Traffic Law DUI/DWI
| 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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| Elements of Drunk Driving Offense |
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| Drunk driving laws were enacted almost at the same time as the motor vehicle was invented. Over the years the statutes have been changed and strengthened. In 1982, legislation was passed requiring state drunk driving laws to include provisions for a blood-alcohol level of 0.10 as a per se offense and for license suspensions and minimal sentencing restrictions in order for states to continue to qualify for certain federal funding. Legislation passed in 2000 conditioned the availability of federal highway funds upon the states' adoption of a limit of 0.08. More... |
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| Uses of Detection Devices in Speeding Offenses |
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| In a prosecution for speeding, the prosecutor has the burden of proving each and every element of the case by competent and credible evidence. Normally, the proof will be obtained by the prosecutor from the testimony of the officer. The basic testimony will convey a visual observation or independent estimate of speed made by the officer, corroborated by a calibrated speedometer reading or calibrated radar unit readout. There are essentially five ways for law enforcement officers to determine speed: (1) pacing the motorist's vehicle with the officer's patrol car; (2) obtaining a time-distance measurement with manually activated time; (3) obtaining a time-distance measurement with automatically activated time distance devices; (4) radar; and (5) laser devices. More... |
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| DUI School |
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| In an effort to attack the problem of drunken driving, most drunk driving legislation currently provides a combination of punishment and treatment. Consequently, offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI) are sentenced to probation rather than incarceration. As part of their probationary conditions, DWI/DUI offenders are often directed to participate in a driver education program, commonly referred to as "DUI schools," which incorporate alcohol rehabilitation and education programs. More... |
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| Criminal Offense of Failure to Assist an Injured Person |
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| Motorists involved in any type of motor vehicle accident where personal injury or death occurs are required to remain at the scene until police arrive. All states have statutes setting out certain procedures a motorist must follow after involvement in a collision causing death or injury. Moreover, the statutes treat the term "accident" or "collision" to include all automobile collisions, intentional as well as unintentional. More... |
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