Traffic Law DUI/DWI
| Penalties for DUI Manslaughter |
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| Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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| Criminal Offense of Driving at an Excessive Rate of Speed |
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| A speeding offense constitutes the operation of a motor vehicle at a speed in excess of that permitted under the state statutes, local ordinances, or highway or traffic commission regulations. The typical speed statute prohibits driving in excess of a specified number of miles per hour. In addition to setting forth the specified maximum rate of speed, the speed statutes usually contain provisions prohibiting driving at a speed greater than is ''reasonable and proper'' or ''reasonable and prudent'' under the prevailing conditions or having regard to the actual and potential hazards then existing, or words of similar import. More... |
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| Electronic Monitoring as Alternative Sentencing for DUI/DWI |
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| Driving under the influence (DUI) or driving while intoxicated (DWI) can result in harsh penalties in the form of mandatory prison sentences and license suspensions. However, there are sentencing alternatives. One such alternative is electronic monitoring. More... |
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| Warrantless Searches of Automobile Compartments |
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| The law of search and seizure is guided by the Fourth Amendment to the United States Constitution. This amendment, which protects individuals from unwarranted invasions of their privacy interests, requires that searches of private property be performed pursuant to a search warrant. Over time, however, the United States Supreme Court has allowed an exception for warrantless searches of automobiles. The justification for the exception is based upon the mobility of automobiles and the diminished expectation of privacy in automobiles. More... |
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| Defendant's Right to Independent Chemical Test in Drunk Driving Cases |
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| Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test. More... |
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