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11/11/2004 Entry: "U.S. Supreme Court Rules Driving Under the Influence (DUI) Is Not a "Crime of Violence""

In a November 9, 2004 decision, the Supreme Court ruled unanimously that state DUI statutes that either do not have a mens rea component or require only a showing of negligence in the operation of a vehicle are not "crimes of violence" under 18 USC section16. As a result, DUIs do not constitute an aggravated felony offense. (Leocal v. Ashcroft, 11/9/04).

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