Newsletters

Defendant's Right to Independent Chemical Test in Drunk Driving Cases

Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test.

Overview of License Violations

State statutes require drivers or motor vehicle operators to obtain a driver's license in order to drive on the public roads and highways. These statutes are intended to promote safety on the roadways by ensuring that there is a minimum level of competence and skill by all drivers. The statutes further serve as a device for the efficient enforcement of police regulations that govern the use of public roadways. There are various laws and regulations that must be followed by all motorists holding driver's licenses.

DUI School

In an effort to attack the problem of drunken driving, most drunk driving legislation currently provides a combination of punishment and treatment. Consequently, offenders charged with driving while intoxicated (DWI) or driving under the influence (DUI) are sentenced to probation rather than incarceration. As part of their probationary conditions, DWI/DUI offenders are often directed to participate in a driver education program, commonly referred to as "DUI schools," which incorporate alcohol rehabilitation and education programs.

Criminal Offense of Unsafe Passing

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.

Criminal Offense of Failing to Provide Proof of Insurance and Registration

All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner's birthday with the state's department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle's registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver's license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested.