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[Download] "People V. Gillett" by Colorado Supreme Court # Book PDF Kindle ePub Free

People V. Gillett

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eBook details

  • Title: People V. Gillett
  • Author : Colorado Supreme Court
  • Release Date : January 08, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

We granted certiorari to review the decision of the district court of Arapahoe County affirming the county court's dismissal of charges of driving under the influence of intoxicating liquor, section 42-4-1202(1)(a), C.R.S. 1973, separately brought against three defendants. In each case the county court found that the arresting officer advised the defendant of his or her rights under the implied consent law, section 42-4-1202(3), C.R.S. 1973, and requested the defendant to submit to chemical testing, but when the defendant then requested a blood test the officer did not comply with that request. The county court concluded that the actions of the arresting officers violated due process of law. The district court affirmed the order of dismissal but on a more narrow basis. It held that the implied consent law grants the arrested driver a statutory right to a blood test once the arresting officer invokes the law by requesting the driver to undergo chemical testing. We affirm the judgment of the district court.


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