States brief ~ GA Supreme Court upholds implied consent law

[JURIST] Leading Monday's states brief, the Georgia Supreme Court today upheld [PDF text] the state's implied consent law [text], allowing law enforcement to require chemical tests of suspected drunk drivers in certain circumstances. The court ruled that the tests can only be required if an individual has been involved in a traffic accident resulting in death or serious injury and the investigating officer has probable cause to believe the person was under the influence of chemicals. A decision by the Supreme Court two years ago found the law unconstitutional because it was not necessary to have probable cause that the individual was under the influence of alcohol or drugs to require the test. AP has more.

In other state legal news ...

  • Oneida Indian Nation [tribe website] spokesman Jerry Reed said Monday that the tribe will appeal a New York Supreme Court decision that found the tribe's casino compact illegal because then-Governor Mario Cuomo exceeded his authority by entering the compact without legislative approval to the state's highest court, after an appeals court denied the tribe's appeal [text] on Friday. The lawsuit was filed against the tribe by Upstate Citizens for Equality [website], which wants the tribe to pay local taxes. The Turning Stone casino, operated by the tribe, employees over 3,000 people and attracts 4.2 million visitors a year. AP has more.

  • The Colorado Supreme Court [official website] announced Monday that it will review a court of appeals decision which held a judge can order that grandparents receive visitation over the objection of the adoptive parents if the parents are deemed unfit or if the child would be harmed without the court-ordered visitation. The April 7th decision [PDF text] gave adoptive parents the same rights as biological parents in regards to deciding grandparent visitation. AP has more.


 

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