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Patrick Mahaney
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Patrick Mahaney’s Legal Guides

22 total

  • Alabama's "Arrest at the Scene" Requirement for Alcohol Involved Accidents

    One of the primary duties for uniformed state troopers and local police officers is the investigation and reporting of traffic accidents occurring on public highways. When a trooper arrives on the scene of a traffic accident, and the driver or one of the drivers is apparently int...

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  • Alabama's Guest Suit Statute

    Probably no single statute contained in the Alabama traffic code, other than the DUI statute, has generated more litigation and reported cases than the Guest Statute. This section of the Code was enacted during the 1935 legislative session and signed into law on September 13, 193...

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  • The Right to Counsel in DUI Cases - Alabama Law and Procedure

    The Sixth Amendment right to counsel in misdemeanor criminal offenses has been greatly expanded by a number of Supreme Court decisions issued over the past three decades. In Argersinger v. Hamlin, 407 U.S. 25 (1972), the Court held that defense counsel must be appointed in any cr...

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  • A Simplified Theory of the Blood to Breath Ratio

    The underlying theory behind all breath test devices is that there is a uniform and standard ratio of breath alcohol to blood alcohol in the ratio of 2100 to 1. In theory, 2100 cubic centimeters of exhaled breath will contain the same per cent by weight of alcohol as one cubic ce...

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  • Roadside "Preliminary Breath Test" Devices - Fuel Cell Technology

    Many police agencies utilize a hand-held device to screen potential or probable DUI offenders for estimated alcohol concentration prior to making a formal arrest for DUI. These devices are often used in conjunction with the psycho-physical tests (referred to a Field Sobriety Test...

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  • Alabama's "Attempt to Elude" Statute

    Effective August 1, 2009, section 32-5A-193, the traffic code "attempting to elude" statute, was repealed and replaced by a more comprehensive statute, now located in the Alabama Criminal Code at 13A-10-50 et seq. This new section of law is a comprehensive revision of the law sur...

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  • Felony Level Traffic Offenses Under the Alabama Motor Vehicle Code

    Although nearly the entire Alabama traffic code imposes only misdemeanor punishments for violations of the traffic laws, there are a few traffic and automobile offenses that are specifically defined as felony offenses. These include: o Section 32-5-11: "Throwing or Shooting into ...

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  • Blood Sample Analysis - Is the Result Based on Whole Blood or Serum?

    Statutory limits in Alabama for ethanol in the blood are set at 0.02 g %, 0.04 g %, 0.05 g % and 0.08 g % in whole blood, depending on whether the state's "zero tolerance" law for under 21 years of age, the .04% limit set for commercial vehicle operators, the threshold level of ....

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  • "Welch Hearings" - Obtaining an Alabama Driver License/ Out of State Revocation Order

    The Code of Alabama provides certain legislatively enacted requirements the Department of Public Safety must follow in the administration of the driver license system. For example, under the Code of Alabama, section 32-6-7 (3), the Director of Public Safety is not authorized to i...

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  • Alabama's Administrative License Suspension Act - Ten Key Points of Law

    Point # 1 - The Administrative License Suspension tracks the language of the Implied Consent law located in 32-5-192 in that only a lawful arrest for DUI will support a license suspension. Due to the exact wording of the Implied Consent Law, the Administrative License Suspension ...

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