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Traffic Law DUI/DWI

Not Guilty by Reason of Insanity Defense to DUI/DWI
Although a defense of not guilty to drunk driving by reason of insanity may seem a bit far-fetched, this defense has worked in some cases. If a defendant asserts a defense of insanity, he is essentially asking the court to declare him legally insane. More...
Penalties for Drunk Driving
State legislatures have enacted drunk driving laws that impose strict penalties on offenders. One of the mechanisms most widely used to combat drunk driving and increase highway safety is administrative license suspension (ALS). More...
Admissibility of Evidence of Drug Use in Driving Under the Influence of Drugs Cases
The finding of a drug of abuse in a subject's blood or urine may result in extreme prejudice against the defendant even if evidence of impairment is not convincing. The mere presence of such a controlled substance may be enough for conviction. For this reason, many courts require probable cause for suspecting drug impairment before a sample can be taken and/or analyzed for the drug. The Drug Evaluation and Classification program (DRE) evaluation in some cases will be enough to show probable cause. More...
Penalties for DUI/DWI Offenses Involving the Operation of a Boat
The United States Coast Guard and the states cooperate fully in enforcement of laws to remove impaired boat operators from the waters. Both the Coast Guard and every state impose stringent penalties for violating boating under the influence (BUI) laws. More...
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. More...

Areas Of Practice

  • Accidents
  • Auto Accidents
  • Automobile Accidents
  • Bicycle Accidents
  • Criminal Defense
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Law Office of
Michael L. Pescatore
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