| Overview of Implied Consent in Drunk Driving Cases |
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| 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... |
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| Elements of OUI/OWI (Operating Under the Influence or While Intoxicated) |
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| There are various statutory formulations used to describe the requisite elements of the criminal act of drunk driving. In a number of states, the requisite act consists solely of ''operating.'' These laws are known by the acronyms, OWI (driving while intoxicated) or OUI (driving under the influence). More... |
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| Elements of Criminal Offense of Driving While Impaired |
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| Drunk driving statutes across the country are not uniform in how they describe the degree of inebriation that is required for conviction for a drunk driving offense. For example, some states have interpreted the terms "intoxicated" and "under the influence" as meaning the same thing, while others have concluded that the two terms represent different levels of impairment. States that view the terms as the same conclude that the degree of inebriation or impairment of the faculties required are the same. More... |
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| Overview of Open Container Laws |
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| In 1998, as part of the Transportation Equity Act for the 21st Century Restoration Act, a federal program was created to encourage states to enact laws prohibiting the possession of alcohol in the passenger areas of motor vehicles. The federal program essentially provided that if states did not enact the so-called "open-container" laws, the states would be subject to a penalty transfer of federal highway construction funds to the state's safety grant program. Since the passage of the federal act, the vast majority of states have passed "open-container" laws that satisfy the federal requirements. More... |
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| Criminal Offense of Driving at an Excessive Rate of Speed |
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| A speeding offense constitutes the operation of a motor vehicle at a speed in excess of that permitted under the state statutes, local ordinances, or highway or traffic commission regulations. The typical speed statute prohibits driving in excess of a specified number of miles per hour. In addition to setting forth the specified maximum rate of speed, the speed statutes usually contain provisions prohibiting driving at a speed greater than is ''reasonable and proper'' or ''reasonable and prudent'' under the prevailing conditions or having regard to the actual and potential hazards then existing, or words of similar import. More... |
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