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Search Subject: January 2016 [Clear]

19Jan 2016

Even If Your Work Is Involved, Never Drink And Drive

The New Year did not get off to a great start for Juan Pablo Garcia of Los Angeles. He was an Uber driver. Uber drivers are never required to respond to calls for pick ups. However, at 1 am New Years' Day, Juan Pablo responded to the request of 19 year old Arlene Mendez for a lift. She was terrified as the intoxicated Juan Pablo...

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19Jan 2016

No Right To Choose Method Of Determining BAC

If you live in Pennsylvania you live in one of many states that have an Implied Consent law. This means that if you are arrested on suspicion of DUI you automatically give consent to be tested for your BAC (Blood Alcohol Content). One man, who was arrested for DUI, gave consent to a breathalyzer or urine test, but did not give consent for a blood...

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19Jan 2016

Burden of Proof Increasing for Prosecutors

Though laws vary from state to state, one can get a sense of the direction of the law by looking at cases in other states. In Georgia, the courts have made it more difficult for prosecutors to bring DUI charges against drivers. In Atlanta a man was arrested on suspicion of DUI because his eyes were "watery" and his breath smelled, slightly, of alcohol. Though he...

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19Jan 2016

Minnesota Court Rules No Particularity Needed In DUI Blood Tests

In another blow to the Fourth Amendment, the Minnesota case State v Fawcett, the particularity requirement of search warrant does not need to be met. What does this mean to the lay person? Well, normally when a search warrant is issued it must be for certain items. In other words if a search warrant is obtained to find cocaine, and none is found, law enforcement...

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