John McCurley

Attorney · University of San Francisco School of Law
What Does the Prosecution Have to Prove in a DUI Case?
Learn about the elements that the prosecution must prove beyond a reasonable doubt to get a conviction in a DUI case. ... READ MORE

When Can Police Use a Drug-Sniffing Dog at a Traffic Stop?
The sensitive noses of drug dogs give law enforcement an effective tool for detecting illegal drugs. For this reason, narcotics-sniffing dogs are a common sight in airports and border crossings. But what about when police employ the services of a drug-sniffing canine during a routine traffic stop? ... READ MORE

Skipping Bail? A Bounty Hunter Might Follow
Most states still allow bounty hunting—the tracking down and arresting of fugitives who jump or skip bail. Regulation of bounty hunters varies widely among states. Are bounty hunters required to be licensed? Are they regulated? Learn more. ... READ MORE

Pretrial Motion to Dismiss: Ending a Criminal Case
Some criminal cases end before they really get going. A successful pretrial motion to dismiss spares a defendant from the embarrassment expense and possible punishment of a criminal trial. ... READ MORE

Defendant's Release on Bail With Conditions
Bailing out of jail comes with a set of rules that defendants must abide by or risk returning to a jail cell. Learn about the most common conditions imposed by judges for pretrial release. ... READ MORE

Unlawful Vehicle Searches & Seizures
The Fourth Amendment to the U.S. Constitution prohibits police from conducting “unreasonable searches and seizures.” And these constitutional protections apply to search and seizures of a vehicle. Here are the basics of how courts determine whether a vehicle search was lawful. ... READ MORE

The Consequences of Causing a Car Crash Involving Injuries or Property Damage
Most drivers will at some point be involved in a collision. Car accidents can involve all sorts of consequences: The at-fault motorist may face an insurance rate spike, lawsuits, and even criminal charges. ... READ MORE

What Is the Move Over Law? Which States Have a Law on Yielding to Emergency Vehicles?
All states have “move-over” laws that require drivers to yield to law enforcement vehicles, firetrucks, ambulances, and other emergency vehicles that are responding to emergencies. Generally, these laws also require drivers to vacate the lane nearest to emergency vehicles that are parked at the roadside. ... READ MORE

Traffic Stops, Roadblocks, and Checkpoints: What’s the Law?
And when police stop a motorist—whether during a routine traffic stop or at a checkpoint—it’s generally considered a seizure for Fourth Amendment purposes. But the rules that apply to vehicle stops are different than those for other types of searches and seizures. Here are the basics. ... READ MORE

Traffic Offense Classifications: Infractions, Misdemeanors, and Felonies
Traffic violations range in seriousness, and the legal processes for dealing with traffic-related offenses vary by state. However, in most states, traffic violations fall into one of three general categories: infractions, misdemeanors, and felonies. ... READ MORE