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Over the course of our country's history, each state has developed its own unique set of laws. While there may be some similarities between the statutes in different states, by and large, no two states have the exact same legal code. Because of these different laws, what is legal in one state may...

One key piece of evidence that the prosecution uses when building a DUI case is the driver's blood alcohol content (BAC). Typically, drivers who are arrested will be asked to submit to either a breath or blood test in order to measure the amount of alcohol in their system. The legal limit in most...

In early February 2017, the Arizona Supreme Court clarified the requirements that must be met in order for a particular warrant exception to apply in State v. Nissley. The exception at issue, called the blood draw exception, "requires medical personnel to provide [to law enforcement] upon request...

When you see the flashing red and blue lights behind your car, you may expect a number of things to happen. You expect the officer to ask to see your license and registration and tell you why he or she stopped you. If you were stopped for speeding, you can expect a warning or a ticket and if you ...

Law enforcement agencies around the country are still adjusting to the Supreme Court's decision in a trio of cases commonly referred to as Birchfield v. North Dakota. The cases dealt with the issue of whether or not police officers needed to get a warrant in order to get a breath or blood sample ...

Nowadays, police cars have dash cams to record the activities of law enforcement officers while they are on patrol. The footage that these cameras record is frequently used by police and prosecutors as evidence in criminal cases. In addition, the footage can be used by defendants to prove that th...

When most people here that a person has been arrested for DUI, the automatic assumption that people will have is that the person who was arrested was drinking while driving a motor vehicle like a car, truck, or motorcycle. While this is the case much of the time, there are instances where people ...

The Super Bowl draws more than 100 million viewers every year and is such a big event that one company has even decided to give its employees the day after the game off. This annual tradition began way back in 1967 when the very first Super Bowl was held in Los Angeles, California. The Kansas Cit...

Sobriety checkpoints have been a hub of legal dispute since their induction onto American roads in 1986. The Washington Supreme Court ruled in 1988 that the checkpoints were in violation of individual privacy rights, subsequently outlawing them in the state. 12 states in total have adopted this c...

As of the 2016 election, medical marijuana is now legal in 29 states as well as the District of Columbia. Arizona is among the states that have legalized marijuana for medical purposes, passing the law in 2010. However, driving while under the influence of marijuana remains illegal. If a driver i...

Courts across the country are still dealing with the implications of the United States Supreme Court decision in Birchfield v. North Dakota that was decided in June of 2016. Just prior to the start of the holidays, the Washington Supreme Court handed down a decision in two cases, State v. Baird a...

The Washington Supreme Court recently handed down a decision in two cases. Both dealt with whether or not evidence of a driver's refusal to take a breath test can be used against that driver at trial. This is the second part of the discussion of this case, Part One can be found here. In the case...

If suspected drunk driver takes a breath test and the results show that driver's BAC to nearly .40%, then it should be an open shut case. A blood alcohol content that high is so dangerous it is considered life-threatening, according to CNN. Clearly, the driver must be intoxicated. But what if it'...

Many action movies feature a high-speed car chase scene. For many, many reasons the characters end up chasing each other through the streets, driving at high speeds, making sudden turns, and causing all sorts of mayhem. One movie franchise that is particularly known for its intense driving scenes...

The state of Washington is one of the seven U.S. states that has legalized marijuana for recreational use. Something that can occur when a new law is passed is the emergence of new legal issues as the law is being implemented. Recently, the Washington Supreme Court had the opportunity to address ...

In 2014, there were over 1.1 million people arrested for driving under the influence of alcohol or other substances. People can get a DUI while operating all kinds of motor vehicles including golf carts, ATV's, and mopeds. The West Virginia Supreme Court recently dealt with the issue of where an ...

Earlier this summer, the Washington State Supreme Court issued a ruling which, upon first glance, seemed to restrict the courts' power to require DUI defendants to wear an electronic alcohol monitoring device (SCRAM) during the pretrial period. Upon closer inspection, however, any limitations art...

When most people think of driving under the influence, the image that comes to mind is an intoxicated driver roaming around in a car or other motor vehicle. However, there are a number of other types of transportation devices that people can, and have, gotten charged with driving under the influe...

Last month the United States Supreme Court came down with a decision in the case of Birchfield v. North Dakota. In that case, the court dealt with the question of it was constitutionally permissible to subject people to criminal penalties for refusing to take a warrantless breath or blood test. T...

As it turns out, even judges can have one too many and make the unfortunate decision to get behind the wheel of a car. And when they do, they face the legal consequences of their actions like every other citizen. Here are several instances from around the country where a judge got a bit too tipsy...

Ignition interlock devices are used to prevent drivers who are intoxicated from being able to operate their motor vehicles. A person who has an ignition interlock device installed in his or her car must first blow into the device before that person can start the car. If the device measures a set ...

The New York Times Magazine recently ran an article about the quick roadside chemical tests that are often used by law enforcement officers to determine if a substance is an illegal drug or not. This is a two part post. To read the first part click here. Amy Albritton had a felony conviction on...

The New York Times Magazine recently ran an interesting article about how a simple roadside chemical test is producing false positive results and sending innocent people to jail. The story recounts the experiences of Amy Albritton, a victim of an erroneous roadside test. In August of 2010, Albri...