Legal Opinion
District of Columbia v. Onley
District of Columbia Court of Appeals
Decided March 8, 1979No. 13880PublishedCited by 7 opinions
1Per curiam
The District of Columbia appeals an order in a drunk driving prosecution suppressing the results of two breathalyzer tests indicating the level of appellee’s blood-alcohol. The trial court held that a person who was too drunk to give a voluntary consent was “otherwise in a condition rendering him incapable of refusal” within the terms of the District of Columbia Implied Consent Act, D.C.Code 1973, §§ 40-1001 to -1007, and that under the Act such a person could have the test results suppressed. The government argues that the statute means that only a person who is unconscious or physically…
2Cases cited5 opinions
- Hoban v. RiceOhio Supreme Court · 1971
- Murray v. United StatesDistrict of Columbia Court of Appeals · 1976
- Burson v. CollierSupreme Court of Georgia · 1970
- Department of Public Safety v. KrahnSupreme Court of Oklahoma · 1977
- Scott v. KellyAppellate Division of the Supreme Court of the State of New York · 1958
3Cited by7 opinions
- Terrence Melvin Koonce v. District of ColumbiaDistrict of Columbia Court of Appeals · 2015
- District of Columbia v. McConnellDistrict of Columbia Court of Appeals · 1983
- Board of Directors v. Board of TrusteesDistrict of Columbia Court of Appeals · 2002
- Stowell v. District of Columbia Department of TransportationDistrict of Columbia Court of Appeals · 1986
- State v. QuaidNew Jersey Superior Court Appellate Division · 1980
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