| Penalties for Driving at an Excessive Rate of Speed |
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| While a speeding conviction is generally not considered a serious offense, it may have serious implications. If the speed is considered "excessive," (e.g. 30 to 60 miles over the posted speed limit), the conviction will include a fine, imprisonment, and possible suspension of a driver's license. Other criminal actions related to speeding may include "reckless driving" and "racing." Moving violations are either traffic infractions or criminal misdemeanors, and they may necessitate a court appearance.
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| Admissibility of Blood Alcohol Tests in Drunk Driving Cases |
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| All 50 states and the District of Columbia have enacted statutes requiring a motorist arrested for drunk driving to submit to a chemical blood test. These statutes are known as "implied consent" laws. Under these laws, a motorist suspected of driving under the influence of alcohol is deemed to have consented to a chemical analysis test designed to measure blood alcohol content level. More... |
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| License Suspensions for DUI/DWI |
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| Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public. More... |
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| Warrantless Searches of Automobile Compartments |
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| The law of search and seizure is guided by the Fourth Amendment to the United States Constitution. This amendment, which protects individuals from unwarranted invasions of their privacy interests, requires that searches of private property be performed pursuant to a search warrant. Over time, however, the United States Supreme Court has allowed an exception for warrantless searches of automobiles. The justification for the exception is based upon the mobility of automobiles and the diminished expectation of privacy in automobiles. 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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