| Penalties for DUI Manslaughter |
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| Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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| Elements of Criminal Offense of DUI Manslaughter |
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| If a driver's act of drunk driving results in the death of another person, the driver will be charged with some form of homicide. Some states, however, treat the offense as a form of aggravated drunk driving, variously described as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More... |
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| Use of Prior Convictions/Prior Misconduct at DUI/DWI Trials |
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| The statutes of almost all states provide for an increased penalty against a person convicted of a second or subsequent charge of drunk driving, with additional penalties ranging from higher fines to mandatory imprisonment and mandatory suspension of a person's driver's license. Since prior convictions are elements of the enhanced offense, they must be charged and proven by the prosecution. More... |
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| Displaying a Fictitious or Fraudulent Inspection Certificate |
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| The 1990 Clean Air Act required the implementation of vehicle inspection and maintenance programs in areas that were moderate or worse nonattainment for ozone or carbon monoxide. Over half of the states have such programs in operation. The vehicle inspection programs vary by state. Some of the programs test only emissions, while other programs include inspections for safety features along with the emissions tests. 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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