| Displaying a Fictitious or Fraudulent Inspection Certificate |
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| The 1990 Clean Air Act required the implementation of vehicle inspection and maintenance programs in areas that were moderate or worse nonattainment for ozone or carbon monoxide. Over half of the states have such programs in operation. The vehicle inspection programs vary by state. Some of the programs test only emissions, while other programs include inspections for safety features along with the emissions tests. More... |
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| Penalties for Driving at an Excessive Rate of Speed |
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| While a speeding conviction is generally not considered a serious offense, it may have serious implications. If the speed is considered "excessive," (e.g. 30 to 60 miles over the posted speed limit), the conviction will include a fine, imprisonment, and possible suspension of a driver's license. Other criminal actions related to speeding may include "reckless driving" and "racing." Moving violations are either traffic infractions or criminal misdemeanors, and they may necessitate a court appearance.
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| Failure to Yield Traffic Violations |
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| State highway statutes and local ordinances set forth violations for offenses for which violators may be arrested without arrest warrants. One such violation is the failure to yield the right-of-way. Right-of-way merely means a preference to one of two vehicles asserting the right of passage at the same place and at approximately the same time. Generally speaking, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. Moreover, the right-of-way is not absolute as the relative speeds and positions of drivers with respect to the intersection must be considered.
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| Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases |
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| The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause. More... |
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| Warrantless Searches of Motor Vehicle Occupants |
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| In the ordinary case, a search of private property must be both reasonable and conducted pursuant to a properly issued search warrant. However, law enforcement officers are empowered to search an automobile without a warrant, so long as it can be demonstrated that exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative and that probable cause existed for the search. The doctrine was initially premised on the notion that there was a constitutional difference between houses and cars, which are inherently mobile. However, mobility is no longer the prime justification for the automobile exception; rather, it is the diminished expectation of privacy which surrounds the automobile. More... |
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