News & Analysis as of

DUI

Warrant Needed for “Black Box” Data in Florida

by Wilson Elser on

In a case of first impression in Florida, a split appellate court in State of Florida v. Charles Wiley Worsham Jr., No. 4D15-2733 (Fla. Dist. Ct. App. Mar. 29, 2017), held that a warrant was necessary before law enforcement...more

Florida Court Extends Privacy Rights to Vehicle Black Box

In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

Third Circuit Upholds Termination of Employee Based on DUI During FMLA Leave

Employers sometimes receive information about employees on medical leave that makes them question the legitimacy of the leave request. For example, an employee who is approved for Family and Medical Leave to care for a sick...more

Recent Arizona appellate decisions of note to providers

by Snell & Wilmer on

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

US Supreme Court Holds That Qualified Immunity Bars 4th Amendment Claim in Deadly Police Force Case

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently held that an officer’s use of deadly force by shooting an armed individual before issuing a verbal warning did not violate a clearly established Fourth Amendment right, and therefore,...more

Drinking + Driving = Losing Your Visa?

by Fisher Phillips on

With Thanksgiving and the holidays right around the corner, Fisher Phillips would like to remind our clients to be extra careful when driving home after a night out. In addition to the criminal and financial ramifications of...more

Immigration Consequences of DUI Offenses

One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven guilty. This principle is not necessarily true under U.S. immigration law. A non-citizen who is...more

2016 California Labor and Employment Legislation Update: It’s Final!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

DUI Arrests May Result in the Prudential Revocation of a Validly Issued Nonimmigrant Visa

Contrary to popular opinion, there are serious immigration consequences for nonimmigrants who are arrested for Driving Under the Influence (DUI) or a related offense. According to recently released guidance found in the...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

The Most Dangerous Days for DUI Crashes

by Howard Ankin on

Although a DUI crash can occur at anytime, some days of the year are riskier than others. Major spikes in the number of DUI crashes are seen during times of celebration; mainly surrounding holidays and during the summer...more

The Supreme Court - June 2016 #6

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

You Should Know - June 2016

Has Legalizing Pot Caused More Road Accidents, Injuries or Deaths? Elizabeth Kemble, a widely admired advocate for kidney health in Oregon, was out for a walk following her third kidney transplant when she was killed by...more

Prom, Graduation and the Dangers of Under-Aged Drinking. Who is Liable?

by Howard Ankin on

It’s the season for proms and graduation parties, which means increased underage drinking and serious safety concerns. What many adults do not know, is that they can be found liable when a teen consumes alcohol on their...more

Car Accidents Caused by Marijuana

Driving while under the influence of drugs (illegal, prescription, or otherwise) can make driving a car unsafe—just like driving after drinking alcohol. Drugged driving puts not only the driver but also passengers and others...more

Drugged Driving a Growing Problem

by Howard Ankin on

Driving under the influence of drugs is a growing problem across the country. The laws in each state vary substantially, with Illinois known for its no-tolerance stance. In fact, Illinois is one of just 16 states to have zero...more

New Legal Protections for Illinois Residents in 2016

by Howard Ankin on

Each New Year brings a slew of changes to laws and regulations at the state and local level. For Illinois residents, 2016 is no exception. With 230+ new laws on the books as of January 1st, knowing where you stand isn’t...more

Limiting tort liability for cannabis: Dram shop-type laws

by Thompson Coburn LLP on

As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their...more

Bad Faith Sentinel - July 2015

by Saul Ewing LLP on

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

by Saul Ewing LLP on

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting The Workplace

The 2015 session of the Connecticut General Assembly has just concluded. The following is a concise description of employment-related bills that were passed by the General Assembly that may be of interest. A more...more

Don’t Bogart That Medical Marijuana, My Caregiver.

by Jaburg Wilk on

On October 21, 2014, the Court of Appeals concluded that Arizona’s Medical Marijuana Act (AMMA) does not give an authorized medical marijuana user immunity from prosecution when he drives under the influence. A.R.S. §...more

South Carolina Legislative Update - March 24, 2014

by Moore & Van Allen PLLC on

A House panel advanced a bill that would require some DUI offenders to drive with an interlock device that will not allow the engine to start if they have been drinking....more

Alabama Legislative Update - Week 3: Mother Nature and Old Man Winter Disrupt Legislative Schedule

by Baker Donelson on

Alabama was taken by storm last week. Among the thousands stranded on highways or the fortunate ones at home or at work were scores of State Legislators who could not get to Montgomery or who could not leave Montgomery. The...more

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