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LEGAL TIPS

DUI - DWI - ODWI? :
Unlike DUI, DWI, or OWUI cases that involve alcohol, there is generally no per se or legal limit that is employed for persons accused of driving under the influence of prescription medication or illicit drugs (although this is not the case in Ohio[citation needed]). Instead, the key inquiry focuses on whether the driver's faculties were impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication or illegal drugs can therefore be difficult.


Legal Term "BATTERY" Print E-mail

quick-response In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm.


Battery is often broken down into gradations for the purposes of determining the severity of punishment. For example:

  • Simple battery may include any form of non-consensual, harmful, or insulting contact, regardless of the injury caused. Criminal battery requires an intent to inflict an injury on another, as distinguished from a tortious battery.
  • Sexual battery may be defined as non-consensual touching of the intimate parts of another.
  • Family violence battery may be limited in its scope between persons within a certain degree of relationship. Statutes with respect to this offense have been enacted in response to increasing awareness of the problem of domestic violence.
  • Aggravated battery is generally regarded as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement of the victim. As successor to the common law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault.

In some jurisdictions, battery has recently been constructed to include directing bodily secretions at another person without their permission. In some jurisdictions, this automatically is considered aggravated battery.

As a first approximation to the distinction between battery and assault:

  • the overt behavior of an assault might be A advancing upon B by chasing after him and swinging a fist at his head, while that of an act of battery might be A actually striking B.

Within United States law, in most jurisdictions, the charge of criminal battery requires evidence of a mental state (mens rea).

 
DUI & Driving Under The Influence:
Drunk Driving :
Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Such laws may also apply to boating or piloting aircraft.

Birmingham DUI Laws :
Originally, the law said convictions had to take place within a five-year period. Later, this five-year criteria was amended out in some places but remained in others.

* No representation is made that the quality of legal services to be performed is greater than the quality
of legal services performed by other lawyers. The information presented at this site should
not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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National Association of Consumer Bankruptcy Attorneys

Glossary of Legal Terms :: Alabama Lawyers
DUI Offense :
What we're finding is that most accident are being caused by people who are not just .08 but double that amount, said Donna Hawkins, directors of the West Virginia chapter of Mothers Against Drunk Driving.


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