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Dictionary of Law |
roadside test :: legal definitionRoadside test - n. a preliminary test law enforcement officers use on a suspected drunk driver at the spot the driver has been pulled over. Essentially it is a test of equilibrium (balance), reflexes and mental acuity, consisting of standing on one foot and then the other, walking a straight line, touching one's nose with the forefinger of each hand, saying the alphabet backwards or counting by twos. Some tests include writing. Although sometimes a judgment call by the officers, a suspect's failure of the test is often obvious and may be supplemented by reports of slurred speech, bloodshot eyes, the smell of alcohol and answers to simple questions such as "How much did you have to drink?" or "Do you know where you are?" If the officer decides the driver is drunk, he/she will inform the driver he/she is being arrested for driving under the influence of alcohol, read the Miranda rights, arrest the driver and transport him/her to a nearby police facility, where the suspect is asked to submit to an alcohol blood test (breathalizer, blood or urine) which is more definitive than the subjective roadside test. If the driver refuses the blood alcohol test, the officer may testify in court on the roadside test results as proof of drunkenness if there is a trial of the accused. In cases in which the inability to drive effectively is due to use of narcotics or a combination of drugs and alcohol, the roadside test may provide crucial evidence of physical symptoms and mental confusion indicating inability to drive safely even though the alcohol level is below the legally drunk level. See also: driving while intoxicated Miranda warning and Related Law Terms ↓ Related Law Termsarrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrantarrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting." rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Rrace to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgageRacketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract. real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence |