| Penalties for Drunk Driving |
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| State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS). More... |
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| Penalties for Traffic Device Control Violations |
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| Most states maintain statutes directing motorists to obey traffic control devices, including green, yellow, and red signals or arrows, lane direction control signals, stop signs, and yield signs. In addition to directing drivers to obey the directions of traffic control devices, the governing statute will explain the appropriate driver responses to traffic control devices. For example, a statute may direct that a driver stop at a clearly marked stop line as the driver approaches a flashing red light used in a traffic control device or with a traffic sign. These statutes also direct driver responses in the event the traffic control signal is out of operation or functioning improperly. More... |
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| 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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| Role of Expert Testimony in Drunk Driving Cases |
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| When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
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| Physician-Patient Privilege in Drunk Driving Cases |
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| It is common for a motorist suspected of drunk driving to come into contract with a physician. For example, if the motorist is injured in a traffic accident, first aid may be administered by a physician at the accident scene or the motorist may be taken to a hospital for treatment. In addition, law enforcement agencies often have policies in place that require them to take any motorists that are suspected of being intoxicated to a physician. More... |
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