Thursday, February 14, 2013


In a decision released today, Feb 14th,  in the Court of Criminal Appeals, called  State v Glavin, Judge McMillan and Judge Smith have agreed that ALL non criminal implied consent violations MUST be heard in Sessions Court, unless there is a written motion filed by the Prosecutor to have the determination made in the Trial Court. Further, it is error to have a non criminal implied consent violation determined by a jury. Please share this information with your Sessions Court prosecutors. 

A written motion is not required by statute, but it apparently is required to satisfy  this decision.

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