Implied Consent Hearing Checklist
by: Hduvall • September 5, 2012 • no comments
Implied consent hearings are strange creatures where common sense is left at the door. In these hearings, confronting unexpected issues presents the greatest challenge to adequately representing our clients. We all-too-often find ourselves scrambling through the morass of statutes, administrative rules, and case law trying to explain and preserve our argument. I recently updated my Implied Consent Hearing Checklist, complete with footnotes placing the statutory, OAR, and case law language and citations at your fingertips. I presented the original version at the OCDLA DUII conference a couple of years ago. If you don't already have a copy of this updated outline, it is now part of the OCDLA Library of Defense.