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Article • September 1, 2023 • from CLN September, 2023
Massachusetts Supreme Judicial Court Casts Nearly 30,000 DUI Convictions in Doubt Due to ‘Egregious Government Misconduct’ by Jordan Arizmendi by Jordan Arizmendi The Supreme Judicial Court of ­Massachusetts upheld a ruling concluding that between 2011 and 2019, breathalyzers used by the government were improperly calibrated and maintained. Commonwealth v. Hallinan, …
Article • June 23, 2023
St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk by Channel 3 News in Michigan reported that St. Joseph County Sheriff Mark Lillywhite, 47, was sentenced to one year of probation after pleading guilty to two misdemeanor …
Article • May 11, 2023
“I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea by California authorities have reached a groundbreaking settlement in a case that has cast a spotlight on the use of excessive force by law enforcement. …
Article • February 15, 2023 • from CLN March, 2023
Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy by David Reutter by David M. Reutter The Supreme Court of Florida held dual convictions for DUI causing damage to property or person – § 316.193(3)(c)(1), Florida Statutes – and DUI …
Article • January 15, 2022 • from CLN February, 2022
Filed under: DUI, Warrantless Searches
Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho vacated Patricia Ann Amstutz’s conviction for misdemeanor driving under the influence …
Article • November 15, 2020 • from CLN December, 2020
Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing by Anthony Accurso   by Anthony Accurso  The Supreme Court of Colorado, proceeding from original jurisdiction on appeal from a district court, held that the district court erred in denying a preliminary hearing to a defendant …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Consent Decrees, DUI
Vermont Supreme Court Rules DUI Breath Test Subject to Voluntariness Challenge Despite Implied Consent Law by Mark Wilson by Mark Wilson The Supreme Court of Vermont held that the state’s implied consent statute does not bar a voluntariness challenge to a breath test. Every person who operates a motor vehicle …
Article • August 19, 2019 • from CLN September, 2019
Filed under: DUI
Montana Supreme Court Rules Leaving a Brewery Doesn’t Provide Particularized Suspicion of DUI by Anthony Accurso by Anthony Accurso The Supreme Court of Montana held that facts leading up to the traffic stop at issue do not amount to the particularized suspicion required to initiate a lawful stop under Montana …
Article • July 13, 2019
Filed under: Blood, Police, DUI
Miranda Violation Required Suppression of Oregon BAC Results by Mark Wilson by Mark Wilson The Oregon Court of Appeals held that a lower court improperly failed to suppress blood alcohol content ("BAC") evidence taken in  violation of a defendant's constitutional right to remain silent. Oregon police received information about someone …
Article • May 23, 2019
Insurance Companies Make $1000 For Each Speed Camera Ticket by California red light camera tickets boosted insurance industry profit by $1.5 billion over five years. From TheNewspaper.com Neither the cities that have traffic cameras nor the private companies that operate them are the biggest financial beneficiaries of photo enforcement. In states …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI by Mark Wilson by Mark Wilson The Supreme Court of Oregon held that the Oregon Constitution prohibits prosecutors from using a criminal defendant’s refusal to submit to a breath test as evidence against him in a …
Article • May 15, 2019 • from CLN June, 2019
Filed under: DUI
Intoxicated Driving Convictions for Non-Drinking Drivers by Edward Lyon by Ed Lyon The human body is an incredible machine. It heals itself from many injuries and illnesses. It turns food into calories that help build muscles and store fat for lean times. In some cases, a person’s body may even …
Article • March 16, 2019 • from CLN April, 2019
North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test by Douglas Ankney by Douglas Ankney In December 2018, the Supreme Court of North Dakota held that the implied consent advisory pursuant to N.D.C.C. § 39-20-01(2) and (3) must be read after placing …
Dortch v. Arkansas, evidence negligent homicide, opinion, 2018 Cite as 2018 Ark. 263 SUPREME COURT OF ARKANSAS No. CR-17-76 SAMMY W. DORTCH, JR. Opinion Delivered: April 26, 2018 APPELLANT APPEAL FROM THE INDEPENDENCE COUNTY CIRCUIT COURT [NO. 32CR-16-13] V. STATE OF ARKANSAS HONORABLE JOHN DAN KEMP, JUDGE APPELLEE AFFIRMED IN …
Brief • April 26, 2018
Idaho v. Fuller, ID, opinion, traffic stop, 2018 IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 44172 STATE OF IDAHO, ) ) Plaintiff-Appellant, ) ) v. ) ) ANTONIA KATE FULLER, ) ) Defendant-Respondent. ) _______________________________________ ) Boise, January 2018 Term 2018 Opinion No. 41 Filed: April …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Criminal Procedure, DUI
Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction by Norma Gonzalez by Norma Gonzalez The Supreme Court of Hawaii vacated the defendant’s conviction for operating a vehicle under the influence of an intoxicant because the defendant’s waiver of the right to testify was not voluntarily, intelligently, and knowingly made. …
Brief • February 22, 2018
State of Colorado v. Griego, opinion, attempted reckless manslaughter equal protection, 2018 1 2 3 4 5 6 7 8 9 0 1 2 3 4 Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are …
Garnett v. City of Norwalk, CT, complaint, excessive police force, 2015 Case 3:15-cv-01585-SRU Document 1 Filed 10/30/15 Page 1 of 21 U t't itcicJ tatos r I ¡. i' ''- !-, i_irt D i:¡iri ct of C f', rl Êr= i ç;-ut F:i i_E Ð ,-t T ¡-) {J,,t L¡ …