In a prosecution for speeding, the prosecutor has the burden of proving each and every element of the case by competent and credible evidence. Normally, the proof will be obtained by the prosecutor from the testimony of the officer. The basic testimony will convey a visual observation or independent estimate of speed made by the officer, corroborated by a calibrated speedometer reading or calibrated radar unit readout. There are essentially five ways for law enforcement officers to determine speed: (1) pacing the motorist's vehicle with the officer's patrol car; (2) obtaining a time-distance measurement with manually activated time; (3) obtaining a time-distance measurement with automatically activated time distance devices; (4) radar; and (5) laser devices.
Although most convictions from drunk driving are misdemeanors, any person convicted of drunk driving will have a criminal record. Drunk driving convictions can affect your ability to obtain or continue your employment. The majority of employers will run a background check on you and discover that you have been convicted of a drunk driving offense. For many employers, this will automatically disqualify you from employment.
A defendant who has been charged with driving under the influence (DUI) or driving while intoxicated (DWI) does not necessarily have a right to a jury trial. Whether a defendant has the right to a jury trial will depend upon the state.
Audio and visual evidence is evidence that appeals to our auditory and visual senses. In other words, it is evidence that we can see or hear. Videotapes and photographs are examples of visual evidence. A voice recording is an example of audio evidence. Audio and visual evidence is often used in drunk driving cases.
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.
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