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alelliot

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  1. Hi, I was looking at the DUI statute for Massachussetts and am confused about the wording for an offender's third DUI. I've been reviewing the DUI laws for each of the fifty states and I haven't seen one worded like this before. It seems like there are two different ranges of sentences that can be assigned to an offender, but I haven't found any statutes or subsections that would trigger either of those sentences. Does the judge just arbitrarily decide? Or maybe one of these sentences refers to a felony charge? I know some states will consider a third or fourth DUI as a felony if it happens within a specific timeframe, but I didn't see anything in the statutes that indicated that a third DUI in Mass. would be a felony. (I don't have a DUI, this is for research purposes, but I have no legal training so I would appreciate anyone who could weigh in on this topic.)
  2. I read the whole statute. Both statutes. I posted them in my previous post. They're directly contradictory. 6-208 says that if you fail the DUI test, it's a year's suspension. 6-208.1 says that if you fail the DUI test, it's a six-month suspension. Does 6-208.1 refers to a DUI per se, maybe?
  3. Hi, I'm trying to find the exact statute that states the lengths of suspensions for DUIs in Illinois for a research project (coding the strength of the DUI laws in each state based on different aspects of the laws, and then seeing if they can be used to predict the exact rate of DUIs in each state). So far, I have found two statutes: This seems to indicate the 1st offense results in a maximum 1 year suspension (I think? I can't find the statute that says exactly how long the first offense is for), and the 2nd offense results in a maximum 5 year suspension. The other statute is the law for statutory summary suspensions. As I understand it, this statute activates if a person 1. refuses to submit to a test or 2. fails the test. This is where I'm confused. The two statutes seem to be contradictory. 6-209 says if you fail the test for the 1st time, your license is suspended for up to 1 year, but 6-208.1 says it's only suspended for 6 months. And if you fail the test for the second time in 5 years, 6-208 says it's suspended for 5 years, but 6-208.1 says it's suspended for only one year. I think I'm fundamentally misunderstanding something about statutory summary suspensions, but I've been reading tons of law blogs and FAQs and nobody has discussed what the difference is between an ordinary DUI and a summary suspension. (Maybe there isn't one?) If anyone could clear this up for me, I'd definitely appreciate it. I just need to know which statutes to look at to determine the lengths of suspension for DUIs in Illinois. Thanks!
  4. Thanks for your help, folks. My university has some resources so I'll probably talk to them about it, but otherwise it seems like I should just keep doing what I'm doing. Thanks for your responses!
  5. Apologies for being unclear. I assumed that states, at the end of each year, would publish their statutes, complete with any changes/amendments that were made as a result of bills passed each year. E.g. over the course of the year 2010, California enacted four different amendments that changed various statutes within their Vehicle codes; therefore in December 2010 they would publish a complete copy of the Vehicle code, along with any others, in an archive that included the changes wrought by the amendments passed that year. Is that not the case? I guess I was thinking something like the state codes I see here on archive.org. Yes, it is quite a large project, we've been working on it for several months. However, we're not focusing on ALL aspects of seat belt laws-- mainly we are focusing on fine amounts, primary enforcement status, and front/rear seat requirements (i.e. whether all occupants are required to wear belts, or just front seat occupants). And that is generally all contained in one or two individual statutes (usually called "<State> Mandatory Seat Belt Act" or something similar (e.g. section 27315 of the California Vehicle Code). My approach so far has been pretty much exactly what you described: to examine each code section and try to determine what has changed year-by-year with the help of LexisNexis. If you think that's the best option, then I'll just keep plugging through it, and maybe talk to my supervisor about possible adjustments. Well...why not? I understand that laws and statutes frequently get amended, but surely I'm not the first person to think "hm, I wonder when segregation became illegal in Georgia", or "I wonder when it stopped being a legal requirement to wear a motorcycle helmet in Michigan." It seems like an archive of laws would be very useful for law students, to be able to look up historical laws. But I am definitely not a law student so maybe I'm totally wrong! Thank you guys for all your help!
  6. Yes, sorry-- this is actually for a research project. We are looking at modeling seat belt use per state, per year, versus the strength of each state's laws, per year. This entails documenting several aspects of each state's laws. Hope that makes sense. States that have primary enforcement for seat belts tend to have much higher rates of seat belt use-- hence the question that you linked. If this is not the place I should be asking, let me know! Lexis is what I'm using currently through my university, but their annotations mostly contain spotty and often broken links to previous bills/legislation, which doesn't usually tell me what the previous law actually said (e.g. it will say "2003 amendment increased seat belt fine to $50", but that doesn't tell me what the fine was before it became $50.) While it's good to have the legislative history, what I'm really looking for is a way to compare statutes by year. That would make it much easier to actually comb through the law and pinpoint exactly what changed. Re: your first paragraph-- I was afraid of that. I live in Michigan so I'm sure I could find several sets of Michigan's laws for 1986-2015, but it's going to be a lot harder to find, say, Hawaii... Ah, well. Thank you for your help. I'll take a look at the Cornell link and see if that proves useful.
  7. Do states publish archived/historical versions of their statutes by year? I am compiling a list of changes in state laws regarding seat belts, and it would help to access previous versions of specific statutes by state. I'd just like to know if they exist, even if they charge me a fee. If I could find a copy of, for example, the 1999 Alabama Statutes, or the 2006 California Vehicle Code, that would be super helpful, but my Google-fu isn't turning up anything, aside from Justia-- and they only have the statutes for certain years and certain states, not all of them. Thanks in advance for any help!
  8. Thank you! I'll include that in my documentation. That would make sense. Since I posted this, I found another state (Florida, I think) where the legislation had been specifically amended to remove the part about secondary enforcement, but nothing was added that specifically stated that officers could now stop cars based solely on their lack of safety belts. That suggests that primary enforcement is the default, unless otherwise stated. Thank you both for your help!
  9. I’m compiling a list of all states’ seat belt laws. I know that D.C. has primary enforcement seat belt laws, meaning that the police can pull you over and issue a citation if they see or suspect that you’re not wearing a seat belt. However, I can’t find the specific section that refers to primary enforcement in any of the seat belt statutes [title 50, chapter 18 for regular seat belts, and title 50, chapter 17 for child restraints]. Most states specifically document primary enforcement in their seat belt laws—does D.C. state it somewhere else? E.g. is it a granted power from another traffic law or something? If so, where should I look? I've combed through almost all DC motor-vehicle-related statutes and I can't find it. I hope my question is clear—I’m not familiar with law at all so I don’t know what legal phrases to use. Thanks in advance!
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