The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test. Refusing to take the test designated by the arresting officer is tantamount to a refusal to submit to chemical testing, even though a […]
Driver’s insistence upon blood test alone constituted refusal. Read More
During an arrest for driving under the influence (DUI), an arresting officer is only required to read the implied consent warning and is not obligated to ensure that the driver understands the warning. Thus, it is of no consequence that Petitioner claimed she had difficulty understanding the warning because English was not her first language.
Arresting officer not required to ensure Petitioner understood implied consent warning. Read More
Plaintiffs were denied procedural and substantive rights guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA). The parent was denied procedural rights when: (1) the school district did not have a knowledgeable agency representative with the authority to commit agency resources at an IEP meeting, and (2) the decision of whether to administer Diastat
Administration of Diastat on bus a necessary supportive service. Read More
