Here's one for members of the criminal defense bar: Can a driver's license be suspended pursuant to a state implied consent law if the refusal to submit to a breath test was not incident to a lawful arrest? This month, the Florida Supreme Court tackled that question and the thornier issue of whether the lawfulness of an arrest is subject to review by a state hearing officer in a license suspension proceeding.
A drunk driver with weak English language skills could be convicted for refusing to take a breath test - even though police did not explain his rights under the state's implied consent law in his native Spanish tongue, the Oregon Supreme Court has ruled in affirming a conviction. The defendant is a native Spanish speaker whose command of the English language is limited. Following his arrest for driving under the influence, police transported him to a police station where he was asked to take a breath test. After an officer read him his rights under the state's implied consent law in English, the defendant responded by asking the officer what he would do. The officer replied that it was the defendant's choice whether or not to take the test.
CIVIL LAW: affirmative defense, implied consent, mitigation of damages, manifest weight of the evidence, workmanlike manner, expert witness, surplusage
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