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Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
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[quote:Anonymous Coward 61554461:MV8zMTAzNzc0X0Q2QzAwMkNG] [i]A Kansas law that allowed authorities to charge motorists who refused breath or blood tests during drunk-driving investigations with additional crimes has been found unconstitutional. The state's Supreme Court ruled Friday that the law, which says anyone who operates a motor vehicle in the state has given implied consent to such testing, violates drivers' Fourth Amendment right to unreasonable searches and seizures.[/i] [b]The Kansas decision could potentially provide a framework for that U.S. Supreme Court's review. The state court not only rejected the law, but in a separate ruling, said efforts to ensure compliance amounted to coercion.[/b] http://www.autoblog.com/2016/02/29/breath-test-refusal-kansas-court-ruling/ [/quote]
Original Message
A Kansas law that allowed authorities to charge motorists who refused breath or blood tests during drunk-driving investigations with additional crimes has been found unconstitutional.
The state's Supreme Court ruled Friday that the law, which says anyone who operates a motor vehicle in the state has given implied consent to such testing, violates drivers' Fourth Amendment right to unreasonable searches and seizures.
The Kansas decision could potentially provide a framework for that U.S. Supreme Court's review. The state court not only rejected the law, but in a separate ruling, said efforts to ensure compliance amounted to coercion.
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