Saturday, April 10, 2010

Chicago DUI lawyer questions the Constitutionality of a fine for refusing to submit to DUI testing


Chicago DUI lawyer awaits the Constitutional challenge to a fine for refusing to submit to a blood or breath test related to a DUI arrest. She’s posted here, here, and here about your Constitutional rights as they relate to blood or breath testing when charged with a DUI.

April 10, Darby, MT
Darby implemented a brand new ordinance on Friday night called the "Refusal to Submit to a Breath or Blood Test".

If a driver refuses to submit a sample when asked by law enforcement, then they'll receive a $500 fine.

Just a month ago, Darby's Prosecuting Attorney and Darby's Police Chief took their ideas to Helena in hopes of passing a state wide ordinance. But that didn't happen.
This new law should have some DUI practitioners and Constitutional lawyers chomping at the bit for a test case to challenge the new law in this local municipality.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973