Traffic Law DUI/DWI Newsletters

Criminal Offense of Failure to Assist an Injured Person

Motorists involved in any type of motor vehicle accident where personal injury or death occurs are required to remain at the scene until police arrive. All states have statutes setting out certain procedures a motorist must follow after involvement in a collision causing death or injury. Moreover, the statutes treat the term "accident" or "collision" to include all automobile collisions, intentional as well as unintentional.

Criminal Offense of Hit and Run and Failure to Remain at the Scene

A hit and run car accident is generally defined as a person's failure to stop after a motor vehicle accident. When a person operating a motor vehicle is involved in an accident, the operator is legally required to stop, provide information to the owner of whatever property is damaged, and provide any aid to anyone who may have been injured. Many state statutes require a motorist to render all the aid that reasonably appears to him or her, as an ordinary person, to be necessary. The duty is not excused even if the injured person is unconscious, dead, or believed to be dead.

Penalties for DUI/DWI Offenses Involving Operation of Aircraft

A state may enact a statute rendering it unlawful to operate an aircraft while under the influence of intoxicating liquors, or in such a careless and reckless manner as to endanger the life or property of another. These statutes will also impose penalties, typically a fine and potential incarceration. Such statutes are strictly enforced, and any conviction can be later used to enhance a charge of operating a motor vehicle while intoxicated.

Probable Cause in Drunk Driving Cases

In order to make a lawful arrest for drunk driving, there must be "probable cause" to believe that the driver has violated the drunk driving statute. ''Probable cause'' exists when the facts and circumstances within the officer's knowledge at the time of the arrest are sufficient to warrant the belief by a reasonable and prudent person that an offense has been committed. Probable cause must be based on objective facts and circumstances and not upon the personal opinions or suspicions of the officer. Further, probable cause must exist at the moment of police action and not thereafter.

Victim Impact Statements in DUI/DWI Cases

Victim impact statements are typically addressed in cases involving drunk driving accidents resulting in serious injury or death. Such offenses are charged as felonies, punishable by incarceration of up to five to seven years in the case of injury and up to 30 years in the case of death.