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2019 Articles

Chasing zero: The NTSB recommendation to lower BAC limits from .08 to .05 By J. Brick Van Der Snick March 2019 Lowering the limit would place a heavier burden on the prosecutor’s office with a drastic increase in the passage of field sobriety tests by those suspected of impaired driving.
Constitutionality of the DUI per se provisions of the compassionate use of medical cannabis law By Larry Davis March 2019 The Compassionate Use Act as now written provides for an exemption or immunity from prosecution for those who hold a valid cannabis user’s card even if they are in violation of the per se limits established following People v. Martin.
The Corpus Delicti Rule By J. Brick Van Der Snick & Andrew L. Morris August 2019 A summary of People v. Sanchez, in which the defendant appealed his conviction for one count of driving under the influence of alcohol.
Has Missouri v. McNeely Been Overruled by Mitchell v. Wisconsin? By Larry A. Davis August 2019 In Mitchell v. Wisconsin, the U.S. Supreme Court held that a Wisconsin statute providing for a warrantless blood draw from an unconscious DUI suspect is always constitutional, except in the rarest of circumstances, pursuant to the “exigent circumstances” exception to the Fourth Amendment’s warrant requirement.
The need for a warrant after DUI suspect hospitalized By James Stern March 2019 In People vs. Pratt, the appellate court held that a non-consensual blood draw of a DUI suspect at the hospital after a fatal accident was an unreasonable warrantless search in violation of the Fourth Amendment.
No Erratic Driving for Touching Center Yellow Line and White Fog Line By David B. Franks August 2019 A summary of People v. Mueller, in which the defendant contested the stop of her vehicle for improper lane usage.
Recent cases of interest By Thomas M. Moran March 2019 Summaries of recent cases of interest.
You ‘Won’ Your Secretary of State Hearing, Now What? By Tom Speedie August 2019 Answers to frequently asked questions about what happens after a Secretary of State hearing is "won."