For Criminal Defense Lawyers Only
In Light of McNeely
Dear Criminal Defense Bar,
Here is a decision that Judge Jass issued on implied consent and single exigency circumstance, in a recent case that I litigated.
Please note: she rules the implied consent statute is coercive. However, she justifies the taking of the sample on the single exigency exception to the search warrant rule.
Therefore, we have a US Supreme Court case that now applies! We have a judge that may perhaps listen to this argument!
The central question becomes, does blood look different than breath or urine?
The argument is simple: they still have an opportunity to talk to a lawyer, before making their decision. During that period of time, it is easy to get a search warrant. If no search warrants are applied for, then, we have a violation.
Calvin P. Johnson, Attorney
What Is Your Reason For Refusing?
QUESTION: Has anyone attempted to challenge the current form of the Implied Consent Advisory, which declares that refusal to give a test is a crime, then requests a test, and, if there is a refusal, an additional question is asked: What is your reason for refusing?