| DUI Roadblocks |
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| When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution.
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| Penalties for Vehicular Homicide |
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| Vehicular homicide is a serious crime with serious penalties. The penalties for this crime vary depending on the state where the homicide occurred, the degree of the homicide, and any aggravating or mitigating circumstances. Vehicular homicide can be prosecuted as either a misdemeanor or a felony offense. More... |
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| Role of Expert Testimony in Drunk Driving Cases |
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| When an individual has been charged with drunk driving, the State will often present expert testimony concerning chemical tests. The State is required to provide a proper foundation for chemical tests. However, if the defense can show that the State's expert lacked the required qualifications or that another key component of a proper foundation for admissibility is missing, the defense can object to the admission of the chemical tests. Although courts may allow an expert to testify regarding the results of tests done by a lab technician under the expert's direct supervision, the evidence can be excluded if the defense can show that the expert witness had no knowledge about the details of the chemical analysis other than what the technician reported.
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| Criminal Offense of Attempting to Elude |
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| It is against the law to attempt to elude a police officer by willfully failing to stop a vehicle if the officer gives you an audible or visual signal to stop and the police officer is in uniform, prominently displaying a badge or other insignia. If a police officer is in an appropriately marked official police vehicle when he or she gives the signal stop, whether or not the officer is in uniform, the vehicle driver may not attempt to elude the officer by willfully failing to stop the vehicle. More... |
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| Penalties for Driving Under the Influence of Drugs |
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| In most states, the penalties for driving under the influence of drugs are the same or very similar to the penalties imposed for driving while under the influence of alcohol. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. The guidelines generally provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence. More... |
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