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D. Jesse Smith


Traffic Law DUI/DWI

License Revocations for DUI/DWI
A driver who is arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is likely to be subject to either a license suspension or a license revocation. Courts are generally limited and cannot change or alter a license revocation to limit the impact on the defendant. License revocations are considered a civil penalty that are imposed to protect the public rather than a criminal penalty. More...
Expungement of DUI/DWI Convictions
If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged. More...
Necessity Defense to a DUI Charge
There are certain defenses that can be raised by a motorist charged with the offense of drunk driving, either driving while under the influence (DUI) or driving while intoxicated (DWI). One such defense is the "necessity" defense. This defense, which is sometimes referred to as ''choice of evils,'' and ''competing harms'' defenses, is presented when the motorist admits that he or she drove while intoxicated, but did so under threatening circumstances. The necessity defense exculpates the motorist for conduct that would otherwise be a crime when the motorist engages in the conduct in order to prevent something worse from occurring. More...
Double Jeopardy Defense in DWI/DUI Cases
Drunk driving defendants have challenged the constitutionality of the states' dual use of administrative license suspension (ALS) statutes and criminal driving while intoxicated (DWI) prosecutions with the so-called Double Jeopardy Drunk Driving defense. More...
Penalties for DUI Manslaughter
Manslaughter is the unlawful killing of another human being, but not done with intent or malice. In response to the increasing number of homicides caused by drunk drivers, some states have created a distinct offense for deaths caused by drunk driving. These are commonly referred to as, inter alia, "vehicular manslaughter", "manslaughter with a vehicle," "negligent homicide manslaughter," or "DUI manslaughter." More...

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