DRIVER LICENSE SUSPENSION: Judicial review of DUI not mooted by return of license after end of 6-month suspension… first impression… Best reversed. [Read more…]
Tampering, destruction of phone
TAMPERING: Instruction on Criminal Destruction of a Communication Device as lesser-included of Tampering with Evidence properly denied… Parker affirmed. [Read more…]
License suspension, motorcyclist “serious bodily injury”
LICENSE SUSPENSION: Trooper had probable cause to believe that motorcyclist had “serious bodily injury” providing basis to request blood test… statement that “I don’t want that” properly construed as withdrawing initial consent for test… license suspension properly upheld… Grubich affirmed. [Read more…]
DUI, blood draw of unconscious motorcyclist
DUI: Sufficient probable cause for investigative subpoena to obtain blood of unconscious motorcyclist but Trooper instead properly asked hospital staff to preserve blood drawn earlier… Best affirmed. [Read more…]