| Probable Cause in Drunk Driving Cases |
|
| In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter. More... |
|
|
| Criminal Offense of Improper Lane Usage |
|
| A motorist is under a duty to have all of his vehicle on the right side of the road, and while the driver of an approaching car is charged with the duty of exercising proper care to avoid a collision, he has the right to presume that the motorist of the vehicle on the wrong side of the road will move over entirely to his own side. This idea is incorporated into statutes governing improper lane usage. By its terms, if a roadway is divided into two or more marked lanes of traffic, a motorist must stay in his lane of traffic so far as possible or practical and may not move from his lane without first ascertaining that such a movement could be safely done. More... |
|
|
| Driver Alcohol Education Programs as a Penalty for DUI/DWI |
|
| When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders. More... |
|
|
| Overview of License Violations |
|
| State statutes require drivers or motor vehicle operators to obtain a driver's license in order to drive on the public roads and highways. These statutes are intended to promote safety on the roadways by ensuring that there is a minimum level of competence and skill by all drivers. The statutes further serve as a device for the efficient enforcement of police regulations that govern the use of public roadways. There are various laws and regulations that must be followed by all motorists holding driver's licenses. More... |
|
|
| Elements of Felony DUI/DWI |
|
| The elements of the criminal offense of driving under the influence (DUI) and driving while intoxicated (DWI) are universal in most jurisdictions. The elements include the following: (1) that the defendant operated or was in physical control of a vehicle upon a roadway; (2) within the court's jurisdiction; and (3) and the operation occurred while the defendant was either under the influence of an intoxicant or narcotic to the extent that his or her normal faculties were impaired or the defendant was driving with a blood alcohol concentration above a prohibited level. More... |
|
|