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.
Montgomery County has. Send Warren or myself an email and we can send it along.
So far, the answer is found in procedural default:
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.
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.
We have at least a half-dozen McNeely-related documents on our DWI page, FYI.
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