It is obvious that nobody should ever operate a motor vehicle or any type of machinery if they are under the influence of alcohol or any other substance. Many people believe that the worst that could happen from drinking and driving is that they swerve a bit while driving or they momentarily may cross over into the shoulder.The truth is that drinking and driving can result not only in...
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Unintended Life Changing Consequences of DUI
The Most Important Part of A Criminal Trial Is Being Prepared
In order to defend your rights, the justice system in America offers only one path forward. That is trial by jury. This is conducted in a court of law, usually in the presence of two opposing forces, the prosecution and the defense. Each of these is led by an attorney, an individual who is prepared to offer a narrative attempting to prove the defendant's guilt or innocence, depending on the...
DUI: Back to the Basics
It is important to remember a few things if you are ever stopped or interrogated for suspicion of DUI. It is easy in a moment of panic or pressure to not keep a level head and forget some of your basic rights. Remember, the police want you to talk as much as possible, so keep cool!
The most important basic to remember is to remain silent....
A Fine Point About Your Right To Remain Silent
If you are summoned to the police station to be questioned by the police, you will almost certainly be read your Miranda rights before the questioning begins. These are the familiar "You have the right to remain silent" rights. Everything is pretty clear-cut when it comes to Miranda rights and official interrogation settings. If the police do not read you your rights before an official...
Burden Of Proof In Breathalyzer Test Refusal
An interesting appeal happened recently in New Jersey, regarding the burden of proof needed to enforce a suspect to complete a breathalyzer test on suspicion of DUI. A woman had hit the side of a car stopped at a stop light. The responding officer notices that her speech was slurred and her eyes were glassy. She was unable to complete field sobriety tests and refused to take a breathalyzer. She...