TRAFFIC LAW DUI/DWI NEWSLETTERS
The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving.
Passing another vehicle is an important part of driving; if done poorly, it can be a dangerous and even fatal maneuver. The statutes addressing passing generally require motorists to allow a passing motorist, moving in the same direction, free passage to the left. The overtaken motorist is specifically prohibited from increasing his or her speed to prevent the overtaking motorist from passing.
A charge of driving with a suspended or revoked driver’s license is a serious charge. It is against the law to drive when your driver’s license is suspended or revoked. It is also against the law to drive if you do not have a license and your right to apply for one has been suspended or revoked.
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.
In the ordinary case, a search of private property must be both reasonable and conducted pursuant to a properly issued search warrant. However, law enforcement officers are empowered to search an automobile without a warrant, so long as it can be demonstrated that exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative and that probable cause existed for the search. The doctrine was initially premised on the notion that there was a constitutional difference between houses and cars, which are inherently mobile. However, mobility is no longer the prime justification for the automobile exception; rather, it is the diminished expectation of privacy which surrounds the automobile.
Answers to a listing of frequently asked questions can be found here.