Category: Traffic Violations

 

License “points” are points that accumulate on your driving record following each traffic offense. Different offenses have different point rankings, with more serious infringements earning more points. Unlike citations, which are physically presented to you, and which you know you must address within a certain amount of time, points have no tangible counterpart that go along with them, and therefore they can be difficult to keep track of.

 

I was asleep in my car, but I got charged with DUI – shouldn’t my case be dropped?

 

Not everyone who gets charged with a DUI was caught driving, and pulled over by a police officer. Many folks charged with DUI were never pulled over; they were contacted by a law enforcement officer because they were asleep in their vehicle. This can be confusing to some because the “driving”

A DUI case can easily become something much more serious if there is a serious injury or even a death involved. In those cases, a DUI charge is elevated to a charge of Vehicular Assault or Vehicular Homicide.

 

Any time a DUI or DUID is elevated to a charge of Vehicular Assault or Vehicular Homicide, the legal standard that applies is one of strict liability. What that means is

I have a prior DUI in another state. Do I need to disclose this to the court or to the prosecutor?

The answer, as with many legal questions, is that “it depends”.

Having a prior DUI can greatly impact the outcome of your pending driving under the influence case. A case in which you may not see a day in jail can easily become one in which a jail sentence

Even a relatively minor DUI case can have serious and far-reaching consequences for any driver holding a CDL (Commercial Driver’s License).  If you lose your DMV hearing, you face the loss of your CDL for one year.  Even if you win the DMV hearing, you face the loss of your CDL should you be convicted of drunk driving in court.  For purposes of suspending your commercial driving privileges, it does