| Criminal Offense of Improper Lane Usage |
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| 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... |
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| License Suspensions for DUI/DWI |
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| Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public. More... |
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| Admissibility of Field Sobriety Tests in Drunk Driving Cases¤ |
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| There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... |
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| Use of HawkEye Infrared Device to Check for DUI/DWI |
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| A California company has created a new tool for law enforcement in the war on drinking or taking drugs and driving. The HawkEye law enforcement system is a lightweight, handheld device that captures a driver's eye behavior on either a computer or DVD. The device is now being used by police officers at select sobriety checkpoints throughout the United States. More... |
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| Consequences for Refusing to Submit to Blood Alcohol or Field Sobriety Tests |
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| As chemical testing has evolved into a much relied on prosecution tool, ''implied consent'' laws have evolved to defeat the drunk driver's inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished. More... |
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