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13Jan 2021

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...

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23Oct 2020

Remaining Silent After Being Pulled Over For A DUI

Many people think that if you answer a police officer's questions after being pulled over for suspicion of DUI but before being arrested, the answers can be thrown out because you have not been read your Miranda rights. This, unfortunately is not the case. Everyone knows that once you have been read your Miranda rights, anything you say can and will be, etc., etc., etc. What many people don't realize...

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23Oct 2020

Can I Get A DUI Conviction Removed From My Record?

A conviction by a court is a permanent record of guilt. If you are convicted of a crime in a courthouse in the United States it is forever a testament to the world that you have, indeed, committed a crime. That being said, in some states you have have a conviction "expunged." What does that mean? In some states, once a person has successfully completed the terms of probation, they...

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23Oct 2020

New Way Your Phone May Be Able To Tell If You Are To Drunk To Drive

Smartphones have had attachments for a while now that will turn your phone into a breathalyzer. However, there is now another way your phone may be able to tell if you are too intoxicated to drive. All smartphones have something called an "accelerometer" built in to their operating systems. The accelerometer can measure variations in your walking patterns, and by analyzing them, determine if you are impaired.Does this sound too...

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23Oct 2020

Diabetes Can Lead To A DUI Charge

It is estimated that about one in every ten American has diabetes. While this is clearly a national health issue, there is also a legal issue that can accompany a case of diabetes. Interestingly, many of the same behaviors that intoxicated people exhibit can be present in diabetics when their blood sugar is too low, or hypoglycemic, to use the medical term.Hypoglycemia is a state where your blood sugar...

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