Traffic Law DUI/DWI
| Criminal Offense of Failing to Provide Proof of a Vehicle's Inspection |
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| Many states require a motorist to obtain a vehicle inspection before the vehicle can be titled in the state. The inspections in most states consist of two primary parts. The first part of the inspection is a safety inspection, which covers such items as tires, brakes, and windows. The second part of the inspection is an exhaust emissions inspection, which checks the vehicle's exhaust and tests the fuel system for leaks. More... |
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| Criminal Offense of Defective Equipment on a Motor Vehicle |
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| Because an improperly maintained motor vehicle threatens a grave risk of serious bodily harm or death, the maintenance of a vehicle is of the utmost importance to the driving public. The responsibility for minimizing that risk or compensating for the failure to do so properly rests with the person who owns and operates the vehicle. Accordingly, state vehicle codes usually declare that it is unlawful for any person to drive a vehicle unless it is in such safe mechanical condition that its operation on the highway will not endanger the driver, a passenger, or any other person on the highway. Thus, these codes impose a duty upon the operator to see to it that the vehicle is properly equipped as to maintain control and pose no menace to other traffic on the highway. More... |
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| License Revocations for DUI/DWI |
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| A driver who is arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is likely to be subject to either a license suspension or a license revocation. Courts are generally limited and cannot change or alter a license revocation to limit the impact on the defendant. License revocations are considered a civil penalty that are imposed to protect the public rather than a criminal penalty. More... |
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| Penalties for DUI/DWI Offenses Involving the Operation of a Boat |
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| The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws. More... |
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| "Involuntary Intoxication" Defense to a DUI Charge |
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| Because driving while intoxicated is a strict liability offense, meaning that it does not require specific intent, the defense of "involuntary intoxication" is often difficult to assert. Involuntary intoxication is a defense to criminal culpability when it is shown that: (1) the accused has exercised no independent judgment or volition in taking the intoxicant; and (2) as a result of his intoxication, the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirement of the law he allegedly violated. More... |
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