Warrantless Searches of Motor Vehicle Occupants

In the ordinary case, a search of private property must be both reasonable and conducted pursuant to a properly issued search warrant. However, law enforcement officers are empowered to search an automobile without a warrant, so long as it can be demonstrated that exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative and that probable cause existed for the search. The doctrine was initially premised on the notion that there was a constitutional difference between houses and cars, which are inherently mobile. However, mobility is no longer the prime justification for the automobile exception; rather, it is the diminished expectation of privacy which surrounds the automobile.

Criminal Offense of Driving without a Valid Driver's License

It is illegal to drive a vehicle on a street or highway without a valid driver's license. The right to drive an automobile on public roads is a privilege and not a right. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license.

Displaying a Fictitious or Fraudulent Inspection Certificate

The 1990 Clean Air Act required the implementation of vehicle inspection and maintenance programs in areas that were moderate or worse nonattainment for ozone or carbon monoxide. Over half of the states have such programs in operation. The vehicle inspection programs vary by state. Some of the programs test only emissions, while other programs include inspections for safety features along with the emissions tests.

Chemical Test Presumptions in Drunk Driving Cases

If you have ever been arrested for drunk driving you were probably given some sort of chemical test to determine your blood alcohol content. The most common chemical tests include a breath test or blood test. Many jurisdictions have statutes that allow prosecutors to give presumptive effect to chemical test readings of blood-alcohol content. In other words, if a person's blood alcohol content is at a certain level, the court will presume automatically that the person was driving under the influence of alcohol. Depending on the jurisdiction, some statutes will use the word "presumption," while others use the term "prima facie evidence."

Penalties for Driving at an Excessive Rate of Speed

While a speeding conviction is generally not considered a serious offense, it may have serious implications. If the speed is considered "excessive," (e.g. 30 to 60 miles over the posted speed limit), the conviction will include a fine, imprisonment, and possible suspension of a driver's license. Other criminal actions related to speeding may include "reckless driving" and "racing." Moving violations are either traffic infractions or criminal misdemeanors, and they may necessitate a court appearance.