ND: Refusal for BAC test came after SW and not from impled consent law

Defendant’s refusal for a BAC test didn’t come until after a warrant issued, and the implied consent law wasn’t material. State v. Nice, 2019 ND 73, 2019 N.D. LEXIS 65 (Mar. 13, 2019).

Defendant moved to set aside his plea for alleged ineffective assistance of counsel for defense counsel not filing a motion to suppress an NIT search warrant. Since not one appellate case has held the NIT warrants unconstitutional, defense counsel couldn’t be ineffective. United States v. Keith, 2019 U.S. App. LEXIS 7725 (2d Cir. Mar. 16, 2019).*

This entry was posted in Drug or alcohol testing, Ineffective assistance. Bookmark the permalink.

Comments are closed.