| Warrantless Searches of Automobile Compartments |
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| The law of search and seizure is guided by the Fourth Amendment to the United States Constitution. This amendment, which protects individuals from unwarranted invasions of their privacy interests, requires that searches of private property be performed pursuant to a search warrant. Over time, however, the United States Supreme Court has allowed an exception for warrantless searches of automobiles. The justification for the exception is based upon the mobility of automobiles and the diminished expectation of privacy in automobiles. 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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| Expungement of DUI/DWI Convictions |
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| If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged. More... |
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| Overview of Implied Consent in Drunk Driving Cases |
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| Understandably, when a motorist is pulled over for drunk driving, the motorist is generally reluctant to agree to a chemical test because the test results could be used as evidence to convict the motorist of a drunk driving offense. Many states have implied consent laws that essentially provide that a person that drives a motor vehicle is deemed to have given consent to chemical testing of his or her blood or urine for the purpose of determining the alcohol content of the motorist's blood if the motorist is lawfully arrested. 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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