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Allaye Chan Law
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Author Archives: admin
Manslaughter & Voluntary Manslaughter
Manslaughter is unlawful killing of a human being by another human being, but without malice aforethought. There are two types of manslaughter: voluntary and involuntary. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer. Voluntary … Continue reading
Rape
Rape – “unlawful carnal knowledge” – is sexual intercourse with a woman without her consent. As far as the law in most states is concerned, a man cannot be “raped,” although he can be sodomized. The rapist does not have … Continue reading
Involuntary Manslaughter
Unlike murder and voluntary manslaughter, involuntary manslaughter ordinarily is an unintentional killing. The death results from the person’s criminal negligence, rather than from any intent to kill the victim. For example, if a driver speeding down a residential street loses … Continue reading
Suppressing Field Sobriety Tests
Field sobriety tests should be attacked through a motion to be suppress. Defendants are advised to discuss these issues with a DUI defense attorney. According to prosecutors, standardized field sobriety tests are based upon recognized scientific principles, i.e., if properly … Continue reading
Factors Influencing Test Results
Since field sobriety tests are highly subjective, it is important for motorists to realize that many factors can affect an individual’s performance, such as emotional or physical conditions, rigorous testing conditions, officer bias, or the inherit difficulty to the average … Continue reading
Murder
Murder is the unlawful killing of one human being by another human being with malice aforethought. “Malice aforethought” means in a particularly evil or heinous state of mind. Malice aforethought does not mean that the murder though about killing the … Continue reading
Refusing Field Sobriety Tests
Few motorists realize that they have the right to refuse an officer’s request for field sobriety tests (FSTs). There is no legal requirement that a driver must perform FSTs before or after an arrest. An officer can only request, not … Continue reading
DUI – Hand Writing
One type of non-standardized physical field sobriety test is writing the alphabet. In theory, intoxication will cause careless penmanship. Of course, this is also the result of speed, nervousness or the type of writing utensil. An effective trial technique is … Continue reading
Non-standardized Field Sobriety Tests
Besides the NHTSA sponsored tests, other physical and verbal field sobriety tests are used to measure intoxication. Physical performance tests measure balance, while verbal tests measure mental acuity. Although officers typically administer the NHTSA field sobriety tests, sometimes nontraditional tests … Continue reading
DUI – Passenger Rights
The passenger is afforded the greatest constitutional protection and police deference. Since the passenger is often a captive occupant of the vehicle and unable to control their destination, police are less likely to press criminal charges. The lack of control … Continue reading