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presumption of innocence Tag

04 December
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In the Military and Get a DUI? What You Can Expect

Posted by Clint
in Blog
In the Military and Get a DUI? What You Can Expect

If you are in the military and get a DUI, you must find out what to expect next. DUI charges or a conviction can have a huge impact on your future in the military and on your life in general. Here is what you need to know. Your Commanding Officer Will Find Out If you have any illusion that your commanding officer will not find out about your arrest, forget it now. He or she will find out and order you back to base. Whether your fellow soldiers tell all or the police call the base, word will get back to the...

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09 February
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Can You Be Arrested for Suspicion of DUI?

Posted by Clint
in Blog
Can You Be Arrested for Suspicion of DUI?

It is tricky to answer the question “can you be arrested for suspicion of DUI?” The United States legal system presumes that a driver is innocent until proven guilty in a court of law, even if an arresting officer suspects the driver committed a crime. Yet many states seem to have DUI laws that presume guilt before a court trial occurs and permit police officers to question drivers without any suspicion at all. In some sense, all DUI arrests are based only on a suspicion rather than on conclusive proof, but drivers face laws that are targeted to convict even...

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15 September
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Presumption of Innocence in DUI Cases

Posted by Clint
in Blog
Presumption of Innocence in DUI Cases

The presumption of innocence is the founding premise of the American criminal justice system. It states that you are presumed to be innocent of a crime unless and until you are found guilty in a court of law. In DUI cases, the presumption of innocence is important because drivers have many available defenses to DUI charges that may not be obvious at first, such as failure to follow proper breath test procedures. If drivers were presumed guilty of a DUI without the chance to establish defenses, their cases might turn out very differently. The case of Morissette v. United States, 342...

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