If a state affords an arrested drunk driver the right to call a lawyer before submitting to a breath test, can a driver who has second thoughts interrupt the actual administration of a test to telephone an attorney? That’s the ...Read More »
As usual, there were a number of noteworthy decisions from federal and state courts in 2011: 1. Topping the list is the 11th Circuit’s decision to strike down the individual mandate in the new federal healthcare reform law. The federal ...
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Breath test results obtained from a drunk driver were inadmissible because police violated his statutory rights by placing him in a partitioned and monitored booth during his pre-test conversation with counsel, the Iowa Supreme Court has ruled in reinstating a ...Read More »
A drunk driving defendant’s constitutional rights were not violated by the admission of breath test certification records without the testimony of the state technician who prepared them, Massachusetts’ highest court has ruled in affirming a conviction.Read More »
Year after year, the practice of criminal law is marked by a wide array of debates over search and seizure matters, ineffective assistance of counsel and many other issues – and 2009 was no different. Here is a look back ...Read More »
A state law which imposes criminal penalties upon those who refuse to consent to chemical testing after being arrested for operating a motor vehicle while under the influence doesn’t violate the Fourth Amendment, the Ohio Supreme Court has ruled.Read More »