Most rules that apply to vehicles also apply to motorcyclists, in Florida. There are licenses to obtain and much of the same road rules to follow. In Florida, with the abundance of motorcycles, one must be vigilant when sharing the road. If you spot a motorcycle on the road you should give them extra space and know where they are at all times. And if you are driving a motorcycle and you are injured in an accident, contact a motorcycle accident attorney immediately.
Wednesday, October 25, 2017
Florida Motorcycle Road Rules | McMann Law, P.A. - Motorcycle Accident Attorney
Original Article: http://mcmannlaw.com/personal-injury/motorcycle-accident/florida-motorcycle-road-rules/
Most rules that apply to vehicles also apply to motorcyclists, in Florida. There are licenses to obtain and much of the same road rules to follow. In Florida, with the abundance of motorcycles, one must be vigilant when sharing the road. If you spot a motorcycle on the road you should give them extra space and know where they are at all times. And if you are driving a motorcycle and you are injured in an accident, contact a motorcycle accident attorney immediately.
Most rules that apply to vehicles also apply to motorcyclists, in Florida. There are licenses to obtain and much of the same road rules to follow. In Florida, with the abundance of motorcycles, one must be vigilant when sharing the road. If you spot a motorcycle on the road you should give them extra space and know where they are at all times. And if you are driving a motorcycle and you are injured in an accident, contact a motorcycle accident attorney immediately.
Wednesday, August 30, 2017
How Does The Divorce Process Work In Florida?
This article was written based on the information provided in the Official Florida State Statutes Chapter 61 Section 052 (Dissolution of marriage)
Author: James Skinner
Divorce can be quite a simple and easy process when both parties mutually agree and no children are involved. In a situation such as this one, divorce can be as simple as filing a form. In Florida, a couple can file for divorce as long as one of the individuals has been a registered resident of the state for six months.
In general, dissolution of marriage can be granted if one of the two conditions are met:
• the marriage is irretrievably broken
• one of the parties has a mentally incapacity
In the case of the marriage being irretrievably broken, the court will aim to confirm that the marriage is indeed irretrievably broken. As long as both parties agree to the divorce, the court will easily proceed. However, it will not be this simple if a child is involved or if the divorce is not mutual. Under these circumstances, the court will order both parties to consult with a professional such as a marriage counselor, priest/rabbi, or someone qualified by the court.
During this time, the court can draw the divorce out for up to 3 months to grant both parties enough time to reconcile. And in the case of a child being present, the court will take actions that are in the best interest of the child. Throughout this process, the court may determine that the marriage is not irretrievably broken and reject the divorce.
If the divorce process is being drawn out, the court may determine appropriate orders for issues such as alimony, child support, etc. Another important thing to know about having a divorce with children involved is that both parties will be required to attend a parenting course. This will help the parents create a parenting plan, learn how to put the child’s interests first, and ensure the child is raised in a healthy environment.
There is much more to divorce proceedings than this, and it is wise to read through the official Florida statute on this subject (provided above). It isn’t necessary to hire a divorce attorney for a simple dissolution of marriage. But you will most certainly want to consult with one if the divorce is not mutual, there are children involved, or there are disputes about assets, obligations, and custody.
Consider contacting the law office of Mark McMann, P.A. for an experienced divorce attorney in Lakeland Florida. You can reach the office by calling (863)-393-9010 or visiting our website: www.mcmannlaw.com.
Author: James Skinner
Divorce can be quite a simple and easy process when both parties mutually agree and no children are involved. In a situation such as this one, divorce can be as simple as filing a form. In Florida, a couple can file for divorce as long as one of the individuals has been a registered resident of the state for six months.
In general, dissolution of marriage can be granted if one of the two conditions are met:
• the marriage is irretrievably broken
• one of the parties has a mentally incapacity
In the case of the marriage being irretrievably broken, the court will aim to confirm that the marriage is indeed irretrievably broken. As long as both parties agree to the divorce, the court will easily proceed. However, it will not be this simple if a child is involved or if the divorce is not mutual. Under these circumstances, the court will order both parties to consult with a professional such as a marriage counselor, priest/rabbi, or someone qualified by the court.
During this time, the court can draw the divorce out for up to 3 months to grant both parties enough time to reconcile. And in the case of a child being present, the court will take actions that are in the best interest of the child. Throughout this process, the court may determine that the marriage is not irretrievably broken and reject the divorce.
If the divorce process is being drawn out, the court may determine appropriate orders for issues such as alimony, child support, etc. Another important thing to know about having a divorce with children involved is that both parties will be required to attend a parenting course. This will help the parents create a parenting plan, learn how to put the child’s interests first, and ensure the child is raised in a healthy environment.
There is much more to divorce proceedings than this, and it is wise to read through the official Florida statute on this subject (provided above). It isn’t necessary to hire a divorce attorney for a simple dissolution of marriage. But you will most certainly want to consult with one if the divorce is not mutual, there are children involved, or there are disputes about assets, obligations, and custody.
Consider contacting the law office of Mark McMann, P.A. for an experienced divorce attorney in Lakeland Florida. You can reach the office by calling (863)-393-9010 or visiting our website: www.mcmannlaw.com.
Monday, March 13, 2017
Distracted driving: Staying focused when on the road
It’s 7 a.m., and you
jump in your car to drive to work. You have every intention of driving safely,
but within minutes of merging onto the highway you’ve already checked your
makeup twice, fiddled with your radio, made two calls on your cellphone and
sent a text message to your spouse.
You might not have
realized it, but you’re a distracted driver.
Every time you take
your focus off the road, even if just for a second, you’re putting your life
and the lives of others in danger. Distracted
driving-related crashes are rising and already have caused at least 5,500
deaths and nearly 450,000 injuries in 2009, according to the U.S. Department of
Transportation. However, since many local law enforcement agencies don’t
routinely document distraction factors in crash reports, federal safety
officials believe the numbers are actually much higher.
What are the types of distraction?
There are three main types of distraction:
·
Visual: taking your eyes off the road;
·
Manual: taking your hands off the wheel; and
·
Cognitive: taking your mind off of driving.
Distracted driving activities
Distracted driving activities include things like using a cell
phone, texting, and eating. Using in-vehicle technologies (such as navigation
systems) can also be sources of distraction. While any of these distractions
can endanger the driver and others, texting while driving is especially
dangerous because it combines all three types of distraction.
“Driving a car is a
very complex task, it requires your complete attention. All it takes is a
glance away for more than two seconds and you can get into serious trouble.” says
Barbara Harsha, executive director of the Governors Highway Safety Association,
which estimates that distractions are associated with 15 to 25 percent of all
crashes.
Distracted driving is
any activity that takes your attention away from the road. When you drive every
day, distractions are more common than you think. From talking with passengers,
to eating, to turning around to check on fidgety toddlers, distracted driving
endangers you, your passengers, pedestrians and others. Driving is a great
privilege, but with that privilege also comes great responsibility.
Finding a distracted driving attorney in Lakeland
Florida can be challenging, but when you find one you will be glad you did. They
can provide you with detailed steps to take in order to protect your legal
rights. This can be anything from medical facility recommendations all the way
to auto-repair shops. Mark McMann, P.A. in
Lakeland FL is an Experienced Distracted Driving
Attorney that can help you on each step of the way.
Monday, February 27, 2017
Digital Estate Planning For Social Media Accounts When You Die
Many people wonder about what happens to your social media accounts when you die, but they never ask a lawyer. For those of you that have done this, you are in luck. Today we are going to answer all your questions about the legal process behind this and how you can make arrangements for this.
Property Rights & Asset Rights For Digital Estate
Unlike physical estate, digital estate laws are not up-to-date. When you consider how quickly social media took over, it is no doubt that lawmakers have not had time to create laws governing this property. One important thing to keep in mind is that when you sign up for an account with almost any web-service, you are agreeing to their terms of use. When you buy a song off of iTunes, it is yours, and yours solely. When you pass away, that digital right does not get passed down, it is terminated. This means the license to download it is only allowed to your account. Most social media websites follow similar rules. The content that is generated on the website by an account is property of the website owner, not the account holder in most cases.
Digital Rights Planning
With all of this in mind, it is important to keep track of all your digital accounts. When you pass away it is important that someone has access in order to take care of things. Think about someone that runs a digital business. Unless there is a special plan in place in the will, your family will have to hire an attorney to pull any money from an online payment platform such as Paypal or Google. Ideally you will find an estate planning attorney that will help guide you through all the steps. The benefit to this is that in the case of your untimely death, the attorney will be aware of the situation. They will be able to quickly help your family without having to waste valuable time finding an attorney.
Final Words
Digital media rights are commonly overlooked in will/estate planning, and it can cause huge issues for the family of the deceased. Being aware of the common problems and how to overcome them will make the situation much easier. Find an estate and will planning attorney to go over this with you. And contact an experienced digital estate-planning attorney in Lakeland FL, Mark McMann, P.A. will gladly help you with any questions you may have.
Friday, February 17, 2017
What You Need To Know About Florida's Medical Marijuana Policy
Last November, 71% of Florida voters decided to allow medical marijuana in our state. Since the amendment was accepted, much has happened that is important. Section 381.986 is very long and can be difficult to understand, so you can save time by reading a general summary of it. If you are interested in reading the actual statute, feel free to view the Florida Legislative Website here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0381/Sections/0381.986.html
All-in-all, the amendment has paved the way for future additions to the Florida law. It is best that you know the facts about the current laws so that you are well-informed. These laws will likely evolve in the near future, so be sure to continue following my blog to stay informed about updates. And be sure to contact Mark McMann, P.A. for any legal guidance in Lakeland FL.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0381/Sections/0381.986.html
Only Allows 'Low THC' Cannabis
The statute only mentions allowing low-thc cannabis which includes any form of marijuana that contains less than 0.8% THC weight by weight. While this may be changing, this is what the law states as of now.Tight Eligibility Requirements
One common misconception of this law is that there are many diseases/illnesses that make someone eligible for medical marijuana. This is not the case. The current requirements to be place on the 'compassionate use' list are terminal illnesses, and conditions that cause seizures or muscle spasms.Growing Requirements Are Extremely Tight
To be a grower of low THC marijuana, an individual must meet many requirements. They must have the financial ability to operate for no less than two years. The area of business must meet VERY STRICT guidelines for security, including 24 hour surveillance and requiring all employees to carry photo ID at ALL times. This list goes on, so be sure to read more if you are interested.Marijuana Is Not Decriminalized
Perhaps the most common misconception that people believe is that marijuana is now decriminalized. This is not the case though, the amendment had no effect on the criminal status of this offense. However many cities are adopting new policies on this offense, so consult your city's policy on this instead of the amendment.Final Words
All-in-all, the amendment has paved the way for future additions to the Florida law. It is best that you know the facts about the current laws so that you are well-informed. These laws will likely evolve in the near future, so be sure to continue following my blog to stay informed about updates. And be sure to contact Mark McMann, P.A. for any legal guidance in Lakeland FL.
Thursday, February 9, 2017
Reasons You Need An Experienced Personal Injury Attorney
We know how to gather and handle valuable evidence
How evidence is gathered is just as important as the evidence itself. A personal injury attorney will know the proper methods to gather supporting evidence, and how to handle it. If you do this on your own you risk tainting the evidence and ruining your case. Don't take these kind of risks because they can prove to be expensive.We understand the legal process
There is a special legal process for personal injury claims, and personal injury attorneys know this process better than anyone. From denying claims to proposing higher ones, its helpful to hire an attorney. They aren't tricked into making decisions that will affect your case. Whats even more helpful is hiring an experienced P.I. attorney. They can see right through scare-tactics the opposition will use.We can get you the maximum compensation
Many people are hesitant to go after maximum compensation, or they don't realize what maximum compensation is. Its important to know that once you reach a settlement, there is no going back. So if you accept a low amount, you will not be able to get any compensation if something goes wrong in the future. This is particularly important for injuries because there is no telling what the effect will be on your body in the future.Wednesday, February 1, 2017
Overview of Motorcycle Accidents
The law is clear on determining fault in most automobile accidents, however it can be difficult to assign fault in a motorcycle accident. It is a fact that approximately 2/3rds of all motorcycle accidents are the other driver's fault. With this in mind, it is important to seek legal representation immediately after a motorcycle accident.
Considering the fact that motorcycle drivers are much more susceptible to serious damage (bodily, vehicle, mental), there is a great chance that the motorcycle driver's loss is greater in an accident. When this is the other driver's fault you are entitled to compensation. After all, we must share the roadways. This means taking precautions and paying for the damages we cause others.
Finding a great motorcycle accident attorney can be challenging, but when you find one you will be glad you did. They can provide you with detailed steps to take in order to protect your legal rights. This can be anything from medical facility recommendations all the way to auto-repair shops. Mark McMann, P.A. in Lakeland FL is an experienced motorcycle accident lawyer that can help you on each step of the way.
Remember that it is every driver's duty to take precautions when driving. When a driver makes a careless mistake, they are responsible for the damages they cause. Protect your legal rights as a driver and an American and contact a motorcycle accident attorney if you have been in a wreck.
Friday, January 27, 2017
How to Have a Civil Divorce When a Child is Involved
Provided By: Mark McMann, P.A. Divorce Attorney Lakeland FL
No matter what
circumstances surround a divorce, it is important that you remain civil with
your ex-spouse when a child is involved. Children need both parents and it is
selfish to rob them of this. Make it your goal to follow these steps for your
child’s sake.
Stay away from predatory divorce attorneys
There are
countless divorce attorneys out there that will try to sway your opinion on the
divorce. Their goal is to convince you to go after money and property so that
they can take a large cut. They will not be looking out for your best
interests, so do your best to avoid them. Simply focus on finding an attorney
that has a track record of civil agreements during divorce and child custody.
Remember that your child needs both parents
It’s much easier
to remain civil when you focus on your child’s needs as opposed to your
feelings. Children will benefit from having both parents in their life. So if
you truly want the best for your child then you should focus on remaining civil
with your ex-spouse.
Try to understand your ex-spouses’ point of view
This can be
difficult for many, but you should really follow this step. There are always
two sides to a story and most people are not intentionally cruel to people they
love. Your ex-spouse likely feels the same that you do about the situation, so
keep this in mind when you are going through a divorce.
Don’t talk badly about your ex
If you talk poorly
about your ex-spouse, it sends many signals to your child that are confusing.
First it makes them ashamed to love their parent. It also diminishes their
respect for the parent which can cause many problems down the road. Follow the
golden rule in this situation…would you want your ex-spouse talking poorly
about you in front of the children?
Respect each others home rules
You and your
ex-spouse likely have different home-rules that you expect the child to obey.
It is important for a child to learn that they are expected to follow different
rules in different settings. As long as your child isn’t doing anything that
you consider seriously inappropriate, you should respect the ex-spouses rules.
Stay friendly
Always make it a
priority to remain friendly with your ex-spouse. If you can do this, then it
will make things much easier. All-in-all it comes down this rule. The child
will benefit from this as well, so make an effort to remain friendly.
Tuesday, January 17, 2017
The Importance of a Establishing a Will
First and foremost, a will
outlines the way you would like your property to be distributed after you have
passed away. With a will in place you can name the executor of the will, which
means you pick who is in charge of executing your wishes. This is extremely
important because you only want someone prepared for the job. If you have a
large amount of property and investments to be dealt with, you will definitely
want to have a will in place.
It is not essential to name an
attorney as executor of the will, but it is important that you choose someone
in good health. Also pay attention to laws across states if your executor lives
elsewhere. By speaking with an attorney about setting up your will, you can
have peace of mind that your will is secure. The person you choose can always
speak with an attorney to get assistance with any issues they may have.
The ideal choice is to go ahead
and create a will now, even if you are young and in good health. You can always
update your will but there is nothing you can do if it’s too late. Without a
will, the state steps in and makes decisions on your behalf. This isn’t
necessarily bad, but it is not helpful if you had specific wishes and trusts
you wanted in place.
All in all, you can never make
a will too soon. With some proper planning you can have peace of mind and know
that if anything ever happens to you, that your wishes will be carried out. For
help with creating a will, choosing an executor, or anything else it is best to
contact an attorney or specialist in this field. If you are looking for a Lakeland
FL experienced will & trust attorney, look no further than Mark McMann P.A.
You can contact him with any questions by calling (863) 393-9010.
Wednesday, January 11, 2017
Various Factors That Influence Who Gets Child Custody in Florida
If you are in the process of a divorce or considering
initiating one, it’s important that you understand how child custody is
determined in the state of Florida. This will help you make a logical decision
based on the facts.
![]() |
| Child Custody Disagreements |
The primary deciding factor is quite simple. The judge and
court prefer to place the child under the custody of a parent that is willing
to put the child’s needs above their own. What they are looking at is past
behavior, and your knowledge of your child’s day-to-day life. Do you know the
name of your child’s best friend? How about what time of the day your child
usually eats? The judge and court want to place the child in the care of the
parent that knows this information. Even if you are the bread-winner in your
family, if you spend all of your time at work and the other spouse is the
care-taker, they will have stronger grounds for custody.
They will also look at family relationships to determine
whether or not the parent has a strong and loving relationship with the child.
The court also looks at the relationship between you and your spouse. Are one
of you more willing to accommodate to the other’s schedule changes? This parent
shows that they want the child to have a relationship with the other parent, and
this is what the court wants to see.
What is interesting about Florida courts is that they can
divide up custody quite freely. By this I mean that one parent may be placed in
charge of certain aspects of the child’s life, such as health care. The other
parent may be given power over other aspects of the child’s life, such as
education. This all comes down to determining what is in the best interest of
the child. If you are in need of a ChildCustody Lawyer in Polk County FL, call McMann Law today for your free
consultation at (863) 393-9010.
Wednesday, January 4, 2017
Various Types оf Child Custody Cases
Provided By: Mark McMann | Divorce Attorney in Lakeland FL
Divorce is
stressful enough as it is, but when there is a child involved it gets even more
difficult. It is important that parents who decide to get a divorce remember
that they still need to do what is best for their children. During уоur initial
visit wіth уоur divorce lawyer thе subject оf child custody wіll bе brought uр and
which type of custody it is that you would like to have.
Joint
Custody
Thіѕ іѕ whеn
thе parents share equal rights аnd іѕ аlѕо knоwn аѕ shared parenting. Thе
parents wіll bе ordered tо prepare а schedule wіth mutual consent оr thе court
wіll іf thе parents саnnоt dо it. Whеn choosing thіѕ type оf child custody
thеrе іѕ ѕоmе thіngѕ thаt аrе tаkеn іntо consideration ѕuсh as:
• Thе
parents ability tо cooperate оn issues thаt аrе related tо thеіr children
• Thе
parents active involvement іn thеіr children's life аnd саn give thе proper
child care
Mоѕt оf thе
courts favor thеѕе types оf child custody cases bесаuѕе thеу bеlіеvе іt іѕ mоrе
beneficial fоr thе children tо hаvе а good relationship wіth bоth оf thеіr
parents. It helps tо reduce thе trauma tо thе child whеn thеу аrе separated
frоm оnе parent.
Sole custody
Thіѕ іѕ whеn
thе child custody case gіvеѕ full custody rights tо оnе parent but іn today's
world thіѕ type оf child custody іѕ rarely granted but thеrе аrе circumstances
whеn іt іѕ granted. Thе non-custodial parent саn bе gіvеn visitation rights
аlthоugh thеу mау bе supervised.
• Onе parent
іѕ knоwn tо hаvе іn indulged іn child neglect, unable tо provide proper care
fоr thе child оr indulged іn abuse
• Thе parent
hаѕ bееn thе primary caregiver fоr а long period оf time
•
Substantial proof іѕ gіvеn tо prove thаt а parent іѕ unfit
• Lack оf
parental involvement іn thе children's life оr nо strong parent-child bone
• Onе parent
іѕ prone tо alcohol оr drug abuse
• It іѕ nоt
іn thе child's bеѕt interest tо grant оnе parent sole custody
Temporary
Custody
Whіlе thе
divorce proceedings аrе gоіng оn thе family court саn give а ruling оn thе
child custody cases іf thе parents саnnоt соmе tо аn agreement out-of-court.
Althоugh thе ruling states thаt іt іѕ temporary custody, аftеr thе divorced іѕ
finalized іt іѕ uѕuаllу upheld аѕ permanent. Thіѕ соuld bе bесаuѕе changing thе
child custody ruling соuld adversely affect thе children аnd disturb thеіr
routine.
Thеѕе аrе
јuѕt thrее оf thе dіffеrеnt child custody cases thаt саn occur whеn parents
initiate divorce.
When dealing with divorce legal
issues or disputes, it is important to seek the legal advice and representation
of an experienced
divorce attorney or lawyer as soon as possible,
as the longer you wait to obtain legal representation may directly affect your
ability to achieve a successful outcome.
We provide professional divorce attorney & lawyer legal services in
Lakeland, Winter Haven, Bartow, and surrounding areas. We urge you to be
proactive in protecting your legal rights.
The firm takes great pride in its commitment to client service. Here, the
bottom line is less important than obtaining the best results for the client.
Call the firm and speak with Mark McMann at (863)-393-9010 to discuss your
options…and get the facts regarding child custody today.
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