Upon being stopped for suspected drinking and driving, and before being administrated or submitting to alcohol/drug detection devices, the police officer has to inform you explicitly as to your right to refuse test submission pursuant to DC Implied Consent Act. DC Statute Sec. 50-1905 makes it clear that refusal to submit to two chemical tests pursuant to Sec. 15-1902 (blood, urine, or breath), will result in an automatic suspension of the driving privileges in the District for a period of 12 months. Before suspension, the arresting officer has to submit an affidavit stating that the implied consent act was explained, and
Read More
Archives for Criminal Defense
How our expectations of privacy has been morphed by the technology and its widespread development
The US Supreme Court will soon address the legality of allowing the police to monitor the movements of the US mobile phone users without a warrant. The issue in the case before the Supreme Court in US v. Jones is whether the police officers can track suspects’ car via a GPS device without first obtaining a warrant. In that case, the suspect was surveilled for some 28 days by the law enforcement GPS device planted without a warrant. The question before the Court there is whether the defendant had a legitimate expectation of privacy as his car was at all
Read More