Legal Loopholes Examples – Part 2

One of the questions I am often asked by students when preparing for their driving or legal license exam is “What can you do if you find a legal loopholes example in your book?” The answer to that question is not as simple as one might think. There are so many possible examples of legal loopholes that it can be overwhelming to the unprepared student. I will try to make the explanation a little more simple.

There are many books on legal matters and the law that have legal loopholes examples in them. This makes it easy to look at some of the examples and make sure you understand them before taking the bar. It is always a good idea to bring a legal loopholes example with you to study. Otherwise, you may have to spend a long time looking over several books just to find the one example that pertains to your case.

When I use examples in my teaching, I do so because it makes it easier for the student to see how they should actually analyze a legal issue based on the example. For example, if I am discussing the effect of a traffic light setting on a vehicle traveling down a public sidewalk, I will point out how the example of an adult breaking a traffic law by running red lights has been incorporated into the example I give. In this way, I am trying to help the student see the difference between what is right or wrong and how an example can be used to help clarify that right or wrongness. The examples also help me explain why the examples I give are important to the point that they will be taken out of context by someone who does not have that specific knowledge.

If the case is a DUI (driving under the influence) citation, then it is not the lawyer’s job to let the court know that the defendant violated a legal minimum. My focus is on helping the attorney to show that the facts support the charge, rather than trying to convince the court that the traffic light was red when the citation was handed. That may seem contrary to what we are trying to do, but the truth is that many legal cases end in plea bargains that involve some type of gray area; this is particularly true in cases involving a minor traffic violation.

Let’s take a look at an example of a legal loophole that many people may be aware of, but which is quite common. Suppose you were pulled over for suspicion of DUI and then given a mandatory ignition lock-out device. What would happen in this case? While you were placed under arrest for this illegal act, you could argue that the officer violated the Due Process Clause of the Miranda Law by illegally handcuffing you without having first established any probable cause to do so. You might also argue that, since the device was required by law to prevent you from starting your vehicle, the officer violated the Fourth Amendment by making you comply with this device without proper cause.

There are a few points to note about these three legal loopholes. First of all, these examples aren’t just technical legal terms used to explain complicated legal processes; they are also examples of legal loopholes. The second point is that the majority of these situations that we face in our everyday lives are not likely to occur in our driving or transportation actions. In other words, it is unlikely that you will find a traffic ticket that is from an illegal activity such as drunk driving, or from a vehicle accident. However, you might find a traffic ticket from something like the ignition lock, where even if it is technically illegal, it could still happen. These legal loopholes are very real and need to be recognized as such.

One more example of a legal loophole would be the “bump-and-grind” rule. This refers to a situation where an officer comes to a complete stop at a traffic light and waits for you to put your car in gear before making a move. Then, he grinds down slowly and moves on after you have done so. While this is legal in most states, it is certainly an example of one of the legal loopholes described above.

Another important area to watch out for in legal loopholes examples is what some officers will refer to as “the pull law.” In legal terms, this refers to an officer making an illegal Pulling Sign, when they should be releasing their car by turning on their signal or making a sudden movement similar to pulling a weapon. Again, while this may seem relatively harmless to the officer in question, it can certainly create a huge amount of legal trouble for you in the future. If you have been arrested for a DUI, or any other criminal offense, it is absolutely critical that you speak with a DUI defense attorney immediately so you have the best chances of winning your case.