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17May 2016

Can Entrapment Be A Defense To DUI?

Many people who are charged with a DUI ask if they can use entrapment as a defense, especially if they noticed the arresting officer was sitting outside the establishment where they were drinking, just "waiting for them." In short, the answer is: no. What is important to understand is that entrapment is only a defense when the perpetrator of a crime would have only committed the...

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17May 2016

Would Viewing A Corpse Deter Repeat Offenses?

An interesting law on the books in Orange County, California allows a judge to order any DUI offender to visit a morgue to view the corpse of a DUI motor vehicle accident victim. The question is, does this actually deter people from repeat DUIs? The evidence suggests that it might. In areas where this statute is in effect, which is also Nevada and Illinois, there is...

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17May 2016

Why Is A Breathalyzer Preferred By Police?

There are three main ways you can test for DUI - urine testing, blood testing and the breathalyzer. Why is it that cops prefer the breathalyzer? Especially when it is the least accurate of the three methods? The answer is that you need a search warrant to obtain blood and urine, your exhalations are technically not your body, and therefore no warrant is needed to obtain...

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17May 2016

Judge Went To Jail With DUI Offender?

In an seemingly unlikely story we find that truth is indeed stranger than fiction, and we also find proof that the law really DOES want you to do the right thing, not just punish you. In North Carolina a veteran suffering from PTSD was on probation and failed a urine test. After admitting to using alcohol, the judge in charge of the case sentenced the veteran...

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17May 2016

New Hampshire Has Stricter Cinderella Law

Many states allow a "Hardship License" to be issued to those convicted (usually on their first offense) of a DUI. These licenses generally allow a twelve hour window during the day for an individual to drive so they may work. New Hampshire has made this license a little more difficult to get. First, you must have your driving privileges suspended completely for 45 days before the...

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