Maybe Implied Consent is Real After All

Published for NC Criminal Law on April 24, 2014.

Courts across the country continue to wrestle with whether and how the Supreme Court’s opinion in Missouri v. McNeely, 569 U.S. ___, 133 S. Ct.  1552 (2013), affects the lawfulness of testing carried out pursuant to a state’s implied consent laws.  McNeely held, in the context of a blood draw performed over a defendant’s objection, ... Read more

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