| Consequences for First Time DUI/DWI Offenders |
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| If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI) you may face a multitude of penalties even if it is your first offense. 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 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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| Chemical Test Presumptions in Drunk Driving Cases |
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| If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence." 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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| Overview of License Violation Penalties |
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| The most common license violations include failing to possess a valid driver's license; driving with an expired license; driving on a revoked or suspended license; failing to notify the department of public safety or bureau of motor vehicles of a change of name or address; and operating a motor vehicle in violation of a restriction or an endorsement imposed on your license. Generally license violation offenses are considered misdemeanors. The motorists are usually required to pay a fine if the motorist commits a license violation. More... |
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| Criminal Offense of Failure to Use/Improper Use of Turn Signals, Headlights, and Emergency Flashers |
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| In the exercise of its police power, a state may establish minimum equipment and usage standards for lighting equipment of motor vehicles, including headlamps, rear lighting, turn signals, and hazard warning lights. More... |
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