| The Driver License Compact and DUI/DWI Cases |
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| The Driver License Compact (DLC) is an interstate agreement among the party states to share traffic safety information and to ensure that drivers who commit traffic and vehicle code violations in party states are sanctioned in the driver's home or licensing state. More... |
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| Not Guilty by Reason of Insanity Defense to DUI/DWI |
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| Although a defense of not guilty to drunk driving by reason of insanity may seem a bit far-fetched, this defense has worked in some cases. If a defendant asserts a defense of insanity, he is essentially asking the court to declare him legally insane. More... |
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| Probable Cause in Drunk Driving Cases |
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| 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... |
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| Sober Living as Alternative Sentencing for DUI/DWI |
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| A court may consider imposing alternative sentencing in lieu of the statutorily required and/or suggested penalties for the repeat offender of a state's laws governing driving while intoxicated and/or driving under the influence (DWI/DUI). One such alternative is the "sober living" environment. Not all states allow this alternative; these states impose a mandatory sentence of imprisonment upon a repeat offender with no sentencing alternatives. More... |
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| Criminal Offense of Driving without a Valid Driver's License |
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| It is illegal to drive a vehicle on a street or highway without a valid driver's license. The right to drive an automobile on public roads is a privilege and not a right. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license. More... |
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