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Home / Opinion Digests / Traffic Offenses – DUI – Implied Consent (access required)

Traffic Offenses – DUI – Implied Consent (access required)

On rehearing en banc, the Court of Appeals split 6-5, upholding the defendant’s conviction because he volunteered to take a breath test before he was informed of the implied consent statute. Defendant crashed his pickup truck on the private road of an apartment complex. A security guard called police, and an officer arrived about 30 minutes ...