Executive Summary: Under Alabama law, a person may be charged with DUI even if the vehicle was parked and not moving. Courts focus on whether the individual was in “actual physical control” of the vehicle under Alabama Code § 32-5A-191. Factors such as where the person was sitting, whether the engine was running, and where the keys were located may affect the case. DUI charges involving parked vehicles often depend Read More

Executive Summary: In Alabama, a family business may be considered marital property during divorce even if only one spouse formally owns it. Courts evaluate how the business was built, whether marital funds contributed to its growth, and each spouse’s role in its success. Alabama follows equitable distribution rules, meaning businesses are divided fairly rather than automatically split equally. Business valuation, Read More

Executive Summary: Hit-and-run accidents occur when a driver leaves the scene after causing a crash. Alabama law requires drivers to stop and provide information after an accident under Alabama Code § 32-10-1. Victims should call 911, gather evidence from the scene, seek medical care, and report the crash to their insurance company. Uninsured motorist coverage may help compensate victims when the responsible driver Read More

Executive Summary: Refusing a breath test in Alabama can lead to serious consequences under the state’s implied consent law. A refusal may trigger an automatic driver’s license suspension, and the refusal itself can be used as evidence in court. Police may still arrest and charge a driver with DUI based on other evidence such as officer observations or field sobriety tests. Drivers accused of refusing a breath test Read More

Executive Summary: Alabama courts evaluate a parent’s living situation as part of the “best interests of the child” standard used in custody decisions. Judges may review the safety of the home, who lives in the household, housing stability, available space for the child, and supervision arrangements. The goal is to ensure the child has a stable and safe environment that supports their well-being. Where a child Read More

Executive Summary: Dash cam footage can play a valuable role in Alabama accident claims. Video may show how a crash occurred, support a driver’s credibility, capture events after the collision, and help investigators determine fault. Under the Alabama Rules of Evidence, dash cam footage may be admitted in court if it can be authenticated. Preserving the original recording is important if the footage may be used in a Read More

Executive Summary: Civil protection orders, known as PFAs in Alabama, can limit contact, grant temporary custody, and require one spouse to leave the home during a divorce. They’re available when there are threats, violence, or harassment between spouses or co-parents. Protection orders can impact custody, property, and communication. Violations are criminal offenses. Whether you need protection or have been accused, Read More