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.
Posts
No comments:
Post a Comment