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Glossary of Wrongful
Death Terms
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U -
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. |