The Law Offices of Daniel J. Miller - March 2022

The Law Offices of Daniel J. Miller - March 2022

INYOUR DEFENSE

MARCH 2022

757.852.3000 | LegalDefense.com

CHECK OUT OUR NEW LOCATION We’ve Moved!

F or 17 years, the Law Offices of Daniel J. Miller were located on Euclid Road, where we were able to grow, make some fantastic memories, and help so many people throughout our community. It was a great experience, and I’ll certainly hold many memories from that location near and dear to my heart. At the end of last year, we reached a point where we felt we needed more space so we could continue growing. That’s why we decided to invest in a new location and move our business to 2725 Gator Road, Suite 100, here in Virginia Beach. We officially began operating out of our new location at the end of January and things have been going great ever since. We were certainly ready to expand our business, and this new location provides the perfect opportunity. I’m excited because the new location is right off of the interstate and is easy for everyone to access. The fact that it’s closer to my own home is just an added bonus! Our new building has 5,000 square feet, so we’ve been moving in fairly slowly. There’s definitely a lot of space to fill, but I’m sure we won’t have a problem filling it before long. We’re looking to bring in some new team members who have tried-and-true experience so we can help even more people. When choosing our new location, one of the biggest factors was whether it had multiple conference rooms. In our old office, we only had one conference room, which meant when we were working with a family law client, one party could use the conference room while the other had to work out of an office. The new building has multiple conference rooms so the process will be quicker and even more private. Though I’ve talked about what’s new with the new location, I also want to talk about what’s not changing: our dedication to our clients. Even though we’ve changed buildings, you can still expect

the same level of professionalism, respect, and service you received at our old location. Our team is committed to working with and helping our clients with whatever situation they are dealing with. Our new location will just allow us to help more people with the same level of care. We are extremely excited about this opportunity and can’t wait for our clients to see our new location. We’ve always wanted to grow and now our dreams are turning into reality. At our new location on Gator Road, we will be ready to answer any questions you may have and get you the representation or help you need. We’ll be here whenever you need us! – Daniel J. Miller

757.852.3000 1

Published by Newsletter Pro • www.NewsletterPro.com

C elebrate S t . P atrick ’ s D ay S afely

KNOW YOUR RIGHTS REGARDING A DUI

On March 17, Americans across the country will head to their favorite bars, pubs, and restaurants to celebrate St. Patrick’s Day. The

sample after a DUI arrest. This essentially means that any Virginia driver, regardless of where they are licensed, will consent to a

after an individual has been arrested. Turning down the voluntary roadside test will not bring a penalty or charge. The driver may have to take a blood test if they are unable to take a Breathalyzer, there is no Breathalyzer available, or the police officer suspects the driver is under the influence of drugs or a combination of drugs and alcohol. If the driver refuses to take the Breathalyzer, they will receive a charge of Breathalyzer Refusal, which can result in automatic driver’s license revocation (without the possibility of a restricted license), high fines, and jail times. If you plan to go out and celebrate this St. Patrick’s Day, be safe and don’t drive. If you have any questions or concerns regarding DUIs, give our office a call. We are happy to assist you.

holiday is notorious as one of the most popular days to drink in our country, but too many people try to drive after having too many. In 2020, the day after St. Patrick’s Day saw 427 fatal crashes, and 35% of those crashes involved alcohol, according to the National Highway Traffic

Breathalyzer or blood test simply by driving on a Virginia highway. Taking it a step further, § 18.2-269 presumes that the blood alcohol content (BAC) from the Breathalyzer test was the BAC at the time of the offense. If you take a Breathalyzer test

Safety Administration. The state of Virginia saw the fourth most alcohol-related fatal crashes in 2020. If you’re planning to go out and celebrate this St. Patrick’s Day, it’s important to know the laws and your rights. The Implied Consent Law in Virginia requires any driver in the Commonwealth to provide a breath or blood

and your BAC reads higher than .08%, the presumption that you were driving under the influence of alcohol will be created. These results will come into evidence against the accused. Keep in mind that the Breathalyzer test is not the same as the voluntary test performed on the roadside. The Breathalyzer takes place

T he H istory of C oach K

As we approach March Madness, it means this basketball season is coming to a close. For Duke University’s men’s basketball team, it also means their head coach, Mike Krzyzewski (Coach K), will be retiring. On June 2, 2021, Coach K announced that the 2021–2022 basketball season would be his last year of coaching. In honor of one of the greatest coaches in basketball history, let’s take a look at Coach K’s history and accomplishments. Coach K was born in Chicago, Illinois, in 1947. He attended the United States Military Academy at West Point and was the captain of their basketball team during his senior year. After graduating, he served as an officer in the U.S. Army in 1969 and was discharged from active duty in 1974. Soon thereafter, he began his coaching career as an assistant coach for the Indiana Hoosiers. After one year, he returned to West Point as head coach of the Army Cadets for five seasons. Then, in 1980, he was named head coach for Duke University’s men’s basketball team. Coach K has been the head coach for Duke for 42 years and has left a huge legacy. He coached the USA men’s national basketball team to three gold medals, in 2008, 2012, and 2016. With the Duke Blue Devils, he has the most wins in NCAA Division I men’s basketball history. In 2015, A LEGACY THAT WILL NEVER BE FORGOTTEN

he also became the first Division I men’s basketball coach to reach 1,000 wins. His Duke teams have won 15 ACC Championships, gone to 12 Final Fours, and won five NCAA National Championships. Paired with his impressive coaching history, Coach K also has some awards under his belt. He was awarded the ACC Coach of the Year in 1984, 1986, 1997, 1999, and 2000. Time Magazine and CNN named him as America’s Best Coach in 2001. In November 2000, the hardwood floor in Duke’s gym was dedicated and renamed Coach K’s Court, and the area surrounding the outside of the gym was named Krzyzewskiville. The question on every basketball fan’s mind is this: Who will be Duke’s new head coach? The university has already announced that Coach K’s longtime assistant coach, Jon Scheyer, will replace him. Scheyer used to play for Duke in 2011–2013. Coach Mike Krzyzewski will be missed by Duke fans and basketball fans around the country. His presence and legacy will forever reign in basketball history.

2 LEGALDEFENSE.COM

Published by Newsletter Pro • www.NewsletterPro.com

As of this month, the COVID-19 pandemic has been ongoing for two years. During this time, the government has tried various methods to boost the economy and provide relief for people in need. One of the biggest groups in need were working parents who had to find child care services when schools were closed. Some of these parents even had to leave their jobs to take care of their children. This past July, newly expanded tax credits went into effect to provide relief for these families, but it has inadvertently backfired on divorced or separated families. Whichever parent claimed the children on their taxes for 2020 would have started receiving money from the government automatically. By the end of the year, this amount would have reached $1,800. But some divorced or separated parents have a court order that states the parents claim the child on their taxes in alternating years. For these parents, this tax credit can actually create quite a dilemma. Understanding the Child Tax Credit for a Divorced Parent

received the full $1,800 in the form of an extended tax credit. Now, if the dad is filing in 2021 and planning to claim the kids as dependents, he will receive an extended child tax credit, but at the same time, the mom would have to pay back the $1,800 she received last year. This can create huge problems for everyone involved. This happens because the extended child tax credit was technically for 2021, so if you aren’t claiming the children on your 2021 taxes, you will have to return the money. If you are claiming the child again or claiming another child, you will not have to pay the money back. Not everyone has $1,800 lying around, and there’s a good chance the person receiving it may have already spent it buying essentials for themselves and their children. For this reason, payment plans are available so people can fit the repayment plan into their budgets. It’s not an ideal system, but it’s something you need to be aware of if you are a divorced or separated parent.

For example, let’s say the mom claimed the child as her dependent when she filed taxes in 2020. She would have

SUDOKU

EASYMARCH MADNESSCHILI

Inspired by MyRecipes.com

Cheer on your favorite team and chow down in minutes with this easy chili recipe!

INGREDIENTS

• 2 lbs ground beef • 2 tbsp chili powder • 1 tbsp Creole seasoning • 1 tsp ground cumin

• 2 16-oz cans diced tomatoes • 2 16-oz cans small red beans • 2 8-oz cans tomato sauce

DIRECTIONS

1. In a deep pot, brown the beef, stirring often. 2. Once beef is cooked, add chili powder, Creole seasoning, and cumin, cooking for 1 minute. 3. Stir in diced tomatoes, beans, and tomato sauce and bring the mixture to a boil. 4. After the mixture boils, reduce the heat to low and let chili simmer for 15 minutes. 5. Serve with toppings of choice, like cheese, sour cream, or chives.

757.852.3000 3

Published by Newsletter Pro • www.NewsletterPro.com

4768 Euclid Rd. Suite 104 Virginia Beach, VA 23462 757.852.3000 | LegalDefense.com

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

INSIDETHIS ISSUE

WE’VE MOVED! PAGE 1

CELEBRATE ST. PATRICK’S DAY SAFELY DUKE UNIVERSITY’S HEAD COACH IS RETIRING PAGE 2 UNDERSTANDING THE CHILD TAX CREDIT FOR A DIVORCED PARENT EASY MARCH MADNESS CHILI PAGE 3 SOMEONE SUED MICHAEL JORDAN? PAGE 4

WHY ONE MAN SUEDMICHAEL JORDAN FOR $832 MILLION I DON’TWANT TO BE LIKE MIKE

Many people have been told they have a passing resemblance to a celebrity, and they usually have a funny story or two. To Allen Ray Heckard, his celebrity look- alike was no laughing matter. In 2006, he sued Michael Jordan for looking too much like him and ruining his life.

boils down to.” When asked why he felt the resemblance to Jordan had affected his life so negatively, he could only answer, “I want to be recognized as me, just like Michael’s recognized as Michael.” Funnily enough, most people didn’t think Heckard and Jordan looked alike at all. While each had a bald head, mustache, and a gold earring, the similarities seemed to end there. Many news stories noted that, compared to Jordan, Heckard is 8 years older and 6 inches shorter. One question reporters did not appear to ask was why Heckard felt that Jordan should be held personally liable for hundreds of millions of dollars simply for his natural appearance. Sadly, we will probably never know the answer because the case ended rather unceremoniously. After a few weeks, Heckard dropped the lawsuit. He never publicly shared why, but a Nike spokesperson was glad to speculate that Heckard “finally realized he would end up paying our court costs if the lawsuit went to trial.” In the end, many ‘90s kids would argue that Heckard was most guilty of looking a gift horse in the mouth. After all, there is no higher achievement than to “be like Mike.”

The amount of the lawsuit was $832 million, and Heckard not only sued Jordan but also Nike, reasoning that the company helped Jordan achieve his incredible fame. The complaint argued that the resemblance to Jordan “has troubled Heckard’s nerves” and being stopped by fans caused him emotional distress for over 15 years. He requested damages for defamation, permanent injury, and pain and suffering. For someone tired of being “recognized,” Heckard didn’t shy away from media coverage. When asked how he arrived at the astronomical $832 million lawsuit figure, he gave this much-shared (yet difficult to parse) answer: “Well, you figure with my age, and you multiply that by seven and, ah, then I turn around and, ah, I figure that’s what it all

4 LEGALDEFENSE.COM

Published by Newsletter Pro • www.NewsletterPro.com