…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…
…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…
…which allows officers to do consent searches — and that municipal regulation of consent searches is preempted by state law. Second, several “current and former” Fayetteville officers, together with the…
…suspicion of criminal activity (or consent). The Court rejected the government’s argument that an officer may incrementally prolong a traffic stop, which some lower courts, including North Carolina’s, had justified…
…Harris County, Texas was unconstitutional. Similar litigation is now underway in our state, and appears to be headed towards a consent preliminary injunction. On November 12, 2019, a class action…
…of such searches in connection with traffic stops. The police are set to resume consent searches on Monday, apparently using a new written consent form. In other news: The repercussions…
…the requested evidence. G.S. 15A-1233(a). Unlike a review in the jury room, the judge may allow a review in open court regardless of whether the parties consent. State v. Lee,…
…card theft when the person takes, obtains or withholds a financial transaction card from the person, possession, custody or control of another without the cardholder’s consent and with the intent…
…the block at the top of the form: Most of the time it seems that good cause modifications are done by consent, and thus without the need for notice and…
