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WRONGFUL DEATH LEGAL GLOSSARY |
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Glossary of Wrongful
Death Terms
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Under the Influence: The precise
definition used in court will vary from state to state; however, it will relate
to the inability of the driver to operate a motor vehicle with the same caution
characteristic of a sober person of ordinary prudence under the same or similar
circumstances. It is not necessary for someone to have an alcohol level that is
above the legal limit to be under the influence. However, most states do allow a
jury to infer or presume that if someone is above the legal limit at the time
the test was taken, and if the test was given close in time to the time of
driving (within two or three hours), that the driver is under the influence. The
manner in which the vehicle is driven is relevant, but not usually determinative
in and of itself.
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information contained within this personal injury site is of a general nature
and is not meant to be a restatement of any rules of law. Your
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relationship. You should hire an attorney to obtain legal
advice for your specific case.
© Copyright 2004,
Consultwebs.com, Inc., All rights reserved. Personal
Injury Law
Glossary.
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