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Traffic & Juvenile Legal Guides

Breath Test Results Can Be Manipulated
Written by attorney Michael Cohen

The use of breath testing machines in OWI/DUI cases is quite common. Yet, these machines are far from the reliable devices. One of many examples of that unreliability is the fact that the results will vary depending upon the breathing pattern of the person being tested ... Read More 

Horizontal Gaze Nystagmus (Brief Overview)
Written by attorney Michael Cohen

In a series of blogs, a number of years ago, renowned DUI attorney Lawrence Taylor discussed the general basics of the HGN or the "eye test" in DUI investigations. This is the nystagmus field sobriety tester, more accurately (there are 47 different kinds of nystagmus), the horizontal ... Read More

Commonly Administered OWI Field Sobriety Tests
Written by attorney Michael Cohen

Counting- The suspect is asked to count forwards or backwards, usually by ones or threes. Signs of impairment include (1) skipping letters, (2) loss of concentration, and (3) slurred speech. This is not a particularly accurate or reliable sobriety test ... Read More

What Makes The Police Think A Driver May Be Drunk?
Written by attorney Michael Cohen

There are many factors which the police look at. Lack of Driving Skill Making wide turns, Almost striking another vehicle, particularly if it is parked or stopped, Almost striking an object, Braking erratically, or making sudden stops in the traffic lane, Sudden acceleration ... Read More 

Minor Crime Is A Major Ordeal
Written by attorney Michael Cohen

What happens when a minor is accused of a crime Criminal defendants who haven't quite reached the age of majority (18 in most states) go through a different criminal justice system than the one most people are familiar with. Here is an introduction to what goes on in the ... Read More 

Police Misconduct And Civil Rights
Written by attorney Michael Cohen

Police officers generally have broad powers to carry out their duties. The Constitution and other laws, however, place limits on how far police can go in trying to enforce the law. As the videotaped beating of motorist Rodney King, in Los Angeles and several recent cases in New ... Read More 

Legal Challenges To Juvenile Curfew Laws
Written by attorney Michael Cohen

In recent years, a number of local juvenile curfew laws have been challenged on the grounds that the laws violate the First Amendment and other guarantees provided under U.S. and state constitutions. The American Civil Liberties Union (ACLU) and other civil rights groups have ... Read More

Juvenile Curfew Laws - The Basics
Written by attorney Michael Cohen

Juvenile curfew laws are local ordinances that prohibit people of a certain age (usually under 18) from being in public or in a business establishment during certain hours (such as between 11 p.m. and 6 a.m.). Juvenile curfew laws are almost always enacted at the local ... Read More 

Juvenile "Waiver" (Transfer To Adult Court)
Written by attorney Michael Cohen

One of the more hotly debated subjects with regard to juveniles has to do with the option to waiver to adult court. Currently, there are three mechanisms by which a juvenile's case may be waived to an adult court. Judicial Waiver Offenses A judicial waiver occurs when a juvenile ... Read More

Police Questioning Of Minors
Written by attorney Michael Cohen

Everyone knows the iconic phrase "you have the right to remain silent." It is usually the first thing that police tell someone when taking them into custody, and it makes up one of the several rights - commonly known as "Miranda rights" - that people have when in police custody ... Read More 

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