Officer must read implied consent notice for CDL licenses when driver is operating commercial vehicle
Topic: DUI, Decided by: Judge Teate
Docket Number: 2301647 , Decision Date: September 12, 2022
Attachment: Click here to download the decision.
Docket Number: 2301647 , Decision Date: September 12, 2022
Attachment: Click here to download the decision.
In reversing a driver’s administrative license suspension, the Court concluded that the arresting officer had incorrectly read the implied consent notice for a driver of a private passenger car. The Court noted that, although the driver had presented a regular driver’s license during the stop, he was driving a commercial motor vehicle. The type of vehicle involved in the stop—rather than the license presented—determines whether the officer must read the implied consent for commercial driver’s licenses.
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