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Patrick Mahaney
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Patrick Mahaney’s Legal Guides

22 total

  • Understanding Alcohol and Blood: The Basics

    Alcohol is one of the oldest substances known to mankind, but it effects are continually being studied, re-studied, and analyzed. Beverage alcohol is commonly referred to as "ethanol" or "ethyl alcohol" as well as "alcohol." Ethanol is one of a family of alcohols which includes...

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  • Alabama's DUI Statute - Over 90 Years in Development

    Alabama's first traffic laws originated in 1911, shortly after the automobile was placed into mass production and began appearing on Alabama's limited number of roads and highways. Act 535 of the 1911 Legislature was titled "The Motor Vehicle Law" and became effective October 1, ...

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  • Alabama's DUI Statute - Development and Statutory Interpretation

    In contrast to the one paragraph 1927 "Driving While Intoxicated" statute, the current DUI statute now exceeds four single spaced pages. The current Alabama DUI statute was originally enacted in 1980 as part of Act 434 of the 1980 Legislature, the "Alabama Rules of the Road Act,"...

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  • Reckless Driving: Validity and proof of reckless driving under Alabama’s traffic code

    One of the most perplexing situations involving state troopers and other law enforcement officers who enforce the state traffic code is determining when, and under what circumstances, to charge a motorist with reckless driving. Some officers seldom make a reckless driving charge,...

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  • Alabama’s DUI Offense: What exactly is “Actual Physical Control”?

    Probably no single traffic code statute has been tried in court more often, and litigated on appeal, than Alabamas driving under the influence (DUI) statute. The present statute, found in Code of Alabama, 1975, section 32-5A-191, was enacted during the 1980 legislative session an...

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  • Alabama Driver License Law - Basic Terms and Definitions

    Driver License: Any license to operate a motor vehicle issued under the laws of this state. By statute and decisional law, the Department of Public Safety holds the sole and exclusive authority to issue, suspend, cancel, or revoke an Alabama driver license or driving privilege . ...

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  • Alabama's "Minor in Possesion" statutes

    Minor in Possession Statutes - Interestingly, there are two different "under 21" in possession of alcohol statutes contained in the Code of Alabama. The first statute, codified at 28-1-5, prohibits any person under the age of 21 "to purchase, consume, possess, or to transport" a...

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  • The Law of Traffic Stops (Keyed to Alabama Law)

    The starting point for any discussion of the applicable law for an Alabama law enforcement officer to stop and detain and subsequently arrest an individual pursuant to a traffic stop is the U.S. Supreme Court's leading decision of Terry v. Ohio, 392 U.S. 1 (1968). Terry establish...

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  • Alabama's Implied Consent Law

    The Implied Consent Law found at Code of Alabama, 1975, section 32-5-192, was enacted in 1971 as mechanism to require compliance with the state's Chemical Test for Intoxication Act. Much of the Implied Consent law has been superseded in application by the Administrative License S...

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  • Alabama Law on the Collection of Blood Samples - Part I "Authorized Personnel"

    The first question is who can draw blood for legal purposes? Under the Code of Alabama, 1975, section 32-5A-194 (a)(2), "only a physician or a registered nurse (or other qualified person)" is authorized to take a blood sample for use as evidence in civil and criminal cases. See,...

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