Traffic Law DUI/DWI
| Admissibility of Field Sobriety Tests in Drunk Driving Cases¤ |
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| There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... |
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| Defendant's Right to Counsel Before Consenting to Chemical Test in Drunk Driving Case |
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| 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... |
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| Penalties for Driving Under the Influence of Drugs |
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| 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... |
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| Criminal Offense of Failing to Provide Proof of a Vehicle's Inspection |
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| Many states require a motorist to obtain a vehicle inspection before the vehicle can be titled in the state. The inspections in most states consist of two primary parts. The first part of the inspection is a safety inspection, which covers such items as tires, brakes, and windows. The second part of the inspection is an exhaust emissions inspection, which checks the vehicle's exhaust and tests the fuel system for leaks. More... |
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| Uses of Detection Devices in Speeding Offenses |
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| In a prosecution for speeding, the prosecutor has the burden of proving each and every element of the case by competent and credible evidence. Normally, the proof will be obtained by the prosecutor from the testimony of the officer. The basic testimony will convey a visual observation or independent estimate of speed made by the officer, corroborated by a calibrated speedometer reading or calibrated radar unit readout. There are essentially five ways for law enforcement officers to determine speed: (1) pacing the motorist's vehicle with the officer's patrol car; (2) obtaining a time-distance measurement with manually activated time; (3) obtaining a time-distance measurement with automatically activated time distance devices; (4) radar; and (5) laser devices. More... |
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