Traffic Law DUI/DWI
| DUI in a School Zone |
|
| In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing. More... |
|
|
| Implied Consent Laws in Driving Under the Influence of Drugs Cases |
|
| Many states have an implied consent law that essentially provides that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of the motorist's blood if the motorist is lawfully arrested. The implied consent laws generally penalize a motorist with license suspension or other sanctions if the motorist refuses to provide a sample of blood or urine for testing. However, some states, such as New Jersey, do not have an implied consent law for testing for drugs. Some states provide for testing, but do not provide for the taking of multiple samples. More... |
|
|
| Overview of Implied Consent in Drunk Driving Cases |
|
| Understandably, when a motorist is pulled over for drunk driving, the motorist is generally reluctant to agree to a chemical test because the test results could be used as evidence to convict the motorist of a drunk driving offense. Many states have implied consent laws that essentially provide that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the alcohol content of the motorist's blood if the motorist is lawfully arrested. More... |
|
|
| Elements of DUI/DWI Offenses Involving Operation of Aircraft |
|
| It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More... |
|
|
| Sleep Disorder Defense to a DUI Charge |
|
| 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... |
|
|