Traffic Law DUI/DWI
| DUI Roadblocks |
|
| When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution.
More... |
|
|
| Penalties for Driving Under the Influence of Drugs |
|
| In most states, the penalties for driving under the influence of drugs are the same or very similar to the penalties imposed for driving while under the influence of alcohol. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. The guidelines generally provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence. More... |
|
|
| Criminal Offense of Defective Equipment on a Motor Vehicle |
|
| Because an improperly maintained motor vehicle threatens a grave risk of serious bodily harm or death, the maintenance of a vehicle is of the utmost importance to the driving public. The responsibility for minimizing that risk or compensating for the failure to do so properly rests with the person who owns and operates the vehicle. Accordingly, state vehicle codes usually declare that it is unlawful for any person to drive a vehicle unless it is in such safe mechanical condition that its operation on the highway will not endanger the driver, a passenger, or any other person on the highway. Thus, these codes impose a duty upon the operator to see to it that the vehicle is properly equipped as to maintain control and pose no menace to other traffic on the highway. More... |
|
|
| Driving on a Revoked or Suspended License |
|
| A charge of driving with a suspended or revoked driver's license is a serious charge. It is against the law to drive when your driver's license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked. More... |
|
|
| Defendant's Right to Counsel Before Consenting to Chemical Test in Drunk Driving Case |
|
| Most people are aware that Miranda warnings must be given an accused before he or she is subjected to custodial interrogation. The warnings are intended to protect the privilege against self-incrimination, and the Fifth Amendment right to counsel was created to protect that privilege. However, if the privilege against self-incrimination is not implicated, the warnings are not required, and there is no right to counsel. The United States Supreme Court has held that "physical" evidence may be obtained from an accused without running afoul of the privilege. Therefore, the right to counsel privilege has been held inapplicable to physical or performance tests and chemical tests of bodily substances. More... |
|
|