| Criminal Offense of Failure to Use/Improper Use of Turn Signals, Headlights, and Emergency Flashers |
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| In the exercise of its police power, a state may establish minimum equipment and usage standards for lighting equipment of motor vehicles, including headlamps, rear lighting, turn signals, and hazard warning lights. More... |
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| Elements of DUI/DWI Offenses Involving Operation of Aircraft |
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| It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code. More... |
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| Penalties for Criminal Offense of Driving While Impaired |
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| The penalties for driving while impaired tend to be less harsh than the penalties for driving while under the influence or driving while intoxicated. The penalties for driving while impaired do vary depending upon the state. In most cases the offense for a first time offender is considered a misdemeanor. More... |
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| Admissibility of Field Sobriety Tests in Drunk Driving Cases¤ |
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| There are three standardized field sobriety tests (FSTs) that make up the Standardized Field Sobriety Test battery. They include the horizontal gaze nystagmus (HGN) test, the "walk and turn" test, and the "one-leg stand" test. The HGN test refers to an involuntary jerking as the eyes gaze toward the side. When intoxicated, a person's smooth and accurate control of his or her eye movements will break down. The walk and turn test and the one-leg stand test are referred to as the "divided attention" tests, which simulate the mental and physical capabilities a driver needs to drive safely. Of the three FSTs, the HGN is considered the most reliable field sobriety test, especially when used in combination with the divided attention tests. More... |
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| Penalties for Driving at an Excessive Rate of Speed |
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| While a speeding conviction is generally not considered a serious offense, it may have serious implications. If the speed is considered "excessive," (e.g. 30 to 60 miles over the posted speed limit), the conviction will include a fine, imprisonment, and possible suspension of a driver's license. Other criminal actions related to speeding may include "reckless driving" and "racing." Moving violations are either traffic infractions or criminal misdemeanors, and they may necessitate a court appearance.
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