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14Feb 2017

Was Blood Drawn By A Certified Agent?

If you have voluntarily or been ordered to give blood as part of a DUI arrest and/or investigation, it is always important to challenge the credentials of the individual who drew your blood. In most states there are statutes requiring that the individual who draws the blood of a defendant be either a doctor, registered nurse or phlebotomist. For example, it may be that a hospital...

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14Feb 2017

If I Am Arrested And Charged With DUI, Do I Have To Post Bail?

Often, when an individual is arrested and charged with a crime, whether it is DUI or most any other criminal offense, the defendant is brought before a judge who will determine if and how much bail should be set for. Bail is not a punishment, rather it is an assurance on the part of the defendant that they will be responsible to appear for and...

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14Feb 2017

What Is There To Look Forward To In 2017?

A number of interesting developments are likely to occur in the realm of DUI law. In Minnesota, for example, the Supreme Court found that the due process rights of many charged with DUI were violated and will seek to remedy the wrongs. This is perhaps indicative of a trend that police and prosecutors need to be more careful when charging individuals with and gathering evidence...

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14Feb 2017

A Wheelchair Is A Vehicle?

A rather fantastic case in Oregon came to a fitting conclusion recently. A gentleman had been drunk while operating his motorized wheelchair. Apparently he struck a truck while crossing a street in the crosswalk. The arresting officer decided that the man’s wheelchair was a “vehicle” and he was arrested, charged and ultimately convicted of DUI. However, the appeals court determined that anyone in a wheelchair, motorized...

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