Re:Judge rules against use of fifth amendment in D (1 viewing) (1) Guests
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TOPIC: Re:Judge rules against use of fifth amendment in D
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Judge rules against use of fifth amendment in DUI case 1 Month, 1 Week ago Karma: 2  
This thread discusses the Content article: Judge rules against use of fifth amendment in DUI case

It is people like him who need the proverbial book thrown at them. Apparently, his years in prison didn't teach him anything.
 
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Re:Judge rules against use of fifth amendment in D 1 Month, 1 Week ago Karma: -22  
Laycock cited a previous case from Sandy, saying the fifth amendment applies only to speech. Utah law grants people the right to refuse a sobriety test, but anyone who refuses can be stripped of their driver's license.

Just a wild guess, but Sandy City got it from the US Supreme Court?

Schmerber v. California, 384 U.S. 757 (1966), held that a State could force a defendant to submit to a blood-alcohol test without violating the defendant's Fifth Amendment right against self- incrimination. We now address a question left open in Schmerber, id., at 765, n. 9, and hold that the admission into evidence of a defendant's refusal to submit to such a test likewise does not offend the right against self-incrimination. South Dakota v. Neville, 459 U.S. 553 (1983).
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=459&invol=553
 
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