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Search Subject: DUI Charge [Clear]

03Jun 2020

If I Am Intoxicated, Can My Kid With A Learner's Permit Drive Me Home?

Let's say you've just taken the family out to dinner and were in a really good mood because your kid just got his learner's permit. You feel like you and your wife now have a designated driver and you both do what you haven't done at family restaurant nights in well over decade. You both get drunk during dinner! You feel it is no big deal as you can just...

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03Jun 2020

New Jersey Recently Reviewed Probable Cause

A recent case in New Jersey went to high courts on the appeal of a DUI conviction. The facts of the case center on an individual who made an illegal left turn into a parking lot one night. An officer witnessed the individual making the illegal left turn and stopped the individual. After speaking with the driver, the officer suspected the individual was intoxicated and administered HGN (follow the eye)...

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13May 2020

A Case For Rendering The Horizontal Gaze Nystagmus Test Inadmissible

A lawyer in Fairfax County, Virginia is arguing that the Horizontal Gaze Nystagmus test should be made inadmissible in a DUI trial. The Horizontal Gaze Nystagmus (HGN) Test is one of three standard field sobriety tests used by officers to determine an individual's level of intoxication. An individual fails the test if their eyes "wobble" too much when following an officer's finger.The lawyer states that this test is no more...

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23Mar 2020

Virginia To Offer Restricted Driver's License To Those Who Refuse Breathalyzer

The State of Virginia has passed a law that will allow those charged for the first time with DUI to obtain a restricted driver's license, allowing them to go to work. Virginia does have a restricted driver's license available to those first-time offenders who are convicted of DUI. This has been a bargaining chip for prosecutors to plea deal DUI cases.The restricted driver's license for refusal to take a breathalyzer...

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23Mar 2020

E-Warrants Make It Easier For Officers To Obtain Blood Withdrawals

The state of Hawaii is leading the way in the use of electronic warrants. In 2013, the Supreme Court decided that blood withdrawal was a search under the 4th Amendment and to obtain a blood withdrawal a warrant was needed. Officers had previously been able to obtain blood withdrawals without a warrant under the exigent circumstances exception, because of the risk of losing evidence.Officers in Maui. HI. have started using...

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