Failing to advise a defendant of his implied consent rights requires suppression of the test results . . . except when it doesn’t
Published for NC Criminal Law on January 07, 2015.
In opinions spanning four decades, North Carolina’s appellate courts have suppressed chemical analysis results in impaired driving cases based on statutory violations related to their administration. When the violation consists of the State’s failure to advise a defendant of her implied consent rights, the appellate courts’ jurisprudence has been straightforward and consistent: The results of ... Read more
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