| Driver Alcohol Education Programs as a Penalty for DUI/DWI |
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| When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders. 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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| 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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| Sleep Disorder Defense to a DUI Charge |
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| In its report, Drowsy Driving and Automobile Crashes, National Highway Traffic Safety Administration, NCSDR/NHTSA Expert Panel on Driver Fatigue and Sleepiness, the National Highway Traffic Safety Administration (NHTSA) conservatively estimated that 100,000 police-reported crashes were the direct result of driver fatigue each year, resulting in an estimated 1,500 deaths, 71,000 injuries, and $ 12.5 billion in monetary losses. More... |
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| Criminal Offense of Defective Equipment on a Motor Vehicle |
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| Because an improperly maintained motor vehicle threatens a grave risk of serious bodily harm or death, the maintenance of a vehicle is of the utmost importance to the driving public. The responsibility for minimizing that risk or compensating for the failure to do so properly rests with the person who owns and operates the vehicle. Accordingly, state vehicle codes usually declare that it is unlawful for any person to drive a vehicle unless it is in such safe mechanical condition that its operation on the highway will not endanger the driver, a passenger, or any other person on the highway. Thus, these codes impose a duty upon the operator to see to it that the vehicle is properly equipped as to maintain control and pose no menace to other traffic on the highway. More... |
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