| 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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| Warrantless Inventory Searches of Impounded Vehicles |
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| Under the Fourth Amendment to the United States Constitution, every search or seizure by a government agent must be reasonable. In general, searches and seizures are unreasonable and invalid unless based on probable cause and executed pursuant to a warrant. However, certain kinds of searches and seizures are valid as exceptions to the probable cause and warrant requirements. One such exception is an inventory search of an impounded vehicle. Court have upheld inventory searches of vehicles lawfully in police custody, including searches of the passenger compartment, glove compartment, trunk, engine compartments, and any containers in the vehicle. More... |
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| Penalties for Criminal Offense of Driving While Impaired |
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| The penalties for driving while impaired tend to be less harsh than the penalties for driving while under the influence or driving while intoxicated. The penalties for driving while impaired do vary depending upon the state. In most cases the offense for a first time offender is considered a misdemeanor. 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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| Elements of Criminal Offense of DUI Manslaughter |
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| If a driver's act of drunk driving results in the death of another person, the driver will be charged with some form of homicide. Some states, however, treat the offense as a form of aggravated drunk driving, variously described as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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