The Refusal of a Breath Test is Under Review: 4th Amendment Right or Criminal Action?

The Refusal of a Breath Test is Under Review: 4th Amendment Right or Criminal Action?

This past week, oral arguments at the United States Supreme Court were held on one of the most important issues in DUI law to date: Is refusing to provide a breath sample a separate criminal offense within a DUI charge?

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DUI Legislation 2016

DUI Legislation 2016

New DUI Laws are once again afoot. The DUI landscape is constantly changing, whether they be complete overhauls or subtle tweaks, there is not a year that goes by without DUI law amendments. This year there are 3 significant changes.

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Breakthrough Therapy May Create New Legal Problems

Breakthrough Therapy May Create New Legal Problems

We are now entering the slippery slope where medical marijuana patients will have to register with a drug database. As Ketamine has historically been known as a party drug, those using it for depression treatment might find themselves suddenly caught up in the aggressive drugged driving enforcement because they merely have it in their systems, and may soon have to register in a database as well.

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You Have The Right To A Lawyer - You Just Do Not Have The Right To A Meaningful Discussion!

You Have The Right To A Lawyer - You Just Do Not Have The Right To A Meaningful Discussion!

The first step in rule interpretation is to read it for its plain meaning. If its susceptible to more than one meaning then the Court will look to what they think it means. That is a pretty obvious approach and it makes sense. As I read the rule it all seems pretty obvious. . .once in custody of police, or in other words once a person is arrested they are to be afforded the opportunity to speak with a lawyer if they want to.

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DUI Vacation?

DUI Vacation?

Do not let the title of this blog fool you, I am not discussing going on vacation and being arrested for DUI, rather I am talking about whether You can remove a DUI from Your criminal record. Like

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Jonathan Inducted into Worldwide Registry

Jonathan Inducted into Worldwide Registry

Worldwide Registry has just issued a press release celebrating Jonathan Rands' thirteen years of professional experience as an attorney. Jonathan was recently inducted into Worldwide Registry, an

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Supreme Court revisits seizures and searches that violate 4th Amendment

Supreme Court revisits seizures and searches that violate 4th Amendment

This month the United States Supreme Court (USSC) issued a decision the revisits seizure and subsequent searches that violate citizen’s 4th Amendment Right to be free of unreasonable searches. For the last several months the USSC has been affirming our civil rights on the federal level, and in this day and age it is nice to see this jurisprudence.

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What Is SR22 Insurance And Why Do I Need It?

What Is SR22 Insurance And Why Do I Need It?

SR22 is a form of insurance that proves or guarantees financial responsibility and this comes about by having had a license suspension or revocation imposed by the DOL. The most common method of a license suspension that triggers SR22 is a DUI arrest AND THEN A DOL ACTION THAT FOLLOWED. It is a common misconception of many that once arrest arrested for DUI you IMMEDIATELY suffer a license suspension or revocation.

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The Presumption of Innocence

The Presumption of Innocence

The corner stone of our criminal justice system and the Constitutions of County and States is a simple statement – an accused is presumed innocent until proven guilty, and the proof must also be that which is beyond a reasonable doubt. But that does not seem to be the case when it comes to DUI charges.

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2014 DUI Laws Year in Review

2014 DUI Laws Year in Review

2015! I’m a few days date in terms of discussing the New Year and the year in review but better late than never. Time is always of the essence because it feels like you need more, to finish that project or just make it to work on some days. Likewise it takes time to blog and write about the things that matter in my world. With that I will state that it is my new year’s goal to tell you all more about the rule of the law in the DUI world on a more regular basis. So with that promise and with no further delay let me review the busy world of DUI law that was 2014.

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