Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Senate Majority Leader Sheldon Killpack Arrested Under DUI »
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- The Senate majority leader Sheldon Killpack was arrested early Friday for investigation of DUI.
The Republican from Syracuse said in a statement released by the Senate, “ I am deeply sorry for the impact this incident will have on those who support and trust me-my colleagues in the Senate, my constituents and, most importantly my family, I am a firm believer in responsibility and personal accountability, an am prepared to accept all personal, legal and political consequences for my actions.”
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Governor Jim Doyle Signs Tougher DUI Bill into Law »
A new bill has been signed by Governor Jim Doyle, which introduces a law that cracks down on drunk drivers in Wisconsin. Senate Bill 66 passed unanimously in both houses of the state legislature, and Governor Jim Doyle, made it official.
According to the new tough drunk driving law, it is a felony for a fourth offense, requiring ignition interlock devices for second offenders, or high blood alcohol levels for first time offenders.
Moreover, it criminalizes a first offense if a child under 16 is in the vehicle.
Wisconsin has followed the country for many years in drunk driving legislation, and according to people, it’s time our state sobers up.
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“The Death Penalty for DUI” Is it Justified? »
Yes, here I am talking about the death penalty. In a drunk driving case. Here in United States. For murder…… No, that is not for an involuntary manslaughter. Not for vehicular homicide. Murder. And that is a first-degree murder. Likewise someone has pointed a gun at someone and pulled the trigger. MADD has achieved so much success in their political pressure campaigns that they’ve actually gotten some courts and legislatures to create a new type of crime which is referred to as “DUI murder”.
Just hold on for a minute, you say. I thought if you want to kill a person then you had to intend to kill him or her. You have to "premeditate" and such kinds of other things, right? Well, yes and no. Of course, each state is a little different, but most od the states follow similar laws. And by those laws generally a homicide ("the killing of another human being") has been broken into different categories. The first one is excusable homicide that is such a homicide where, due to the self-defense or other justification, the death is not considered as a crime. Next one is "manslaughter" — basically, which is considered as a killing but that is not murder. Usually there are two kinds of manslaughter: voluntary and involuntary.
Voluntary manslaughter is sometimes referred to as a killing in the "heat of passion"; means that you lacked the time or ability to reflect on the act.
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Drunk Driving and Double Jeopardy »
Whenever a police officer arrest a person for DUI, he takes away his driver’s license and he give him a notice of "administrative suspension". He also gives him a citation to appear in court in order to face criminal drunk driving charges.
Usually these are two very different procedures:
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the administrative suspension that is held for driving with blood-alcohol of .08%, in most states this is administered by its department of motor vehicles, and
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the criminal prosecution for the two separate offenses of driving under the influence of alcohol (DUI) and driving with .08%, and this takes place in the courts.
Explaining this in other words, even though the person who is convicted drove only once, but he is being prosecuted for two different crimes: DUI and driving with a .08% BAC. The possibility is that he can even be convicted of both offenses (although he can only be punished for one). How is that possible?
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