Traffic Law DUI/DWI
| Defendant's Right to a Jury Trial in DUI/DWI Cases |
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| A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state. More... |
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| Breathalyzer versus Blood Tests in Drunk Driving Cases |
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| The most frequently used test in drunk driving cases is the breath test, or Breathalyzer test. The breath test is used more frequently that urine or blood tests to test for the blood alcohol level because it is less intrusive and the apparatus is easily portable and convenient to use, even in the field. Because blood tests are universally relied upon as stronger evidence than breath tests, the prosecution will seek it whenever it can. In many states, a blood test may only be administered in cases involving death or serious bodily injury, or when the motorist required medical treatment and the administration of a breath or urine test was impractical or impossible. ¤Although a motorist may refuse this test, the refusal is usually admissible in evidence against the motorist at the administrative or judicial hearing.
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| Penalties for DUI/DWI Offenses Involving the Operation of a Boat |
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| The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws. More... |
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| Criminal Offense of Hit and Run and Failure to Remain at the Scene |
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| A hit and run car accident is generally defined as a person's failure to stop after a motor vehicle accident. When a person operating a motor vehicle is involved in an accident, the operator is legally required to stop, provide information to the owner of whatever property is damaged, and provide any aid to anyone who may have been injured. Many state statutes require a motorist to render all the aid that reasonably appears to him or her, as an ordinary person, to be necessary. The duty is not excused even if the injured person is unconscious, dead, or believed to be dead. 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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