Implied Consent Refusal| Drug and Alcohol Test

Implied Consent Refusal| Drug and Alcohol Test

What are Implied Consent Laws? All 50 states have an implied consent statute.  Implied consent laws that need a driver to submit to a chemical test when there is probable cause to think the driver of a motor vehicle was impaired

The post Implied Consent Refusal| Drug and Alcohol Test appeared first on The Fourth Amendment.

Published at Tue, 05 Jan 2016 19:05:02 +0000

Cronin v. Commissioner of Probation

police lights photo
Photo by davidsonscott15


Cronin v. Commissioner of Probation

Petitioner was convicted and sentenced for operating a motor automobile under the influence of alcohol and negligent operation of a motor vehicle. At some point in the course of the booking process, petitioner was provided written Miranda warnings and invoked his proper to stay silent. Petitioner contends that the prosecutor’s cross-examination and closing argument constituted constitutionally forbidden commentary on his post-Miranda silence. The district court’s denial of habeas relief is affirmed, where, even if the Massachusetts Appeals Court misapplied the Doyle v. Ohio rule proscribing the prosecution’s use of a defendant’s post-Miranda silence in a criminal case, any comment on the petitioner’s silence here was harmless when regarded in the context of the trial as a entire.
Published at 04/07/2015