Many states require a person convicted of DUI to install an ignition interlock device on their car. The ignition interlock device functions much like a breathalyzer machine as it detects whether or not the driver of a vehicle has consumed alcohol. In most cases, the ignition interlock device will prevent the driver from starting the vehicle if it measures a… (more…)
In 1990, the United States Supreme Court ruled in Michigan v. Sitz that the infringement of Fourth Amendment rights caused by DUI checkpoints is overshadowed by the potential public benefit of getting dangerous, impaired drivers off the road. The court added that DUI checkpoints must follow certain guidelines to be legal: •Decisions must be made by supervisors, not arresting officers… (more…)
This Garner DUI lawyer would like to comment on a legal issue litigation that is often overlooked — did the police have the right to pull a motorist (who may or may not have been drinking) over in the first place? Now, first and foremost, the law on whether or not the police have the right to pull a motorist… (more…)
This Cary DUI lawyer previously commented on proposed prohibition of DUI checkpoints and technology devices to detect DUI checkpoints. Today I (Cary DUI lawyer) would like to say a few words on the constitutionality of such DUI checkpoints. If you have ever been stopped at a sobriety checkpoint in the Raleigh area, you may have wondered whether law enforcement officers can… (more…)
This Cary DUI lawyer has previously posted about the high rate of DUI arrests in North Carolina and the increase of DUI arrest among women. Now, I would like to say a few words on the discrepency of arrest rates among law enforcement officers. Presumably, every officer faced with the same facts and circumstances would make a similar decision on… (more…)