Collegiate Alcohol Awareness Week ~ Consequences of Underage Drinking

Over 4,300 Americans under the age of 21 die from an alcohol-related incident every year. Missouri is responsible for over 100 of those deaths (Source: CDC). Drinking under the age of 21 is illegal, but unfortunately, criminalizing the act has not seemed to really help - a shocking number of high school and college students under the age 21 still consume alcohol on a consistent basis.

October 17-21, 2016, is Collegiate Alcohol Awareness Week. It is a week designed to raise awareness of the potential danger alcohol consumption can be for college students. Universities host multiple programs to educate students and raise awareness of alcohol issues on their respective campuses. In honor of Collegiate Alcohol Awareness Week, our Lake of the Ozarks law firm is dedicating our blog to the consequences of underage drinking.

Legal Consequences

The legal drinking age in the United States is 21 years old. Individuals ages 20 and under are breaking the law if they consume alcohol, and as a result they may be subject to legal consequences. These consequences may include:

• Mandatory community service
• Suspension of driver's license
• Criminal fines
• Jail time

It can also have farther-reaching effects. Because it is a criminal offense, a conviction of underage drinking may also go on your criminal record indefinitely. Having a criminal conviction can make it more difficult to secure employment, housing, loans, quality education, and more.

Other Consequences

The legal consequences underage drinkers risk should not be taken lightly, but unfortunately they barely scratch the surface of the potential consequences. Underage drinking puts people at greater risk for a variety of other consequences, including:

• Abuse of and addiction to alcohol, drugs, and other substances
• Car accidents
• Alcohol poisoning
• Suicide

College students specifically face another array of potential consequences, such as lowered GPA, suspension from classes, and (depending on other circumstances) potentially even expulsion from their university.

The younger a child is when he begins drinking, the more at-risk he is for suffering any of these other consequences. Because the consequences range from lowered grade point average to serious illness and even death, it is easy to see why underage drinking is such a severe issue in our society.

Gibbons Law Firm Is Here To Protect Your Rights

Our Lake of the Ozarks legal team strongly encourages individuals under the age of 21 to refrain from drinking alcohol until they are old enough to participate without incurring legal charges. Even then, however, the other dangers of alcohol consumption can still be present. No matter how old you are, it is important that you respect the dangers alcohol may present so that you can take steps to keep yourself and others safe.

If you find yourself faced with criminal charges, our criminal defense attorney in Camden County MO will be here to ensure that your rights are protected. Our goal will be to ensure that you don't suffer unnecessarily harsh consequences. For more information on our criminal defense services in Osage Beach MO, call 573-348-2211 or visit RGibbonsLawFirm.com.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

5 Factors That Influence Custody Arrangements

Divorce is a trying process with countless details demanding attention. If you have children, child custody will probably feel far more important than any other issue that may arise. It likely goes without saying that you'll want to do everything in your power to ensure you can remain actively involved in your children's life. If you are wondering how the Court determines custody and what you can do to improve your chances of being awarded full or partial custody, our family attorney in Osage Beach MO is here to help.

Providing For The Child's Best Interests

When determining whom should be awarded custody, the Court has one primary mission: to award custody in the manner that will best benefit the child. The Court is concerned only for the child's best interests; your and your spouse's emotions and desires will carry little weight. The Court will evaluate several factors to determine how well-equipped each of the parents are to care for the child's best interests. Here are a few examples of these factors:

1. Involvement In The Child's Life
No matter what your child's age is, he needs a parent who will be there to support him. Whether that support comes in the form of attending little league baseball games or helping him fill out college applications, the Court will want to see that you have been actively involved in your child's life in the past, that you continue to stay involved during the divorce proceedings, and that you can be trusted to remain involved in the future.

2. Lifestyle
Some lifestyles easily lend themselves to caring for a child, and others do not. If you routinely work 60 hours a week and frequently travel for work, for example, the Court may decide that you will not be able to dedicate appropriate time to raising your child and award primary custody to the other parent.

3. The Child's Wishes
If your child is old enough to express her opinion, her wishes will likely factor heavily into the Court's ultimate decision. The child must be able to articulate the reason for her opinion, and if the reason is valid, the Court may be inclined to oblige.

4. Stable Environment
Children need stability and consistency in order to thrive. If you change residences frequently or regularly have new romantic partners, this may negatively impact your odds of being awarded custody. The Court will want to see that you can provide a stable home for your child.

5. Alcoholism & Abuse
Obviously, alcoholism and abuse (emotional, physical, sexual, or otherwise) do not lend themselves to a supportive, loving home. If one parent has a history of any of these issues, the Court will likely award custody to the non-offending parent. In these instances, visitation rights for the offending parent may also be severely limited (or denied altogether).

Proving You Can Provide For Your Child's Best Interests

These five are only a few examples of the countless different factors that can influence custody arrangements. The Court will also look at religious and cultural preferences, the parents' mental and physical health, opportunities to remain in contact with other family members (such as grandparents), and more.

When you file for divorce in Camden County MO, it will be up to you to prove to the Court that you are able to fulfill all of the responsibilities associated with raising a child. Fortunately, you do not have to face this journey alone. Our Lake of the Ozarks divorce attorney will be here to guide and represent you along every step of the way. Call us at (573) 348-2211 to schedule your free initial consultation.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

National Motorcycle Ride Day: 8 Important Safety Tips

If you've ever ridden on a motorcycle, you know that there is nothing quite like the thrill of the open road. Motorcyclists relish the feeling of the wind in their hair and the sense of freedom that can only be found on a bike. For many people, motorcycles are more than just a mode of transportation - they're a hobby, a community, a culture, and a lifestyle. Unfortunately, under certain circumstances, they can also be very dangerous.

Saturday, October 8th is National Motorcycle Ride Day. In preparation for this upcoming observance, our Lake of the Ozarks law firm is here to help you stay safe on the roads with these important motorcycle safety tips. Whether you will be on a bike or sharing the road with one, there are things you can do to help keep our community safe.

Safety Tips For Motorcyclists

1. Wear A Helmet.
Not only is it a law in Missouri, it can potentially save your life. According to Consumer Reports, riders without helmets are 40% more likely to suffer a fatal head injury in a crash. They are also three times more likely to suffer brain injuries than riders who wear helmets. 

2. Watch The Forecast.
Poor weather make driving conditions more dangerous for everyone, but this is especially true for motorcyclists. Roads become slippery when wet, and it can be hard to keep your bike under control. Other drivers may also have more difficulty controlling their vehicles, so you should leave extra space between you and other drivers.

3. Wear The Right Clothes.
There aren't any laws requiring motorcycle riders to wear specific attire, but the clothes you wear can play a significant role in your safety. Ideally, you should wear long pants and long sleeves that can protect you from bugs, dirt, wind chill, etc. If you are breaking out the bike, leave the shorts and sandals at home.

4. Stay Alert.

Driving a motorcycle presents two primary dangers: your smaller size makes it harder for other drivers to see you, and there is nothing to protect you (except your helmet and your clothes) if you do get in an accident. For these reasons, it is especially imperative that you stay extra alert and focused while riding your motorcycle.

Safety Tips For Other Drivers

5. Leave Extra Space Between Your Vehicle And The Motorcyclist.
Because they are smaller and more lightweight, motorcycles can speed up, slow down, and change direction more quickly than other vehicles. A crash with a motorcycle can be fatal to the cyclist, so it is crucial that you allow yourself extra space and time to react to their movements.

6. Be Extra Cautious When Passing.
You are legally allowed to pass a motorcycle just as you would pass any other vehicle, but it is wise to exercise extra caution when doing so. Signal to give the motorcyclist notice of your intention to pass, and make sure you are several car lengths ahead of the motorcyclist before you move back into your lane. Be extra cautious during windy weather, as you may both be at risk for being blown in and out of your lanes.

7. Double-Check Your Blind Spots.
Their smaller size can cause motorcycles to stay in your blind spot longer, which makes it harder for them to be seen in your mirrors. Before turning or changing lanes, check your blind spot twice to make sure you aren't overlooking someone.

8. Handle Intersections With Care.
Accidents occur more frequently in intersections than anywhere else. No matter what kind of vehicle you're driving, approach all intersections with caution. Obey all traffic signs and check your surroundings multiple times. This extra caution may mean the difference between life and death for you or another driver.

Gibbons Law Firm Is Here For You

Our Lake of the Ozarks legal team wishes you safe travels on all of your journeys. Unfortunately, accidents can (and do) happen even with the best intentions. If you find yourself facing steep medical bills and expensive damages as a result of an accident you did not cause, you may have the grounds for a personal injury lawsuit. Contact our personal injury attorney in Osage Beach MO for more information.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

Personal Injury Representation On A Contingency Fee Basis

The consequences of personal injuries incurred in an accident are more than just physical. Personal injuries can also impact your ability to earn a living and support your family. Hopefully these crucial aspects of your life will only be affected for a short while, but depending on the severity of your injuries, they may be impacted for years to come. Either way, our Lake of the Ozarks personal injury attorney will be here to assist you with your personal injury case.

Financial Help For Injured Individuals 

Sustaining serious injuries is devastating in any scenario, but it is especially heartbreaking when the injuries were caused by the negligence of another party. Sometimes, however, the victims are able to find solace by seeking financial compensation for their injuries. While no amount of money can make up for the physical, professional, or familial challenges that your injuries may have caused, receiving compensation for your injuries may serve to ease some of the financial stressors that often accompany personal injuries. 

Hiring A Personal Injury Attorney

In a perfect world, the person who caused your injuries would stand up and offer to pay for your medical expenses out of the goodness of their heart. Of course, the reality rarely works so amicably. Medical bills have a way of racking up quickly, and the responsible party may be reluctant to provide financial compensation. That's where your personal injury attorney in Osage Beach MO comes into play.

Your personal injury attorney will be your advocate throughout the entire process. If you choose Gibbons Law Firm for your representation, we will work tirelessly to ensure that you receive all the compensation you deserve. We will take into account all of the financial challenges you face as a result of your accident, such as missed time from work, lost wages, medical bills, physical therapy costs, and associated pain and suffering. We will work to secure a settlement that accounts of all of these challenges. 

Advantages Of A Contingency Fee Structure

With so many financial hurdles facing them, most injured individuals and their families balk at the idea of signing up for yet another expense by hiring an attorney. At Gibbons Law Firm, we believe that financial factors should never come between you and the quality personal injury representation you need. That's why we work the majority of our personal injury cases on a contingency fee basis.

The premise of our contingency fee structure is simple: our fee is contingent upon our victory. We will not charge a single penny for our services until we win your case - and if for some reason we do not secure a verdict in your favor, you won't owe us anything. This promise alleviates the financial stress of hiring a personal injury attorney; when it comes time to pay for our services, you will be able to do so out of the settlement you receive.

Contact Gibbons Law Firm For More Information

If you or someone you know has been injured at the hands of another, it is imperative that you seek assistance from an experienced personal injury lawyer. We offer free consultations for anyone seeking personal injury representation at the Lake of the Ozarks. Call (573) 348-2211 to schedule your free consultation today.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

Tips to Make Your Divorce Process Easier

Can a divorce be simple? Can a divorce be fast? Can a divorce be easy? While few people who have gone through a divorce will tell you no to these questions, the answer is yes. There are a number of key things that can be done to ease tensions and help make the divorce process as simple, quick and easy as possible. Gibbons Law Firm discusses some divorce process tips below. If you’re in need of a family law attorney at the Lake of the Ozarks, and would like to continue this discussion, schedule an appointment today.

Communication and Mediation

When a marriage ends, typically emotions run high and it can be difficult to remember important details, avoid conflict or find the personal compassion necessary to calmly navigate the divorce process. Sitting down and speaking with your spouse may seem like the last thing you want to do, but mediation can be emotionally beneficial for all parties involved. Writing a list of important personal concerns can be a helpful tool and guide as you take a step towards controlled communication with your soon to be ex.

Visit a Therapist

As you work on improving communication with your spouse, talking through your divorce process with a therapist can be helpful. Dealing with the emotional aspect of your divorce can be a challenge; the changes associated with divorce are often overwhelming and a neutral party can help you deal with the emotional problems you encounter.

Keep Children a Priority

As you and your spouse adjust to the challenges a divorce can bring, don’t forget to put the children first.  Avoid creating situations whereby children are positioned in-between adults in conflicts. Help children acclimate to the changes by doing your best to keep parental issues away from them. Instead, encourage them to have a healthy relationship with both parents, if appropriate.

Don’t Increase Your Debt

Divorce can be expensive. In addition to attorney fees, you will require finances to set up a new household. It may be difficult to come up with this income; therefore, it is wise to avoid increasing your debt by making unnecessary purchases or taking on additional credit.

Find a Lawyer You are Comfortable With

By finding a lawyer who is supportive and cooperative, some strain of the divorce process may be eased.  Once the divorce proceedings begin, your attorney will be help you achieve the best possible outcome.

Remember That Your Divorce Will End  

Divorce can be the beginning of a new and improved life situation for all. Together with your attorney, you have the power to make the process as conflict free as possible.

Softening the rough edges of divorce can take a lot of effort. By starting with the advice of a qualified, experienced attorney, you can start the process with the end in mind and focus on making your unique divorce as easy as possible. If you’re preparing for a divorce, contact our experienced divorce attorney at Lake of the Ozarks. We are honored to do all we can to assist you.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

Consequences of a DWI Conviction

Driving While Intoxicated (DWI), is the crime of operating a motor vehicle while impaired by alcohol or other drugs, to a level that you are incapable of driving the vehicle safely. Most people are aware that a DWI conviction can have serious implications not just to your driving record, but also your general quality of life. A suspended driver’s license, jail time, fines, probation, alcohol and drug treatment or in some cases, the installation of an ignition locking device or home alcohol monitoring system are some of the short term consequences. However, there can be long term effects of a DWI conviction as well. In today's blog, the best attorneys at the Lake of the Ozarks discuss a few of these long term consequences of a DWI conviction.

Keeping or Getting a Job

If your driver’s license is suspended or revoked, and driving is a requirement of your job, you may find yourself unemployed as a result of a DWI conviction. Having a criminal record can also affect future employment. Employers often conduct criminal background checks before hiring an employee and may discover your DWI. Having a tarnished driving record could play a factor in a potential employer’s decision.

Auto Insurance

As a result of a DWI, you may be classified as a high risk driver. It could be possible that your current insurance provider may cancel your policy or make you pay for a more expensive plan. Many insurance companies charge convicted DWI offenders up to three times more for coverage.

Education and Professional Licensing

Having a DWI conviction on your criminal record could disqualify a potential job applicant from obtaining certifications or licenses for certain professional positions. It could also make getting into particular colleges or educational programs difficult.

Personal Life

You may find dealing with upset family members and friends is emotional and embarrassing. They may cite concerns about your ability to be responsible and make good decisions. A DWI conviction can affect the way others view you, whether you have a problem with drugs or alcohol or not. Also, potential landlords and many volunteer organizations choose to run background checks and will be able to see your conviction.

Effects of a Felony

If a DWI conviction is a felony, the effects are extremely serious. You may lose personal liberties, such as your right to vote, right to purchase a firearm and right to obtain a passport.

The best way to avoid the above long term effects and consequences of a DWI is to not consume alcoholic beverages and/or other drugs and get behind the wheel of a vehicle with intent to drive. The risk is far too great and the potential to injure yourself and others is too high. If you have already been arrested for Driving While Intoxicated in Missouri, contact Gibbons Law Firm at the Lake of the Ozarks to understand your rights and the laws.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.

Divorce, Legal Separation and Annulment – What’s the Difference?

Given that the word “Divorce” is frequently mentioned when discussing the official separation of spouses, it is the term we largely refer to. However, there are other ways for couples to achieve a legal farewell, be it for a term or indefinitely. Going through a matter of separation can be difficult and the divorce attorney at  Gibbons Law Firm is here to answer your questions and talk about your options. Here, we will review the differences between divorce and annulment as well as legal separation.

What is a divorce?

A divorce, also known as a dissolution of marriage, is a legal procedure through which a valid marriage is ended. Following a divorce, your marital status will be returned to single and you can marry again. During a divorce, other matters such as child custody, child support, alimony and division of property can be addressed by a judge.

What are grounds for divorce?

The grounds for filing for a divorce include, adultery, routine drug or alcohol abuse and desertion. All states allow for a “no fault” divorce in which couples can simply state “irreconcilable differences,” meaning incompatibility, as a reason for their separation.

What is an annulment?

An annulment, also known as a nullity of marriage, is a legal procedure for declaring that a marriage is null and void. A court has cited that your marriage is not legally valid and that the marriage is to be considered invalid from the beginning, as if the marriage never took place initially.

What are the grounds for annulment?

Again, these laws vary from state to state, but typically, an annulment will be granted if the marriage was established under misrepresentation, fraud or force, there was a concealment of facts (like, being already married or underage), or if the spouses are closely related. Annulments are rare and the time limit varies by state. If your hope is to be granted an annulment, you will have to go to a hearing with a judge. 

What is legal separation?

A legal separation is an arrangement following a court order, by which the couple are still married but live apart. A legal separation does not end a marriage and you cannot enter into a new marriage while you are legally separated but not divorced.

When is legal separation an option?

A legal separation is often an option for couples that do not want to peruse a divorce, but choose to live apart. If a divorce is being deliberated or arranged, couples may need time to make decisions on money, property, custody and/or parenting concerns prior to the divorce proceedings. You may be able to amend the legal separation at a later date. With a legal separation, judges may make orders on things like child support, custody arrangements and domestic situations as they would in a divorce case.

There are options to consider when contemplating a future without a current spouse or partner. A divorce, annulment or legal separation may be needed in your circumstances and Gibbons Law Firm at the Lake of theOzarks assists clients with all types of family law. We can aid you in your case and provide you with the needed advice as you hope for a successful outcome. Please contact us and make an appointment today. 

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

Follow us on...

• Facebook
• LinkedIn
• Twitter
• Google+

No attorney-client relationship is created by the publication of this blog.