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DUI LEGAL GLOSSARY |
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Glossary of Driving Under the Influence (DUI) Legal Terms
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D E
F G
H I
J K L
M N
O P Q
R S
T U V
W X Y Z #
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Pathological Disorder:
Disruptions of the normal functions of organs of the body due to disease,
illness, or damage.
Pendular Nystagmus: Nystagmus where the
eye oscillates or swings equally in two directions.
Per Se Laws: Laws that declare it illegal
to drive a vehicle above a certain alcohol level, as measured by a blood or
breathe test. In most states, the per se limit is .08% or greater. Violating the
per se law has nothing to do with one's ability to drive a car safely; it is
based solely on body chemistry. The only question is whether the driver was
above the legal limit at the time of driving. The alcohol level at the time of
testing may be higher, lower, or the same, when compared to the time of driving.
Physiological Nystagmus: A nystagmus that
occurs so that light entering the eye will continually fall on non-fatigued
cells on the retina. Physiological nystagmus is so slight that it cannot be
detected without the aid of instruments and it occurs in everyone.
Positional Alcohol Nystagmus (PAN):
Positional nystagmus when the foreign fluid is alcohol.
PAN I: The alcohol concentration is
higher in the blood than in the vestibular system.
PAN II: The alcohol concentration is
lower in the blood than in the vestibular system.
Positional Nystagmus: Nystagmus that
occurs when a foreign fluid is in unequal concentrations between the blood and
the fluid in the semi-circular canals of the vestibular system.
Post-Rotational Nystagmus: Nystagmus
caused by disturbances in the vestibular system fluid when a person spins
around. Post-rotational nystagmus lasts for only a few seconds after a person
stops spinning.
Pretrial Conference: The
first court appearance after an arraignment. It is a meeting with the DA, where
they usually make a plea offer if you agree to plead guilty, and other
procedural issues are dealt with, such as court date scheduling and discovery
issues. In some courts, there is a separate and distinct date for a
"pre-trial hearing", where these procedural issues are divided up.
Probation: A common
element of a penalty for an OUI conviction or continuation without a finding.
For a first offense, you will be subject to a one-year unsupervised probation,
where you will have to send your probation officer a postcard form once a month.
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Glossary.
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