Having to deal with a suppression on an Intox Manslaughter, in which the defense is arguing McNeely is retroactive and should apply. The blood draw was done some six months prior to McNeely, but I'm thinking the "it happened before the decision was done so it doesn't count" argument might not be the best argument. I've got the exigent circumstance argument and the statutory argument, but I was wondering if anyone has dealt with retroactivity yet.

I haven't personally, but I know that Montgomery County has, and I think that Bexar and Nueces have as well. All three counties were well represented at the McNeely roundtable.

Also remember to argue good faith. Not in warrant, but in a statute. Finally look at footnote 9 where our Mandatory Law was NOT< YES NOT overturned. Don't argue retroactivity argue non application, McNeely did not declare anything we have in Texas unconstitutional even if that is what the defense claims. Worry, sure. Conceed, never.

Good faith is the argument that's worked well here in combination with the Transportation Code statute.