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]]>The partition ratio is typically expressed as the ratio of the concentration of alcohol in the blood to the concentration of alcohol in the breath. The average partition ratio used in most breath alcohol testing devices is 2100:1, although this ratio can vary slightly among individuals and can range from about 1800:1 to 2400:1.
Here’s how the partition ratio works in breath alcohol testing:
The accuracy of breath alcohol testing relies heavily on the consistency and reliability of the partition ratio assumption. However, it’s essential to recognize that the partition ratio is not universal for all individuals and can vary based on factors such as age, sex, body composition, and medical conditions. As a result, breath alcohol testing provides estimations rather than precise measurements of blood alcohol concentration.
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]]>It’s generally recommended to review your will periodically, especially after significant life events such as marriage, divorce, the birth of children or grandchildren, or the acquisition or sale of major assets. If any of these events occur, or if it’s been several years since you last updated your will, it’s a good idea to consult with a qualified estate planning attorney to ensure that your will accurately reflects your current intentions and circumstances.
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]]>Planning for your divorce: 9 tips – your attorney will thank you. Treat this like a war. Divorce is not a single battle. It is a process and you need to plan to win.
1. Gather the docs.
2. Secure the docs
3. Inventory the personal property
4. Place values on things (real values not pie in the sky)
5. Move things you cannot afford to lose to the safe place you identified
6. Absolutely do not start liquidating property
7. Get a PO Box
8. Open a separate bank account
9. Information security
Bonus:
10. Close unnecessary accounts and cards
11. Budget, Budget, Budget
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]]>The post 3 Ways Science Impacts DWI/DUI Defense appeared first on Nolan Law Firm.
]]>Avogadro’s law affects the veracity of every breath test conducted. Avogadro’s law states that, “equal volumes of all gases, at the same temperature and pressure, have the same number of molecules”. For a given mass of an ideal gas, the volume and amount (moles) of the gas are directly proportional if the temperature and pressure are constant.
Avagadro’s Law informs us that aside from volume, the primary two variables impacting every breath sample are temperature and pressure. Those three variables are different for every person taking a breath test, which means that every sample will be scored with different criteria. Let’s look at the variables.
“Keep blowing. Blow. Blow”
The officer sounds like a cheering squad. And why wouldn’t he? He is cheering for you to go to prison. It is all about the volume of air. Most breath testing machines have a pressure transducer to measure volume — but did you know that the pressure transducer is not an item checked during calibration or regular maintenance service? Very few law enforcement officers who have been trained on the machine even know what the pressure transducer is and fewer still know where it is supposed to be on the machine. A recent review of the pressure transducer of 231 of Florida’s Intoxilyzer 8000s has revealed that 40 percent of them record the wrong breath volume. Breath volume is a critical factor in determining blood alcohol content based on breath.
Why is volume so important?
The breath test machine uses either a fuel cell or an infrared cell, which passes infrared energy through the sample and measures the unabsorbed energy. Ethanol absorbs infrared energy. Then the software calculates the difference, applies a formula known as Henry’s Law and issues a number.
Henry’s Law states that in a closed system, at any given temperature, the concentration of a volatile substance in the air above a fluid is proportional to the concentration of the volatile substance in the fluid. (For the science minded: Wt. of Alcohol per Volume of Air = K/ Wt. of Alcohol per volume of Water)
This is also described as the partition ratio. The average temperature of breath as it leaves the mouth is 34 degrees Celsius, according to breath machine manufacturers. At that temperature, research demonstrates that 2,100 milliliters of deep lung air contain about the same quantity of alcohol as one milliliter of arterial blood. Accordingly, breath alcohol instruments calculate the amount of ethanol per 210 liters of air. And they are testing for just .08 grams of ethanol in 210 liters of air. Ironically, other research has shown this partition ratio to be inaccurate in calculating blood alcohol levels.
Research by Dr. Michael Hiastala of the University of Washington School of Medicine found that the average directly measured partition coefficient for alcohol in blood at 98.6 degrees Fahrenheit is 1756:1, not 2100:1. Also he discovered that blowing a volume beyond the minimum required for a breath testing device results in an increased breath alcohol reading and a lower blood-to-breath partition ratio.
More volume = lower partition ratio = higher breath alcohol result.
Pressure affects the breath test in several ways. First as mentioned above, pressure is one of the constants required under Avagadro’s Law. Second, changing pressure results in temperature changes, the affect of which we’ll discuss in the next section. Finally, a higher pressure blow — especially toward the end of your lung capacity — significantly increases the chances of expelling droplets of spit or condensed vapor as a result of the rapid cooling from pressure changes between the lungs and machine. Colder air cannot support the same humidity levels.
First, the volume of a gas (210 liters) will have have the same number of molecules at the same temperature and pressure. When you change temperature or pressure you also change the volume or the number of molecules within that volume. The amount of ethanol being searched for is minuscule; so even a small increase in the number of molecules in the sample can have a big impact on the results.
Remember as we move into the temperature section, that nothing in the system acts independently. A change in temperature must either affect volume or pressure. An increase of only one degree Celsius (1.8 degrees F) can increase test results by 7 percent.
Dr. Hiastala first stated the possibility of a 7% increase in breath-alcohol test results in 1985. Based on Dr Hiastala’s findings, the partition ratio for alcohol in the blood is affected by the actual body temperature compared to the normal body temperature. A healthy individual may fluctuate 1 degree Celsius (1.8 degrees Fahrenheit) from the average of 37 degrees Celsius (98.6 degrees Fahrenheit).(Physiological Errors Associated with Alcohol Breath Testing, 9(6) The Champion 18.)
Those of us from humid places understand that with heat comes humidity. The warmer the air, the greater amount of moisture that it can absorb. Think about the dry winter air up North. Temperature, and humidity as a result of that temperature, can significantly affect the 0.000038095 grams of ethanol per milliliter they need to prove you are over the limit.
The difference between Henry’s Law and Dr. Hiastala’s research is:Henry’s Law is based on a partition ratio of 2100:1. This is the ratio used by formula in the breath test machines. As we learned earlier, Dr. Hiastala, with the University of Washington Medical School, placed that ratio more accurately at 1756:1
At 2100:1 The legal limit of .08 equals 0.000038095 grams of ethanol per milliliter of air
At 1756:1 The legal limit of .08 equals 0.000045558 grams of ethanol per milliliter of air
The difference between the two equates to the machine testing 17 percent higher than your breath result actually is. Add in a slight increase in body temperature (1.8 degrees) and your breath test result is 24 percent higher than it actually is. There is no way to account for the difference due to increase lung capacity or a higher volume being delivered — other than to say — we can comfortably say the possibly increase is at least one percent.
So your breath test may be incorrectly reporting your breath alcohol by 25 percent higher than it should be. Something you know because of science.
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]]>The post Understanding the Basics: Unveiling the Importance of Trusts in Estate Planning appeared first on Nolan Law Firm.
]]>Introduction
Estate planning is a comprehensive process that goes beyond merely distributing assets among heirs. It involves a strategic approach to safeguarding and managing your wealth, ensuring that your wishes are carried out seamlessly. Among the myriad tools available for effective estate planning, trusts stand out as a versatile and powerful instrument. In this blog post, we’ll delve into the fundamental concepts of trusts, unraveling their importance in the realm of estate planning.
At its core, a trust is a legal arrangement in which a person (the grantor) entrusts their assets to another person or entity (the trustee) for the benefit of one or more individuals (the beneficiaries). Trusts can take various forms, each designed to serve specific purposes within the broader context of estate planning.
Understanding the importance of trusts begins with recognizing the various types available, each tailored to address different needs and goals.
Also known as inter vivos trusts, living trusts are created during the grantor’s lifetime. They allow for the seamless transfer of assets to beneficiaries without the need for probate, providing a more private and efficient means of wealth distribution.
Unlike living trusts, testamentary trusts are established through a person’s will and only take effect upon their death. They are often used to provide for minor children or to distribute assets over time.
Revocable Trusts: Grantors retain the flexibility to modify or revoke the trust during their lifetime, making them suitable for those who want control over their assets.
Irrevocable Trusts: Once established, these trusts cannot be altered or revoked without the consent of the beneficiaries. They offer enhanced asset protection and may have tax advantages.
Several trusts are designed to meet specific needs:
One of the primary advantages of using trusts in estate planning is the ability to bypass probate. Probate is a legal process through which a court validates a will and oversees the distribution of assets. Trusts, particularly living trusts, facilitate a smoother and more private transfer of assets, sparing beneficiaries from the often time-consuming and costly probate process.
Probate proceedings are a matter of public record, allowing anyone to access information about the deceased’s assets, debts, and beneficiaries. Trusts, on the other hand, operate privately, keeping the details of your estate confidential. This added layer of privacy can be especially appealing for individuals who value discretion in matters of wealth distribution.
Trusts play a crucial role in incapacity planning, addressing the possibility that the grantor may become unable to manage their affairs. Through the appointment of a successor trustee, a trust ensures a seamless transition of responsibility, maintaining financial stability and the well-being of beneficiaries.
By creating a trust, the grantor retains a high level of control over how their assets are distributed. This is particularly beneficial for those with complex family dynamics or specific wishes regarding the timing and conditions of distributions. Irrevocable trusts also provide a level of asset protection, safeguarding them from potential creditors.
Certain types of trusts offer strategic tax planning opportunities. For instance, irrevocable life insurance trusts can be utilized to exclude life insurance proceeds from the taxable estate, potentially reducing estate taxes. Charitable trusts may provide income tax deductions and reduce the overall tax burden on an estate.
Testamentary trusts are commonly employed to protect the financial interests of minor children. By establishing a trust within a will, parents can dictate how assets should be managed and distributed for the benefit of their children until they reach a specified age.
For business owners, trusts can be instrumental in facilitating a smooth transition of ownership. By establishing a trust that holds shares or assets related to the business, the owner can outline a clear plan for the management and transfer of these assets, ensuring continuity and stability.
The creation of a trust is a significant legal and financial undertaking. Seeking guidance from estate planning attorneys and financial advisors is crucial to ensure that the trust aligns with your specific goals, complies with legal requirements, and is optimized for tax efficiency.
Before establishing a trust, it’s essential to conduct a thorough inventory of your assets. This includes real estate, financial accounts, investments, business interests, and personal property. A comprehensive understanding of your wealth will inform decisions about how to structure the trust for maximum effectiveness.
Choosing the right trustee is a critical decision in the trust creation process. This individual or entity should be trustworthy, financially astute, and capable of fulfilling the responsibilities outlined in the trust agreement. Additionally, appointing successor trustees ensures a seamless transition in case the original trustee is unable or unwilling to serve.
The trust agreement should clearly articulate the grantor’s wishes regarding the distribution of assets, the timing of distributions, and any specific conditions that must be met by beneficiaries. A well-drafted trust document minimizes the potential for disputes among beneficiaries and ensures the grantor’s intentions are honored.
In conclusion, trusts are indispensable tools in the realm of estate planning. They offer a flexible and powerful means of preserving and distributing wealth while providing numerous benefits, from probate avoidance to tax efficiency. As you embark on the journey of estate planning, understanding the basics of trusts empowers you to make informed decisions that align with your unique financial goals and personal values. Through careful consideration, professional guidance, and thoughtful planning, you can build a solid foundation for the enduring legacy you wish to leave behind.
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]]>If you are seeking assistance with Estate Planning, Asset Protection, and Trusts, Criminal Law, or Family Law in North East Missouri, please contact us to set up an appointment to speak with our attorney Patrick Nolan.
Call 660.956.4502 today.
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