…her consent or a search warrant violated the Fourth Amendment. The city moved to dismiss, arguing that chalking was not a Fourth Amendment search and that even if it was,…
…license points or for excessive speeding. They evaluate and weigh evidence to determine whether a person charged with an implied consent offense did, in fact, willfully refuse chemical testing. They…
…into former and current G.S. 20-139.1, the chemical analyst read Shockley his implied consent rights, observed him for fifteen minutes, verified the accuracy of the instrument, and then asked Shockley…
…was performed at the hospital, although the officer ordering the draw did not read defendant his Chapter 20 implied consent rights or obtain a search warrant before the draw. The…
…estoppel bar. When a trial court determines in a criminal proceeding that the defendant’s statutory implied consent rights were violated, DMV may nevertheless consider in an administrative revocation hearing whether…
…appear for two years from the date he or she was charged with an implied consent offense. With that background, let’s return to Diaz-Tomas. Procedural History. Diaz-Tomas requested that the…
…Carolina has a variety of notice and demand rules for forensic reports and chain of custody. See, e.g., G.S. 20-139.1 (c1) (analysis of blood or urine in an implied consent…
…refusal to provide a roadside breath test. After he was arrested and advised of his implied consent rights, he refused to sign the rights form. He then refused to blow…
…Yes. G.S. 20-139.1(e2) (discussed here) requires that an implied consent case in district court “be continued until the analyst can be present.” For this requirement to apply, however, the State…
…in” the I-9 forms. The Court held that the Kansas identity theft laws were neither expressly nor impliedly preempted by federal law. With respect to express preemption, the court explained…
