri Marriage License Requirements

Your husband has just proposed to you and you could not be happier. This is how it all begins usually. Now the planning has come so do not forget the most important document of the wedding, the marriage license. So if you live in the state of Missouri below I have listed the laws and restrictions for applying and obtaining a marriage license.

You will need government issued picture identification and social security card.

You do not have to be a reside in the state of Missouri to apply and obtain a marriage license.

If you have been married before you must provide the date in which the marriage ended. If you have recently divorced you must wait 30 days before applying for a marriage license.

The couple must apply together.

The waiting period is three days but can be waived by a judge.

You must pay $50.00 cash only and if you are under 18 then you will pay $1.00 for each parental consent form.

Their are no blood tests required.

If you are the age of 16-17 you must have parental consent.

If you are 15 and younger you must have parental consent and the approval of a judge.

The following people have Solemnization Authority. A clergyman or clergywoman, A Circuit Court or Associate Circuit Court judge and a religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organization's regulations and customs.

Their are no common law marriages. Although Missouri recognized common law marriages before 1921 and common law marriages recognized in other states.

Their are no cousin marriages.

Their are proxy marriages.

The marriage license is valid for 30 days and can only be used in the state of Missouri.

These are the latest laws and regulations for applying and obtaining a marriage license in the state of Missouri. I suggest that you call your local clerk to confirm the information above.