Lawyer News
Today's Date: U.S. Attorney News Feed
High court backs law on driver drug tests
Legal Career News | 2007/08/15 12:44
The state's highest court upheld a Maine statute yesterday that mandates blood alcohol and drug testing of drivers when a motor vehicle accident results in a fatality.

The decision stemmed from a manslaughter case in which a lower court ruled that the results from a blood-alcohol test of a driver were unconstitutional and should be suppressed. The judge ruled that the test results violated the Fourth Amendment protection from "nonconsensual, warrantless and suspicionless searches."

The state appealed to the Maine Supreme Judicial Court. In a 34-page opinion, justices issued a 4-to-2 decision, vacating the ruling to suppress the evidence and sending the case back to the lower court for further proceedings.

Chief Justice Leigh Saufley wrote that the statute itself is constitutional and that the test results are admissible in court if the state demonstrates that the defendant consented to the test or there was probable cause to believe the driver was operating under the influence of drugs or alcohol.

Saufley further wrote that the state's need to obtain information about the intoxication of drivers involved in fatal accidents has to be balanced against the privacy interest of motorists. "We conclude that the state's interest in gathering information to assist in addressing the problem of intoxicated driving outweighs the privacy interest of drivers in the content of their blood," he wrote.

Richard Cormier of Gray was driving a car that was involved in a head-on collision on Route 85 in Raymond on May 11, 2003. An elderly couple from Gray was killed in the accident.

Cormier was transported by ambulance to a hospital, where his blood was drawn. The blood-alcohol content was 0.08 percent, meaning that he was legally intoxicated.

Cormier was later indicted on two counts of manslaughter and other charges, but he moved to suppress the results of the blood test in a court motion.

Justice Paul Fritzsche agreed, ruling that Cormier had not consented to the test and that there was not sufficient probable cause to believe he was operating under the influence.

Fritzsche found the only justification for the blood test was the state law that mandates a test when an accident has resulted in a fatality. He cited a US Supreme Court decision in declaring the test results as inadmissible in court.

Supreme Court Justices Jon Levy and Susan Calkins disagreed with the majority opinion.

"The majority's opinion leads the law into new, uncharted territory in which probable cause, a cornerstone of the Fourth Amendment, plays a secondary, after-the-fact role," Levy wrote.

"Notwithstanding [the statute's] proper and noble purpose, I conclude that to the extent the statute authorizes searches and seizures based on after-acquired probable cause, the statute is unconstitutional."



[PREV] [1] ..[6428][6429][6430][6431][6432][6433][6434][6435][6436].. [7609] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
Election 2024 highlights: Re..
North Carolina Attorney Gene..
Republicans take Senate majo..
Au pair charged in double ho..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Sean ‘Diddy’ Combs to stay..
Supreme Court grapples with ..
Georgia Supreme Court restor..
Court declines Biden’s appe..
Supreme Court will weigh Mex..
Supreme Court leaves in plac..
New rules regarding election..
North Carolina appeals court..
A court in Argentina orders ..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design