Re-examining Implied Consent after McNeely, Part III
The first two posts in this series (here and here) discussed opinions from state supreme courts in Arizona and Minnesota considering, post-McNeely v. Missouri, 133 S.Ct. 1552 (2013), whether a […]
Re-examining Implied Consent After McNeely, Part II
Yesterday’s post discussed challenges to implied consent laws raised by defendants following the Supreme Court’s decision last spring in Missouri v. McNeely, 133 S.Ct. 1552 (2013). The post summarized the […]
Re-examining Implied Consent After McNeely, Part I
The United States Supreme Court held last term in Missouri v. McNeeIy, 133 S. Ct. 1552 (2013), that the natural dissipation of alcohol in a person’s bloodstream does not constitute […]
No, Virginia, there is no implied consent
I’m eagerly awaiting the Supreme Court’s ruling in Missouri v. McNeely. I want to know whether the exigency created by the dissipation of alcohol in the body, without more, permits […]
The Requirement that Medical Providers Withdraw Blood in Implied Consent Cases
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from […]
State v. Osterhoudt and motions procedures in implied consent cases
Jeff wrote earlier this week about the court of appeals’ opinion in State v. Osterhoudt (August 21, 2012). Jeff’s post dealt with the court’s substantive analysis of whether the police […]
Notice of Implied Consent Rights: West Coast Edition
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a […]
Providing Notice of Implied Consent Rights to a Deaf Defendant
Several earlier posts address the requirement that a defendant be notified of statutory rights related to implied consent testing before being requested to submit to a test of his breath, […]
Reduction or Dismissal of Charges in Implied Consent Cases
A wise man once said that “[e]xcept for death penalty cases, no sentence requires more documentation” than a sentence imposed for the misdemeanor offense of driving while impaired. Ben F. […]
Providing Notice of Implied Consent Rights to Persons Who Do Not Speak English (Part II)
Part I of this post left for another day consideration of whether a defendant who does not speak English may be deemed to have willfully refused a chemical analysis when […]