Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI Patrols Out Saturday »
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- The Napa Police Department will keep a close eye on some parts of the city searching for impaired drivers on Nov. 14.
The concentration will be on those areas of the city where driver are mostly arrested due to driving under the influence. Moreover, these will also include those are where large number of accidents have taken place because of this act.
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Accuracy, Honesty and Rights: Field Sobriety Tests in Florida »
If you’re ever pulled over under suspicion of DUI in Florida, the officer will normally perform a Standardized Field Sobriety Test (SFST) and take a breathalyzer reading.
The SFST is used to estimate the level of intoxication and can provide the cause to arrest. A breathalyzer is used mostly to confirm intoxication.
Sometimes, the breathalyzer may return a negative reading, contradicting the results of a field sobriety test. There have been many cases involving a driver that has been arrested after a SFST and registered a completely legal BAC at the station.
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Unlawful Police Stops »
It is compulsory for an officer to have a valid, probable cause for ordering a driver to legally pull over for suspected drunk driving. Probable cause in this case can be defined as a reason sufficient enough to believe that illegal activity is taking place, not just a hunch or suspicion.
Before asking to stop, the officer should have observed actual signs that indicate intoxication. These may include swerving, speeding, driving too slowly and disobeying a traffic law which give the officer a reason to ask you to pull over for DUI.
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Sleeping In The Car: DUI? »
Many times, DUI offenders are arrested after they have been reported to be asleep behind the wheel of a car, even when the car has been parked somewhere and are far away from a public roadway.
Recently, a DUI arrest had a public figure involved who argued that he was simply too tired to drive and was catching some sleep at a gas station parking lot, in his car. An officer arrested the man for DUI, even though the car was parked. Although the man refused to give a breath test, he failed sobriety tests according to the officer.
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Field Sobriety Tests »
When a driver is stopped over for by a police officer on the suspicion of drunk driving, the law enforcement officer is expected to ask him/her to pass one or more field sobriety tests, in order to check whether a driver is under the influence of alcohol by evaluating the examination of mental and physical activities.
According to the National Highway Traffic Safety Administration (NHTSA), there are three tests which have been examined and labeled Standardized Field Sobriety Tests. These include the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus.
1. Walk and Turn
The driver will be asked by the law enforcement officer to walk in a straight line, heel to toe, and then turn and walk the other way. This test is used to evaluate a driver’s balance and power to abide by directions.
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Man gets Maximum for Death of Friend in DWI Crash »
Today, a young man got the maximum penalty from court for causing the death of a friend. The death was caused due to a drunken-driving crash. The driver was also driving without a license due to a previous DWI conviction.
Judge Alex R. Renzi of Monroe County Court sentenced Aaron M. Boop to prison for five to 15 years for the death of Nicholas A. Zajac in Wheatland on Oct. 21, 2008.
The trial was carried out last month for the first degree vehicular manslaughter, second-degree manslaughter, first-degree aggravated unlicensed operation, driving while intoxicated and driving without a license. Boop, 20, of Avon, Livingston County was convicted in the trial.
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Are Field Sobriety Tests Accurate? »
The accuracy of Field Sobriety Tests (FSTs) cannot be guaranteed as there are many other factors that also affect a person’s behavior.
Whether a person is arrested, gets charged, or gets his license revoked at the DMV hearing is all largely dependant on the police officer’s judgment. The probability of a conviction is also strongly dependent on the police officer’s testimony, as well as the contents of the police report.
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What are Field Sobriety Tests »
Many accidents are reported everyday that happen just because of driving under the influence. However, without conducting some medical tests, it is sometimes hard to determine whether the driver is drunk or not.
Therefore, in order to find out, the police officers use a variety of field sobriety tests. But before conducting the tests, the police must have enough argument to stop your car.
A driver can be stopped only if he or she is driving strangely or violating the rules of the road. After being stopped for that, if the officer smells alcohol, or has a reason to believe that the driver is drunk, he has the right to ask the driver to pass few tests.
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How Does a Drunk Driving Conviction Affect Your Insurance? »
Your automobile insurance rates are likely going to go up for at least three years, in most states, if you are convicted of drunk driving. Most probably, you will also be learning a lot about something called SR-22.
Your state may call it differently, but no matter whether it is called driving under the influence, driving while intoxicated or operating a vehicle while intoxicated, if you are convicted of any of those offenses, there are great chances that your insurance rates will increase before you are allowed to drive again.
Laws Vary by State
Different states may have various penalties regarding drunk driving, but it is for sure that in every state, impaired driving conviction may result in the suspension of your driving privileges, for at least 30 days to one year, even on the first offense.
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