[DOWNLOAD] "State v. Netland" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Netland
- Author : Supreme Court of Montana
- Release Date : January 11, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appellant challenges her conviction of second-degree driving while impaired for refusal to submit to a chemical test, arguing that (1) imposing criminal penalties for refusing to submit to chemical testing unconstitutionally conditions the privilege of driving on the drivers surrender of rights guaranteed by the Fourth Amendment to the United States Constitution; (2) a conviction of driving while impaired for "refusing" to submit to a breath test based on the Intoxilyzer machines rejection of her breath samples, despite her apparent willingness to provide one, and the officers rejection of her timely requests for additional opportunities to complete the Intoxilyzer test and an alternate method of testing, violates the right to due process; (3) the district court erred in denying her motion for a mistrial; and (4) admitting the results of an incomplete breath test was prejudicial error. We reverse the conviction on due-process grounds.