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I'm not lazy...I just know my limitations...OK, I'm a little lazy. But has anyone one done any actual writing on this McNeely thing. I am already getting motions to suppress based on McNeely and I sure would like to put together a suitable memo defending at least the "mandatory" blood draw situations.
 
Posts: 130 | Location: Hempstead, Texas, USA | Registered: March 15, 2007Reply With QuoteReport This Post
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Montgomery County has. Send Warren or myself an email and we can send it along.


L.
 
Posts: 21 | Location: Conroe | Registered: May 09, 2012Reply With QuoteReport This Post
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So far, the answer is found in procedural default:

Details.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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That said, contact the folks in Montgomery County. Lane and Warren (and the other folks who have undoubtedly contributed) have put a lot of thought into this issue.
 
Posts: 1243 | Location: houston, texas, u.s.a. | Registered: October 19, 2001Reply With QuoteReport This Post
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Agreed. The long-term solution is to get the Texas mandatory blood draw laws affirmed on the theory that the defendant, by accepting his driver's license, has already consented to providing a sample of his breath or blood. Such a solution would also avoid litigating every single blood draw case to see if there were exigent circumstances.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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We have at least a half-dozen McNeely-related documents on our DWI page, FYI.

http://www.tdcaa.com/dwi/index.html
 
Posts: 2418 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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