People v. Dickerson

The instant appeal raises the question of whether a trial court properly dismissed implied consent proceedings after finding the underlying municipal ordinances to be invalid. The defendants, Matthew S. Dickerson, Clinton Terry, Larry Sellers, and John Lesiotis, were charged in separate incidents with driving under the influence of alcohol (DUI) and related traffic offenses. Each DUI charge was brought under a municipal ordinance. Each of the defendants refused to take a breathalyzer test at the time of their arrest.

The defendants subsequently requested an implied consent hearing. During the…