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Out-of-court statements admissible to show reasonable grounds to believe suspect had been lawfully arrested for DUI.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1551512 , Decision Date: 2015-06-29 
Attachment: Click here to download the decision. 

Petitioner challenged the suspension of his driver’s license because the stop of his vehicle was unsupported by in-court testimony.  The arresting officer’s testimony regarding the statements of the stopping officer, Petitioner argued, was hearsay, and therefore inadmissible to support the validity of the stop.   However, [..] Read More..

The Court again declined to apply Williams in a subsequent case held before Judge Michael Malihi.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1511892 , Decision Date: 2015-05-07 
Attachment: Click here to download the decision. 

Voluntariness inquiry is outside the scope of administrative license suspension proceedings.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1516390 , Decision Date: 2015-04-29 
Attachment: Click here to download the decision. 

A DUI suspect contended that his agreement to submit to a breath test after having been read the implied consent notice did not amount to “actual consent” such as to obviate the need for obtaining a warrant before procuring and testing a sample of his [..] Read More..

Arresting officers need not ensure that DUI suspects understand implied consent notice.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1530697 , Decision Date: 2015-03-23 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The fact that an arresting officer read a DUI suspect the implied consent notice shortly after advising him of his Miranda rights, including his right to an attorney, did not render the implied consent notice defective.  Because the arresting officer read the applicable implied consent [..] Read More..

Allegations that traffic stop was pretextual unsupported by evidence.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1526352 , Decision Date: 2015-02-25 
Attachment: Click here to download the decision. 

Petitioner challenged the traffic stop precipitating her arrest for DUI, citing purported evidence that the stop was pretextual.  The Court declined to find a pretextual stop because the Petitioner’s evidence was refuted by the arresting officer’s credible testimony, which was corroborated by video evidence, that [..] Read More..

Failure to accommodate request for independent test renders state’s test results inadmissible.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1500263 , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

The arresting officer obtained an additional state-administered chemical test in response to a DUI suspect’s invocation of her right to an independent test.  Provision of the second state-administered test was insufficient to meet the statutory requirement that the arresting officer make efforts to accommodate the [..] Read More..

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