Traffic Law DUI/DWI
| Overview of Private Motor Vehicle Traffic Regulation |
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| The ability to drive a motor vehicle on a public highway is not a fundamental right under the United States Constitution; it is a revocable privilege that is granted upon compliance with statutory licensing procedures. Whether the right to operate a motor vehicle it is termed a right or a privilege, one's ability to travel on public highways is always subject to reasonable regulation by the state in the valid exercise of its police power. Accordingly, state vehicle codes were promulgated to increase the safety and efficiency of public roadways, and it is viewed as an enhancement rather than an infringement upon a citizen's right to travel. The privilege properly may be revoked for noncompliance, and revocation is not an unconstitutional infringement of the revokee's right to travel. More... |
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| Expungement of DUI/DWI Convictions |
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| If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged. More... |
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| Penalties for DUI Manslaughter |
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| Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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| 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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| Implied Consent Laws in Driving Under the Influence of Drugs Cases |
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| 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... |
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