…Most blood draws in implied consent cases are requested and, if the suspect acquiesces, carried out under the state’s statutory implied consent scheme rather than in the manner the defendant…
…with you in a two-part post. This post reviews the past year’s jurisprudence on implied consent testing and compelled blood draws. Tomorrow’s post will review the recent case law on…
…the implied-consent law.” G.S. 20-16.2 requires, among other things, that a law enforcement officer have probable cause to believe that the defendant committed an implied consent offense, that the defendant…
…of an impaired driver’s license revocation or driving after failing to appear for two years for an implied consent offense were proposed by the Governor’s Task Force on Driving While…
…State’s contention that the defendant consented to the blood draw by virtue of the implied consent statutes. The State struck out there as well. The court reasoned that treating G.S….
…employed in the investigation of implied consent offenses. G.S. 20-16.3 permits a law enforcement officer to require the driver of a vehicle to submit to an alcohol screening test within…
…person has committed an implied consent offense; The person is charged with that offense; The law enforcement officer and the chemical analyst comply with the provisions of G.S. 20-16.2 and…
…implied consent offenses sentenced under the Structured Sentencing Act. And, as a practical matter, I’m not sure it ever is applied to implied consent offenses other than those sentenced under…
…implied consent testing statutes afford a person stopped or questioned by a law enforcement officer who is investigating an implied consent offense the right to a breath test before being…
…“I’m asking for consent to search your house. If you don’t consent, I’ll go apply for a search warrant because I think I have probable cause. So, can I search?”…
