- State v. Alcazar- Defendant must be read his rights regarding consequences of a submittal or refusal to the chemical test prior to the administration of the breath test.
- State v. Edwards -If state does not read rights regarding the chemical test, state cannot use his refusal in court of law.
- State of New Hampshire v. Michael Dahood – Determined that the Horizontal Gaze Nystagmas (HGN) test as administered by police officers in New Hampshire is not reliable evidence for trial purposes as required by the New Hampshire rule of evidence 702 however, the HGN test may be admitted to establish probable cause to arrest.
- US v. Horne – US Circuit court held Field Sobriety Tests are subject to the Daubert standard showing scientific reliability of test before admissibility.
- State v. Loisel – Where videotape of a traffic stop of defendant showed he did not have any trouble walking or standing and did not lose his balance. The defendant only had a problem with alphabet tests. The evidence was insufficient to support a conviction for DUI/DWI.
- Montana Supreme Court in State v. Minkoff – The police officer told his DUI/DWI suspect that a blood test would show a higher blood alcohol level than the breath test he had just taken. This advice impeded the defendant’s efforts to obtain an independent test and the case was dismissed.
- US v. Lambert – Held that defendant was seized when agent held his driver license for 20 minutes.
- US v. Buchanan – Held that the defendants were seized when the troopers separated them from their vehicles.
April 6, 2016
