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The United States Supreme Court, in a trio of cases (Birchfield v. North Dakota, Beylund v. Levi and Bernard v. Minnesota), recently ruled on the issue of the constitutionality of laws criminalizing the refusal of breath and blood tests. The … Continue reading →
The U.S. Supreme Court issued an opinion on June 20, 2016 in the case of Utah v. Strieff. The question posed in this case was whether the attenuation doctrine applies when law enforcement makes an unconstitutional investigatory stop, learns during … Continue reading →
A recent case out of the 4th District Court of Appeals dealt with the issue of DUI / OVI and the use of prescription drugs. The case, State v. Hammond, involved a 70 year old man who was driving his … Continue reading →
When the police administer field sobriety tests, the third test that will be administered is the “one leg stand” test. For this test, the officer will have you raise one foot approximately 6 inches off the ground and count to … Continue reading →
When the police administer field sobriety tests, the second test that will be administered is the “walk and turn” test. For this test, the officer will have you place your feet on either a real or imaginary line, walk 9 … Continue reading →
When the police administer field sobriety tests, the first test that will be administered is the “horizontal gaze nystagmus” test. For this test, the officer will have you look at a stimulus (e.g., pen or finger) and follow it with your … Continue reading →
