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LEGAL TIPS

Alabama DUI Law :
Unfortunately, a quirk in Alabama law - apparently unintended - now means that some drunk drivers serving time in prison on felony convictions could have those convictions reduced to misdemeanors and be released on time served.


Legal Term "WARRANT" Print E-mail

In law, a warrant can mean any form of authorization. Often in statute, the warrant of a particular person is required before certain administrative actions can take place. For example, before the United States Secretary of State may affix the Great Seal of the United States to letters patent, the president must give authorization. Warrant officers derive their authority from an authorization given by a defense minister as opposed to actually being an officer of the state.

Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which commands an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed. The Fourth Amendment to the United States Constitution prohibits search or arrest without a warrant, unless there is a reasonable doubt to privacy.

Warrants are typically issued by courts and are directed to the sheriff or a police officer. The warrants issued by a court normally are search warrants, arrest warrants, and execution warrants. A typical arrest warrant in the United States will take the approximate form of:

"This Court orders the Sheriff to find the named person, wherever he may be found, and deliver said person to the custody of the Court."

Warrants are also issued by other government entities, particularly legislatures, since most have the power to compel the attendance of their members. This is called a call of the house.

 
DUI & Driving Under The Influence:
Field Sobriety Test :
An increasingly used field sobriety test involves having the suspect breathe into a small, handheld breath testing device. Called variously a PAS (preliminary alcohol screening) or PBT (preliminary breath test), the units are small, inexpensive versions of their larger, more sophisticated instruments at the police stations, the EBTs (evidentiary breath test). Whereas the EBTs usually employ infrared spectroscopy, the PAS units use a relatively simple electrochemical (fuel cell) technology. Their purpose, along with other FSTs, is to assist the officer in determining probable cause for arrest. Although because of their relative inaccuracy they were never intended to be used in court for proving actual blood-alcohol concentration, some courts have begun to admit them as evidence of BAC.

US DUI Match? :
The USA has one of the worst DUI driving accident rates in the developed world while having lower to mid-range rates of alcohol consumption.

* 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 Conviction Example :
Joseph, 21, of Montgomery, Alabama: First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.


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