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kevinszabojrplumbing · 7 months

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How to handle tenant complaints and disputes in Florida?

Embarking on the landlord journey in the Sunshine State demands more than just property keys; it requires a savvy approach to tenant relations. Navigating the labyrinth of tenant complaints and disputes in Florida demands a nuanced understanding of both the landlord's responsibilities and the legal framework governing these interactions. In this comprehensive guide, we'll unravel the complexities of fostering a positive landlord-tenant relationship amid challenges.

From deciphering Florida's landlord-tenant laws to implementing effective communication strategies, this guide aims to be your roadmap for addressing concerns promptly and efficiently. Whether you're a seasoned property owner or a novice landlord, we'll equip you with actionable insights to navigate tenant complaints, ensuring that your rental properties thrive within the bounds of the law. Join us on this journey, where practical solutions and legal compliance converge to create a harmonious renting experience for landlords and tenants alike.

Understanding Common Tenant Complaints

Before delving into resolution strategies, it's essential to be familiar with common tenant complaints. These can range from maintenance issues and property concerns to disputes over lease terms, noise disturbances, or conflicts with neighbors. Being proactive in identifying and addressing these concerns can prevent minor issues from escalating into significant disputes.

● Prompt Communication: Timely communication is key when tenants raise concerns. Respond to emails, calls, or messages promptly, expressing your commitment to resolving the issue. Open and transparent communication can often defuse tension and build trust.

● Routine Maintenance and Repairs: Regular property maintenance is crucial to preventing complaints. Address repair requests promptly, and consider implementing a proactive maintenance schedule to minimize potential issues.

● Clear Lease Agreements: Many disputes arise from misunderstandings about lease terms. Ensure that lease agreements are clear, comprehensive, and easily accessible to both parties. Thoroughly review terms with tenants before signing to avoid future disagreements.

Resolution Strategies

● Open Dialogue: Encourage open and honest communication. Actively listen to your tenant's concerns and work collaboratively to find solutions. Occasionally, straightforward communication has the power to clear up misunderstandings.

● Written Documentation: Document all communications, agreements, and actions taken in response to complaints. This written record can be valuable if a dispute escalates and legal intervention becomes necessary.

● Mediation Services: Consider utilizing mediation services to facilitate a resolution. A neutral third party can help mediate discussions, providing a structured environment for both parties to express their concerns and reach a compromise.

● Legal Consultation: If disputes persist, seeking legal advice is advisable. Consult with an attorney experienced in landlord-tenant law to understand your rights and responsibilities, ensuring compliance with Florida regulations.

Preventative Measures

● Regular Property Inspections: Conduct regular property inspections to identify and address potential issues before they become complaints. Taking preemptive actions can greatly diminish the chances of conflicts arising.

● Educate Tenants: Educate tenants about property rules, regulations, and expectations from the outset. This proactive approach sets clear expectations and fosters a sense of responsibility among tenants.

● Responsive Maintenance: Address maintenance requests promptly to demonstrate your commitment to maintaining a safe and habitable living environment. Prompt responses can enhance tenant satisfaction and prevent escalation.

Conclusion

Navigating tenant complaints and disputes in the Sunshine State requires finesse and adherence to the intricacies of Florida landlord-tenant law. By proactively addressing concerns, maintaining open communication, and staying well-versed in legal guidelines, landlords can foster a positive and compliant rental environment. Prioritizing resolution in accordance with Florida's landlord-tenant laws not only ensures a smoother process but also strengthens the foundation of a harmonious landlord-tenant relationship.

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naplesviberealty · 9 months

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Maximizing Returns: Expert House Rental Property Management Tips in Naples

Introduction:

When it comes to managing rental properties in the vibrant Naples real estate market, staying ahead of the game is essential. As a landlord or property owner, you want to ensure your investment thrives in this competitive market. In this article, we will explore key strategies and tips for effective house rental property management in Naples, Florida.

Local Market Insights:

To succeed in Naples’ real estate scene, understanding the local market is crucial. Discuss the various neighborhoods, their unique characteristics, and the type of tenants they attract. Provide insights into rental trends, property demand, and pricing strategies based on Naples’ specific dynamics.

Property Marketing and Advertising:

Highlight the importance of effective marketing techniques to attract potential tenants. Discuss the utilization of high-quality photographs, detailed property listings, and engaging property descriptions. Emphasize the power of digital marketing and online platforms.

Tenant Screening and Selection:

Explain the significance of thorough tenant screening. Discuss the criteria landlords should consider, including credit checks, rental history, and background checks. Share advice on selecting responsible and reliable tenants to minimize future issues.

Maintenance and Repairs:

Describe the proactive approach to property maintenance. Discuss regular inspections, prompt responses to maintenance requests, and the benefits of preventative maintenance. Mention local service providers and contractors for reader convenience.

Legal Compliance and Documentation:

Cover the essential legal aspects of property management, including lease agreements, security deposits, and eviction procedures. Keep readers informed about the latest local and state regulations regarding rental properties.

Financial Management:

Provide tips for effective financial management, including rent collection, budgeting, and handling unexpected expenses. Discuss the benefits of using property management software and financial tools tailored to Naples’ market.

Tenant Relations and Communication:

Share advice on maintaining positive tenant relationships. Discuss the importance of clear communication, addressing tenant concerns promptly, and fostering a sense of community within rental properties.

Adapting to Seasonal Trends:

Naples experiences seasonal variations in tourism and tenant demand. Explain how property owners can adapt their management strategies to capitalize on peak rental seasons while ensuring consistent income throughout the year.

Property Security and Safety:

Stress the significance of ensuring the safety and security of rental properties. Discuss measures such as security systems, adequate lighting, and safety inspections to protect both tenants and investments.

Exit Strategies:

Wrap up the article by discussing exit strategies for landlords, including selling properties, 1031 exchanges, or long-term investment strategies in the Naples market.

Conclusion:

In Naples’ vibrant real estate market, successful house rental property management is a combination of local expertise, marketing finesse, legal knowledge, and excellent tenant relations. By implementing these expert tips, landlords can navigate the Naples rental landscape with confidence, maximize returns, and enjoy a thriving rental property portfolio.

#BestAreastoInvestinProperty #BestAreastoInvestinPropertyinNaples #BestPropertyManagement #BestPropertyManagementinNaples

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adg4estatemanagement · 1 year

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Elevate Your Residential Property Management in Naples with ADG4

As a property owner in Naples, Florida, you know that managing residential properties requires time, effort, and expertise. From tenant screening to rent collection, maintenance to legal compliance, the responsibilities can be overwhelming. That’s where ADG4 comes in. As a professional property management agency in Naples, we are here to help you elevate your property management game and ensure your investment’s success.

Why Choose ADG4 for Your Residential Property Management in Naples?

Experience and Expertise: ADG4 has years of experience in the property management industry in Naples. Our team of seasoned professionals has extensive knowledge of the local market, rental laws, and best practices. We understand the unique challenges and opportunities of managing residential properties in Naples, and we leverage our expertise to deliver exceptional results for our clients.

Full-Service Solutions: ADG4 offers comprehensive property management solutions tailored to your specific needs. From marketing and tenant screening to lease agreements, rent collection, maintenance, and more, we handle every aspect of property management with precision and efficiency. Our goal is to make your life as a property owner easier and stress-free, while maximizing your rental income and maintaining your property’s value.

Tenant Relationship Management: We understand that happy tenants are the key to a successful property investment. That’s why ADG4 places great emphasis on tenant relationship management. We strive to provide exceptional customer service to our tenants, ensuring their needs are met promptly and professionally. Our team handles all tenant inquiries, maintenance requests, and lease renewals with the utmost care, creating a positive landlord-tenant relationship that promotes tenant retention and reduces turnover.

Proactive Maintenance Approach: ADG4 believes that preventive maintenance is the key to protecting your investment and minimizing costly repairs. Our team conducts regular property inspections, identifies potential issues early on, and addresses them promptly to prevent further damage. We work with trusted vendors and contractors to ensure that all maintenance and repairs are carried out to the highest standard, keeping your property in top condition and ensuring tenant satisfaction.

Cutting-Edge Technology: ADG4 stays at the forefront of property management technology, utilizing the latest tools and software to streamline our processes and provide transparent and efficient services. Our online portal allows you to access real-time financial reports, lease agreements, maintenance requests, and other important documents, providing you with full visibility and control over your property’s performance.

Legal Compliance: Naples has specific rental laws and regulations that property owners must comply with. ADG4 has in-depth knowledge of these local laws and ensures that all our property management practices are in strict adherence to them. From handling security deposits to navigating the eviction process, we make sure that your property is managed in compliance with all applicable laws, protecting you from potential legal disputes and financial penalties.

Customized Approach: At ADG4, we understand that every property is unique, and we tailor our services to meet your specific needs. Whether you have a single family home, a multi unit building, or a luxury condominium, we have the expertise to manage it effectively. Our team takes the time to understand your goals, preferences, and budget, and we create a customized property management plan that aligns with your objectives and ensures your investment’s success.

Partner with ADG4 for Premier Residential Property Management in Naples

With ADG4 by your side, you can enjoy peace of mind knowing that your residential property in Naples is in expert hands. We are committed to providing top-notch property management services that are transparent, efficient, and results-driven. Let us take care of the day-to-day responsibilities of property management, while you focus on enjoying the benefits of your investment. Contact ADG4 today to elevate your residential property management in Naples to new heights! Visit our website adg4companies.com to know more.

#Naples Florida Property Homes Sell homes Buy homes Real estate

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propertymanagementllc · 1 year

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Property Management in Tampa Florida

Property management is an important aspect of real estate ownership. Whether you are a landlord, property investor or homeowner, the management of your property can be a daunting task. In Tampa, Florida, there are many property management companies that provide services to help you manage your property efficiently. In this blog post, we will explore the various aspects of property management in Tampa, Florida.

What is Property Management?

Property management refers to the management of real estate properties by a third-party company or individual. The management company is responsible for the day-to-day operations of the property, including rent collection, maintenance, repairs, tenant screening and leasing. Property management companies can also handle the accounting and financial aspects of your property, such as tax payments, budgeting and reporting.

Why Property Management is Important in Tampa, Florida?

Tampa, Florida is a popular destination for both tourists and residents. The city has a thriving economy, with a growing number of businesses and industries. As a result, there is a high demand for real estate properties in the area, including apartments, condos, and single-family homes. Property management is essential in Tampa, Florida, because it helps property owners to maximize their rental income, maintain their properties, and attract quality tenants.

Benefits of Property Management in Tampa, Florida

There are several benefits of property management in Tampa, Florida. Some of these benefits include:

Increased Rental Income: Property management companies can help you to maximize your rental income by setting the right rent rates based on the local market conditions. They can also help you to attract quality tenants who are willing to pay higher rents and stay in your property for longer periods.

Reduced Vacancy Rates: Property management companies can help you to reduce your vacancy rates by advertising your property, screening potential tenants, and handling lease agreements. They can also handle the move-in and move-out processes, ensuring that your property is ready for the next tenant.

Maintenance and Repairs: Property management companies can handle the maintenance and repairs of your property. They can schedule regular maintenance, handle emergency repairs, and ensure that your property is in good condition.

Tenant Screening: Property management companies can screen potential tenants to ensure that they are qualified and reliable. They can conduct background checks, credit checks, and rental history checks to ensure that the tenants are suitable for your property.

Legal Compliance: Property management companies can ensure that your property complies with all the local, state, and federal laws and regulations. They can handle lease agreements, eviction processes, and ensure that your property meets all the safety and health codes.

#propertymanagement #rentalproperties #rentersincomes #Short-TermRentals #MultifamilyProperties #SmallMultifamilyProperties #Homeowners #propertymanager #PropertyInvesting

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actuallyservicedogs · 6 years

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So , my family has been working on moving for a while and during this time ive researched and organized what i needed in deciding that id be getting a service dog after we're settled . My question regards housing concerns . I read up on the federal and the state laws and know that SDs are not prohibited from no-pet housing locations , wouldnt count as a # in a limited amount of pets situation, and cannot be charged any pet fees but do you give the place a heads up before moving in, anyways ? 1/3

Just to avoid any conflict or confusion ? Or would it be better to just move the dog in ? We're moving to Florida and this is what im going off of in terms of legal argument : (b) An individual with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations provided for in this section, and such a person may not be required to pay extra compensation for such animal. However, such a person is liable for any damage done to the premises or to another person on the premises by the animal. A housing accommodation may request proof of compliance with vaccination requirements. According to this , it sounds like the only thing a landlord , leasing agent , etc. would be able to ask for is proof of vaccination . 3/3

I’d recommend not doing that. While the Florida law doesn’t mention it, according to the FHA, you should be telling your landlord that you have a service dog and they’re allowed to request a note from a doctor stating you need your service dog for a disability related need.

The Florida law doesn’t specifically disallow that. In fact, the way it reads to me, is that they’re actually restricting disabled people more by stating the landlord can ask for a vaccination record in addition to their federally protected right to ask for a doctor’s note. I’m not a lawyer so I can’t say for certain, but that’s the way in sounds to me.

-Jade

#asks #rromanse

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colemanaarohan1996 · 4 years

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renters insurance in ohio

BEST ANSWER: Try this site where you can compare quotes from different companies :cheapinsurecar.xyz

renters insurance in ohio

renters insurance in ohio and in the area (and in general, you’ll not be able to locate your nearest). To qualify you should be sure to consider the following: In a large insurance company with a lot of business and a lot of traffic, the business liability coverage needs to be high enough to cover those potential risks. In this instance, it may be a good idea to invest in a policy that can cover your liability and is easy to qualify for. The premiums of your policy will also be higher than others but your premiums remain the same. When you buy car insurance in Ohio, you should compare your rates to others in the state if you live in Ohio or the state in which he or she chooses to live. In the above guidelines you won’t be limited in the choice of which state you will live in: Your cost of premiums may also differ from those of an individual who chose a more affordable policy than a higher policy. For instance, you can buy in , or . renters insurance in ohio/mclaughlin in 2018. I have it through mclaughlin and they pay a lot which is why I just dropped everything off the back. If they do my agent for quotes, is something in my future for me that I won t be talking to (and not in his office) and they can keep making me go with different insurers. I am not a customer and am not sure if I want to just get the most expensive cover which would probably be better and save their money (or less if it costs about $5000) for just my 2 children if you can. I live in Michigan. So I am in my 20 s. i am a car insurance provider for 2 cars. My father is employed and this is my dad paying him off in 2018, but has just now been discharged from his position and is not getting any life time and is very uninsurable. do not like to get life insurance on a 1-car family. The people who work. renters insurance in ohioville or japan When you get a driver’s license, you must declare yourself as a driver before you can legally drive in the state. On the application, your driver’s license is basically a paper document that you fill out and keep for you, your spouse and your vehicle for up to three months. However, with most insurance policies, you will have to complete these steps before you drive in your state. Before you know it, a state’s insurance laws and regulations will be in place, and you will have to deal with potentially awkward situations when trying to prove to your state that you are insured. Many states will allow you to skip out on the registration part, and will let you stay covered until you can prove that an insurance policy is in place for you. Sometimes it’s a more hassle-free solution, but if you are unsure, talk to your insurance agent about your individual circumstances. If you are.

Renters insurance

Renters insurance, this coverage applies to any medical expenses and funeral expenses, even your cremation service. If you’re paying full cost, it can be worth your while. If your spouse has some serious health problems, the amount of coverage will be much higher. This insurance covers medical expenses as well as any funeral expenses, medical bills for any children with special needs, and funeral care and delivery expenses. Most funeral homes will not require any health questions when getting a copy of your insurance policy. However, if you have an individual that is disabled from work, this coverage will apply and can be particularly useful if you’re involved in an accident. If you are working and still need both health cover and funeral insurance, this can be a good mix of two options depending on how much coverage you need. The first is to buy an initial policy or buy new coverage. Make sure that you pay for everything upfront and keep your policy current if you fall out of need for care. There will be discounts.

Cheat Sheet: What Renters Insurance Doesn’t Cover

Cheat Sheet: What Renters Insurance Doesn’t Cover Renters Insurance covers you and your belongings that you’re not sure you’d leave behind. We’ll show you the best way to protect everything you have, including a renters insurance policy that gives you the extra peace of mind. Plus, many landlords require you to purchase renters insurance which comes with you in compliance with their rights to deny the renters who have you as a tenant. Our provides the best renters insurance coverage at the best price. And even if you do have coverage, we’ll find out exactly what it’s all about, so you don’t go through the paperwork of signing a policy without it, too. Renters insurance is designed to protect the things that make the homes, apartments and condos you live in, such as things like your phone or refrigerator, to the places where your possessions live. As a policyholder, any expenses that occur while living out of your home, such.

Average Annual Renters Insurance Premium in Ohio

Average Annual Renters Insurance Premium in Ohio. In Ohio, your own car insurance premium (presumably equivalent of the cost of insurance) is only the one type of cover you need when you drive. Your car insurance premium costs, according to your car insurance policy, is the amount you can spend before your insurance kicks in. You can buy more or less coverage than you need, according to your car insurance policy: For example, your policy may include $50,000 in . That means you could file for $50,000 worth of damage before your policy kicks in. For example, if you opt for a , then you d pay for $50,000 worth of damages before your insurance kicks in. Your car insurance policy may also include . Your lender may have a policy covering this additional cost. However, they must also tell you, in writing, about the cost of coverage you may need. The cost of insurance is determined by some common factors, such as your driving history, past claims, and the extent of liability. Ohio.

Homeowners insurance

Homeowners insurance rates vary depending on zip code and company, age of your house, where you live, your address, and even your driving record. Insurers typically charge higher rates in flood areas, which often cause serious damage. The average cost to rebuild your home and replace belongings after a major flood is about $300 per year, according to the U.S. Department of Housing and Urban Development. As a result, you might have to pay more for home insurance than you would for even the most modest home in the country. But just like with cars, you can get value and protection for your asset through homeowners insurance. Most auto insurance policies offer coverage for your car, truck, and other vehicles. But in most cases, you’ll have to buy . And most auto insurers may not cover you when you drive someone else’s vehicle. Check your policy to see what types of coverage are available. Car insurance comes in different dollars. If you’re found to be driving people who.

Most Expensive Cities for Renters Insurance Ohio

Most Expensive Cities for Renters Insurance Ohio, 2015, Insurance Rates, 2016, Homeowners Insurance Rate Trends, and more. There are a variety of specific categories that you must decide on to determine the cost of your renters insurance. The basic average cost of renters insurance is an average of $1,400 per month, while the greater cities are based on insurance and health care costs. This is why all people are looking for a comprehensive and affordable insurance policy. With most major companies, the renters can choose what level of coverage level best suits your needs. That is going to be one of the most important considerations when choosing your renters insurance coverage. What are the major considerations when you buy car insurance? You could be saving money but also facing a financial risk that will not last longer. When it comes to insurance coverage, Ohio has the cheapest insurers and also best policies. They are: Ohio renters insurance rates are a little higher than the national average of $1,400 per month. They are $900 more than the national average of $.

Want to know more about home insurance?

Want to know more about home insurance? Read our full guide here. Our homeowners insurance reviews look beyond just the home insurance rates and look beyond just the home insurance rates and look for other providers, like Progressive. There are other providers, but even Progressive homeowners insurance is a bit more comprehensive than Progressive home insurance rates. The company has some unique additions to the market that offer some unique elements, such as the ability to get a quote for a discount. However, it might not exactly have the best price, for example, and you might not be surprised to learn that you can get a better policy with Progressive. After this review, we decided to stop shopping for home insurance, and you might end up spending more money! Home insurance rates in Florida are high, and you might be worried about the cost of home insurance just getting a little bit more exposure. We take a look at the most common home insurance carriers in Florida, and which policy and coverage you’re eligible for..

5 Things You Might Be Getting Wrong About Your Renters Insurance

5 Things You Might Be Getting Wrong About Your Renters Insurance Coverage Your renters policy will help protect your personal property if you accidentally cause damage to it on your premises (while yours is safe and stable). However, it’s important that you are safe and stable if you damage someone else’s property or drive into their garage. If you have renters insurance, you’ll have to pay out-of-pocket when you file a claim. That’s especially the case if you have rental insurance, which will pay for property damage and the loss of personal property that’s not your fault for any damage you cause. Many renters insurance policies provide protection if your building gets damaged by fire, falling objects, freezing pipes, or other incidents. They also cover liability of any other person or family you may be responsible for in the event of an accident that injures them or damages their belongings. There are several reasons why you should consider purchasing renters insurance. First, it might be worth purchasing an umbrella policy that can.

Condo Unitowners insurance

Condo Unitowners insurance provides protection for property damage, bodily injury, lost wages, funeral costs, and outstanding bills over $3,000. Your unitowners insurance offers coverage for property and liability claims, as well as for uninsured and underinsured motorists and drivers with tickets. With unitowners insurance policies, you can file a claim by paying the towing, lodging, and hotel bills. With unitowners insurance, you pay the repair costs and hire the insurance company to insure your car that it was insured for 3 days as part of an incident. You can also file a claim if your car is damaged in a flood (a term used to describe how long it has stayed locked out of a flood zone) and the insurance company comes to us to file claims for damage caused by theft or a fire. In most scenarios, a unitowners policy can be added by paying the deductible. The deductable damage amounts would be the difference cost between your car’s interior and exterior parts of the covered vehicle. The deductible is.

With renters insurance, you will be able to replace what is damaged or stolen.

With renters insurance, you will be able to replace what is damaged or stolen. With rental reimbursement claims, all you pay out of pocket for repairs or rental vehicle expenses will be covered. What does renters insurance cover for renters insurance? Renters insurance will cover the cost of renting out your rental, hotel bills, hotel stays, restaurants, etc., and is designed to protect you from damage to your own property. Your belongings are covered for theft and damage done by you and that of the other driver, even if the damage was not accidental. The landlord has their own insurance company as a way for your belongings get damaged and even if they do not own one, they should be insured. There are different ways that renters insurance in California works, each with its own unique program for purchasing rental insurance. As mentioned before, the rental insurance that you purchased is only applicable to the actual rental. If something happens to your personal possessions, you will not be paid for such losses. However. If something happens to your vehicle or personal belongings, such as a fire or a large leak that causes.

9 Real Life Situations Covered by Renters Insurance

9 Real Life Situations Covered by Renters Insurance Co., a New York Life-based insurance company, and Real Life Insurance Company, a New York Life Company. If you’ve ever been involved in an accident where your car has been severely damaged by an uninsured driver, you might still be looking for a more affordable car insurance company. The good news is that a lot of car insurance companies are offering new car insurance discounts for drivers with a recent accident. This can make your insurance plans in a lot more effective. However, if you’re in an accident with a driver without car insurance, or even one that is insured with the wrong company’s policy, there are still out there. Although not every car insurance company is willing to cover a driver who is uninsured. If you’ve been in a crash in the past and you find out your policy is not covering your car completely, you can still use the auto insurance company’s rates. After all,.

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secondavenueblog · 4 years

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4 Ways a Property Management Company Can Make Your Life Easier

The lives of real estate investors and landlords are rarely simple or uneventful. It’s an occupation that requires dealing with a world of issues that can, and seemingly usually do, arise from every one of their properties. As such, anything that can make life easier for them by adopting and effectively handling much of that burden is likely to be considered an invaluable asset. That is exactly what an effective, reliable Tampa property management company does for real estate investors and landlords. Read on to learn more about four ways a top-notch property management company—whether in Florida or Chicago—can make life easier for investors and landlords.

Tenant Vetting and Screening The contributions of a property management company apply to every facet of the real estate rental process, including before tenants move in. Processing tenant or resident applications can prove an involved and tedious process. A reputable property management company handling the vetting and screening is saving the landlord or real estate investor a great deal of time. The experience they bring to the process also makes it likely their screening process will be thorough and reliable. Maintenance and Repair Requests When seeking property management, landlords and real estate investors should contract with a property management Jacksonville FL company that provides institutional service and quality to investors of any size. A property management company providing institutional quality will handle any repairs and maintenance requests and are likely to do so quickly and at a good rate. The resources at their disposal provide an institutional quality property management company access to thousands of vendors. It also allows them to standardize the approach to repairs and maintenance. Being relieved of the burden of finding contractors, vetting them, and paying them per-job rates certainly makes life easier for real estate investors and landlords. Tenant Issue Resolution The resources institutional quality property management companies can draw on apply to resolving tenant issues as well. The best among them will have systems and processes in place to field concerns, answer questions, and quickly respond to any issues that arise. In the best situations, institutional service allows local managers to provide 24/7 live resident support and same-day response time. Not having to personally hear and resolve tenant issues alone makes life easier for landlords and real estate investors. Additionally, prompt response time and thorough resolution of issues means happier tenants, and that means better tenant and resident retention. Legality, Compliance, Insurance, and More In addition to all of the other responsibilities accompanying property rental and real estate investment, there are all of the legal and regulatory concerns. Those include zoning issues, regulations and legal guidelines, code compliance, insurance, and more. Without a reliable property management company, real estate investors and landlords have to research and respond to all of those minutiae personally. Even the relatively straightforward tasks can still prove exceedingly time consuming. The top property management companies will have the expertise and experience to track, organize, and resolve all of those critical details. About Second Avenue Second Avenue has thrived in the property management space as a company that specializes in offering investors of any size institutional quality real estate investment resources. Second Avenue’s best-in-class service has led to the company’s establishment as the country’s largest provider of full-service single family rentals. They provide property buyers, sellers, and residential real estate managers cutting-edge, effective solutions. Additionally, Second Avenue provides its partners with institutional quality services, technology, and market density. Their dedicated team of local managers also provides partners 24/7 support and unparalleled rental services. With offices in the East, South, and Midwest US, from Miami to Chicago, anyone looking for property management Tampa can trust and should choose Second Avenue. For leading residential real estate investment and property management, partner with Second Avenue, at Secondavenue.com Original Source: https://bit.ly/2CSATwr

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lawofficeofryansshipp · 2 months

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Navigating Commercial Evictions: Essential Guidance for Florida Landlords

Florida Commercial Eviction Lawyers Are you a commercial property owner or landlord in Florida grappling with non-paying or non-compliant tenants? As a Florida real estate attorney focusing on commercial evictions, I’m here to provide you with strategic legal support to safeguard your property and financial interests. Navigating the eviction process can be daunting, but with my expertise and…

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kevinszabojrplumbing · 7 months

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How to handle tenant complaints and disputes in Florida?

Understanding Common Tenant Complaints

Resolution Strategies

Preventative Measures

Conclusion

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melissawalker01 · 4 years

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Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

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DUI criminal records may be a valuable source of criminal background history information about a person for someone like a prospective or current employer, insurance companies, universities, professional licensing entities, or whoever wishes to look up specific facts on DWI convictions or may be running a criminal background check against the DUI offender. Even if criminal information on someone has long been sealed or erased from other types of public records since long time ago, a DUI record may still contain it. Forever. The point is too many people fail to realize a DUI conviction will not clear from their criminal record automatically after a certain number of the years, be it even misdemeanor DUI charge, for DUI expungement is a civil action requiring plaintiff’s petition. DUI is the kind of record that can keep to appear on a person’s criminal record forever unless proper and required steps are taken towards its expungement. Moreover, not all states allow clearing record of driving under the influence, and some will have it done if certain requirement met only. The general advice for the offenders is to consult their lawyer and get instructions on how it is possible to work proactively trying to clear your DUI conviction record. If you discover it’s impossible, you should at least make a bit of your own investigation to have an idea what exactly your prospective employer or landlord or someone else could discover when you consent to submit to a background check.

Another useful thing to know is that normally both DMV and the court will have a DUI criminal record on file. Many people fail to realize that deleting the record from court files doesn’t mean automatic expungement from the police DUI record maintained by DMV, and vice versa.

Again, if you are an offender wishing to have your DUI record expunged, you should do that only with the help of a qualified lawyer specializing in the matter. Contact your DIU lawyer still before spending your time and money what possibly can’t be done. For the moment of writing this review, DUI records expungement was 100% possible in California and Utah, as well as there were chances for DUI record sealing in Nevada; certain expungements were possible in Minnesota. In Florida, New York, Washington and Texas, DUI expungement is possible if the case is dismissed, vacated, set aside or terminated in any other way. The DUI related legislature changes quickly, so don’t get into despair if your state is not on the list. The things may change.

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Even if DUI regulations and laws, as well as DUI records expungement standards differ from state to state, the requirements determining whether offender’s DUI record can be cleared or not, are very similar and normally they take into account the following:

• The time that passed since the conviction before expungement application was filed; • Any incidents while driving after the conviction took place; • Type of the offense, gravity of the consequences etc. • Compliance with the terms of sentence.

Driving Under the Influence (“DUI”) is a unique crime in American society because, quite literally, it is the one crime that almost any adult citizen can find himself or herself charged with. Alcohol is served at virtually every restaurant or evening social event. Every day thousands of otherwise-law-abiding citizens leave such events and drive away even though they are technically “under the influence” of alcohol.

The fact is that most adult Americans drink alcohol on at least occasional situations. And, most adult Americans live in non-urban areas where taxicabs and public transportation are not easy options, particularly in the evening hours. Everyone knows that it is preferable to have a “designated driver” who is not drinking and can drive you home. Everyone also knows that driving under the influence is illegal and can have severe ramifications. The reality, however, is that every day good and honest people find themselves charged with DUI.

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

For many people charged with DUI, the arrest process is truly terrifying and dehumanizing. Many (or most) DUI defendants pride themselves on being productive and positive citizens, so being handcuffed and treated like a criminal can be a life-altering experience. A DUI arrest is less overwhelming and intimidating, however, when people have a basic understanding of DUI law.

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A person may be charged with DUI if he or she drives a motor vehicle on a roadway under the influence of alcohol or drugs. Police may stop a car for suspicion of DUI only if they have “probable cause” to believe that the driver has committed a crime or violation. Police may not randomly stop a car for no reason (although in the case of properly established “sobriety checkpoints, the police are permitted to stop every car that passes the checkpoint).

The type of “crime” which can justify a police vehicle stop includes potential violations of the vehicle code (traffic violations) such as speeding, straddling a lane, turning with a wide radius, following another car too closely, braking erratically or driving at night with the headlights off. The police may also stop a vehicle if the registration or inspection is out-of-date (based on dated stickers on the car) or if they input the license plate into their computer system (which they are allowed to do) and there is some problem with the vehicle registration.

Utah DUI

law has a three-tiered punishment system depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of.08 to.099 percent. More severe penalties apply for those who drive with a blood alcohol content from.10 to.159 percent, and the harshest punishment applies to those with a blood alcohol content of.16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle (although exceptions exist for this two-hour “requirement”).

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People who “refuse” or decline to take a blood-alcohol test upon request of the police are deemed to be in the highest blood-alcohol content tier. Utah is one of the few states that has a “per se” law with respect to driving under the influence of various drugs. This means that if a person charged with DUI has any measurable amount of drugs in their system (even if the drug was ingested days or weeks prior to the arrest), they are punished as if they were in the highest alcohol level. Despite this “per se” law, some District Attorneys offices do have minimum levels for certain controlled substances and will not prosecute someone who drives with an amount in their system below these levels.

DUI Investigations After Police Are On The Scene

Police officers are taught that once they encounter a person who they suspect has been driving under the influence (which is typically after a traffic stop or arriving at the scene of an accident), they should conduct an appropriate investigation to confirm whether the person was driving under the influence. District Attorney’s offices want such investigations to be thorough and legally appropriate so that they can prove the case if it proceeds to trial.

The first stop in conducting such an investigation is typically to engage the driver in Standardized Field Sobriety Tests. Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970s for the National Highway Traffic Safety Administration (“NHTSA”). The purpose of this research was to develop standardized tests which would provide a reliable method of determining whether a person is intoxicated based on field sobriety tests.

The NHTSA has concluded that three tests, if systematically conducted according to strict guidelines, can predict whether a person may be under the influence of drugs or alcohol. The only three field sobriety tests approved by the NHTSA are the Horizontal Gaze Nystagmus (“HGN”) test, the Walk-and-Turn test the One-Leg Stand test.

Police officers should be trained to look for established “scoring factors” or “clues” which must be evaluated in determining whether or not intoxication exists. A finding of intoxication should only arise once a certain number of clues are identified. If less then the certain level of clues are identified, the officer should conclude that there a high degree of probability of non-intoxication.

For cases that proceed to trial, it is important for defense counsel to carefully question police officers with respect to their field sobriety test training and adherence to NHTSA protocols. If a police officer is unsure of these protocols and/or the NHTSA-approved indicator system, his or her conclusions can lose credibility with a judge or jury.

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Horizontal Gaze Nystagmus (“HGN”) Test

Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes rotate in the socket. In theory, a sober person can visually follow a moving object smoothly and without nystagmus (“stopping and starting” of the eyeball). Nystagmus is typically exaggerated when a person is under the influence of alcohol, resulting in a jerking motion as the eyes rotate. In the HGN test, the officer slowly moves an object such as a pen or small flashlight back and forth in front of a person’s eyes and observes the actual eye movement. The examiner looks for three indicators of impairment with respect to each eye: (1) if the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset of jerking is within 45 degrees of center. The NHTSA has concluded that if, between the two eyes, four or more indicators are present, the subject likely has a BAC of 0.10 or greater.

It is important to note that even the NHTSA acknowledges that the HGN testing correctly classifies approximately 77 percent of suspects. Accordingly, the HGN test will result in many false positives and cannot be considered a reliable indicator of intoxication. Indeed, the HGN is not admissible in Utah courts although police are permitted to use the test to establish probable cause to arrest. People taking certain prescribed medication may also “fail” the HGN test even though they are not intoxicated.

Walk-and-Turn Test

In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line and then turn on one foot before returning in the same manner in the opposite direction. The examiner is taught to look for seven possible indicators, or “clues”, of impairment. If two or more clues are identified, a person is considered to be likely intoxicated.

Significantly, the NHTSA concedes that only 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. Additionally, a person may have some reason unrelated to intoxication — such as a physical disability, high-heeled shoes, naturally poor balance — that makes it more difficult to complete the test. It is very important to point out these issues to a judge or jury when a case goes to trial.

One-Leg Stand Test

In the one-leg stand test, a person is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand-one, one thousand-two, etc.) until told to put the foot down. The NHTSA protocols call for the examiner to observe the subject for 30 seconds. The officer looks for indicators of impairment including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

The NHTSA itself admits that only 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. And, like the walk-and-turn test, there are many factors other then intoxication that can make it difficult for a person to stand on one foot for 30 seconds. Certainly there are many people who cannot stand on one leg for 30 seconds under any circumstances.

In analyzing the strength of a DUI case, it is important to carefully examine field sobriety test evidence. In many cases, police officers do not administer the test in full compliance with NHTSA guidelines. Cross-examining police officers with NHTSA protocols or even the police department’s own training manuals may expose a lack of knowledge and understanding in conducting these tests. At trial, all of these factors must be fully explored so that a judge or jury understand the fallibility of field sobriety testing.

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

content (i.e., a breath test or a blood test) unless there are “reasonable grounds” to believe that the driver was operating a vehicle under the influence of drugs or alcohol. As described above, the police use field sobriety tests to help develop “reasonable grounds” to submit motorists to chemical testing.

By law, people who drive a vehicle in Utah are deemed to have given their consent (agreed) to provide a breath, blood or urine sample when requested to do so by the police if (and only if) the police have reasonable grounds and have arrested the person for DUI. Motorists who refuse chemical testing (assuming reasonable grounds to arrest exist) will have their license suspended for at least one year by UDOT, and the fact that they “refused” the test may be used against them at trial.

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From a defense standpoint, it is important to carefully examine whether the police appropriately developed “reasonable grounds” to believe a driver may have committed a DUI. Where “reasonable grounds” are found not to exist, all subsequent chemical testing may be suppressed.

Alcohol is absorbed into the body through the stomach and small intestine over time. Alcohol has no physiological effect on the body or brain until it is absorbed into the blood stream. The rate at which alcohol is absorbed into the blood stream depends on many factors including the type of alcohol and whether the person has a full or empty stomach. Food in the stomach significantly delays the absorption of alcohol and reduces the peak level of blood-alcohol content. Regarding the type of alcohol, the ingredients in beer act almost like a food and delay the absorption of the alcohol as opposed to liquor or wine. Alcohol is eliminated from the body at approximately 0.015 % per hour.

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Utah law requires employees at to withdraw blood samples on DUI suspects unless there are emergency situations at the time the request is made. Utah law also requires that blood (and urine) tests be performed at licensed and approved clinical laboratories using approved testing methods and equipment.

It is important to carefully examine blood test results to determine if the variance or margin of error may include the possibility that the true blood-alcohol content was in a lower tier or below 0.08 percent altogether. If a person’s blood-alcohol content is tested to be, say, 0.10 percent, no toxicologist (or prosecutor) can say with any certainty that the person’s actual blood alcohol concentration was above or below this level. Virtually every toxicologist will concede that there is a variance of 3 to 10 percent within which the actual blood alcohol content would likely fall. Importantly, the Department of Health requires laboratories conducting blood-alcohol testing to test within 9 percent of a “known sample” in order to maintain their accreditation. Accordingly, many toxicologists contend that the margin of error of blood testing at such accredited labs should be presumed to be no less that 9 percent.

Even if someone elects to seek admission into the Accelerated Rehabilitative Disposition (ARD) program or plead guilty to DUI it is important to evaluate whether the documented blood-alcohol content can be reduced using a margin-of-error analysis. Anyone charged with DUI should carefully review all of these issues with an experienced criminal defense attorney.

Breath Testing

Police frequently test blood-alcohol content by subjecting the motorist to a “breathalyzer” machine. These machines are different from — and much more sophisticated than — the “portable breath test” units police use to test blood-alcohol content at the scene of the stop. To be admissible at trial, breath tests must be conducted in conformity with regulations set forth by UDOT. These regulations require the machine to be regularly calibrated and the person operating the test to be appropriately certified. Additionally, the regulations require that two breath test samples be taken which must be within 0.02 percent of each other. A failure of the police to comply with any of these regulations can result in the results being suppressed (ruled inadmissible) at trial.

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

People charged with a first offense DUI in Utah may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. ARD is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice system.

Admission into the ARD program results in no jail time and a greatly reduced license suspension. District Attorneys’ offices are permitted to have their own unique criteria and conditions for admission into an ARD program. It is important to understand that cases that may qualify for ARD in one county might not for another. It is also important to understand the procedures defendants must follow in each county to be eligible for ARD. While some ARD terms and conditions are negotiable, there are certain terms and conditions that are imposed by statute and are non-negotiable. A person admitted into ARD must serve six to 24 months of non-reporting probation and will have to attend and successfully complete Alcohol Highway Safety School, undergo a Court Reporting Network (CRN) drug and alcohol evaluation and pay certain fines and costs.

Once a person has successfully completed the ARD program, the criminal charges are legally dismissed. The person may then file a petition with the court to have all records of the arrest expunged from his or her criminal background history report.

It is important to note that when a person is charged with DUI following an accident with injuries or property damage, or if a person has an extremely high blood alcohol level, he or she may not be entitled to admission into the ARD program.

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and © arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

Was the person read his rights / Miranda warnings? Incriminating statements may be suppressed if the proper Miranda warnings were not given at the appropriate time if a person was subjected to custodial interrogation. Miranda warnings are usually not an issue in DUI prosecutions because prosecutors rarely seek to use a person’s words against them at a DUI trial. However, if the prosecutor does seek to use the person’s words at trial, the Miranda warnings can become an issue.

Was a person appropriately informed of the Implied Consent warnings? If the officer did not advise a person of the consequences of refusing to take a chemical test as part of a DUI investigation, or provides inadequate or incorrect information, then any suspension for failing to take such a test can be avoided.

Did the person truly appear to be “under the influence”? At a DUI trial, a police officer is generally allowed to offer his or her opinion regarding whether a driver was intoxicated. Naturally, an officer’s observations and opinions in this regard can be cross-examined. Appropriate questioning can include (1) the nature and circumstances surrounding any field sobriety tests (was the weather a factor? did the defendant have any pre-existing medical issues? was the defendant wearing shoes or clothing that affected field sobriety testing) (2) the subjective (and perhaps predisposed) nature of what an officer considers as “failing” a field sobriety test, (3) whether the officer complied with standardized field sobriety guidelines, and (4) whether the field sobriety tests were witnessed by any third party or videotaped by the police.

Was the person’s blood-alcohol concentration tested accurately and appropriately? There are a wide range of potential issues with blood, breath and urine testing for blood-alcohol content. Blood testing involves a recognized margin of error and variance which must be considered in evaluating test results. Many toxicologists contend that the margin of error of blood testing at state-accredited labs should be presumed to be no less than 9 percent. With respect to breath tests, some toxicologists maintain that the margin of error ought to be considered at 10 percent. Most toxicologists agree that it is also important to understand the physiological makeup of the person charged (male or female, height and weight) before offering a final opinion on the appropriate margin of error or variance with respect to blood alcohol testing.

• Driving Under the Influence is a charge that can affect almost anyone. Most people drink alcohol at least occasionally and live in areas where taxicabs and public transportation are not always a realistic option. The result is that many people find themselves, at some point in their lives, driving an automobile after consuming alcohol.

• A DUI charge is almost always a traumatic and upsetting experience to the person charged. Many DUI defendants are good and law-abiding persons who are not used to being charged with a crime or being required to appear in court.

• Fortunately, our law recognizes that people charged with a first-offense DUI frequently deserve a second chance at a clean criminal record. With the availability of first-time offender’s programs such as ARD, many people in our society have been charged with DUI, navigated through the system, and emerged from the process to live productive and fulfilling lives.

• It is important for anyone charged with a DUI to have a basic understand of the law and the available rights and options. Armed with this information, and appropriate legal representation, persons charged with DUI can address the charges in a responsible way and ultimately put the entire experience behind them.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/190979886225

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mayarosa47 · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

Utah DUI

DUI Investigations After Police Are On The Scene

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

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from https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/does-a-dui-show-up-on-a-background-check-before-conviction

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asafeatherwould · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI law has a three-tiered punishment system depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of.08 to.099 percent. More severe penalties apply for those who drive with a blood alcohol content from.10 to.159 percent, and the harshest punishment applies to those with a blood alcohol content of.16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle (although exceptions exist for this two-hour “requirement”).

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol content (i.e., a breath test or a blood test) unless there are “reasonable grounds” to believe that the driver was operating a vehicle under the influence of drugs or alcohol. As described above, the police use field sobriety tests to help develop “reasonable grounds” to submit motorists to chemical testing.

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

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Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

aretia · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C <span itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes

coming-from-hell · 4 years

Text

Does A DUI Show Up On A Background Check Before Conviction?

The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check.

youtube

It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants.

Utah DUI Law

youtube

Utah DUI

youtube

DUI Investigations After Police Are On The Scene

youtube

Horizontal Gaze Nystagmus (“HGN”) Test

Walk-and-Turn Test

One-Leg Stand Test

Blood Alcohol Testing

Utah state law provides that the police may not perform a chemical test of a driver’s blood alcohol

youtube

The two most common chemical blood tests are blood testing and breath testing.

Blood Testing

Breath Testing

As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content.

Accelerated Rehabilitation Disposition Program (ARD)

Typical Defenses to DUI Charges

Naturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories:

Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Did the police have probable cause to stop the vehicle and question the defendant? The police need to have probable cause to stop a person’s vehicle, question that person and conduct a subsequent investigation unless a Constitutionally-recognized exception applies. Generally speaking, evidence will be suppressed in a DUI case if the officer did not have probable cause to (a) stop the vehicle, (b) detain the person, and (c) arrest that person. Sobriety roadblocks can present an exception to the “probably cause” standard and present a different set of legal and factual issues.

DUI Lawyer Free Consultation

When you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Do You Have To Pay Back A Loan Modification?

What Happens To Separate Property At Death Of A Spouse?

Family Lawyer Grantsville Utah

Can A DUI Be Reduced?

Bankruptcy Lawyer Woods Cross Utah

Divorce Lawyer Herriman Utah

Source: https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/

0 notes