Criminal Offense of Failing to Provide Proof of Insurance and Registration

All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner's birthday with the state's department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle's registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver's license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested.

Warrantless Searches of Automobile Compartments

The law of search and seizure is guided by the Fourth Amendment to the United States Constitution. This amendment, which protects individuals from unwarranted invasions of their privacy interests, requires that searches of private property be performed pursuant to a search warrant. Over time, however, the United States Supreme Court has allowed an exception for warrantless searches of automobiles. The justification for the exception is based upon the mobility of automobiles and the diminished expectation of privacy in automobiles.

"Involuntary Intoxication" Defense to a DUI Charge

Because driving while intoxicated is a strict liability offense, meaning that it does not require specific intent, the defense of "involuntary intoxication" is often difficult to assert. Involuntary intoxication is a defense to criminal culpability when it is shown that: (1) the accused has exercised no independent judgment or volition in taking the intoxicant; and (2) as a result of his intoxication, the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirement of the law he allegedly violated.

Chemical Test Presumptions in Drunk Driving Cases

If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence."

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.