Legal Opinion

State v. Padley

Court of Appeals of Wisconsin

Decided May 22, 2014No. 2013AP852-CRPublishedCited by 55 opinions

1Opinion of the Court

BLANCHARD, EJ.

¶ 1. Megan Padley was the driver of a vehicle involved in a fatal crash. There is no dispute that a sheriffs deputy who investigated the crash, and who subsequently directed a draw of Padley's blood, lacked probable cause to believe that Padley had alcohol or a controlled substance in her system. Nonetheless, relying on an amendment to the implied consent law effective as of 2010, Wis. Stat. § 343.305(3)(ar)2. (2011-12),1 the deputy used an "Informing the Accused" form to require Padley to choose between consenting to a draw of her blood for purposes of a chemical test or being…

2Cases cited43 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. Griffin v. CaliforniaSupreme Court of the United States · 1965
  5. Bumper v. North CarolinaSupreme Court of the United States · 1968

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3Cited by55 opinions

  1. Commonwealth, Aplt. v. Myers, D.Supreme Court of Pennsylvania · 2017
  2. Williams v. StateSupreme Court of Georgia · 2015
  3. People v. HarrisCalifornia Court of Appeal · 2015
  4. State of Iowa v. Dale Dean Pettijohn Jr.Supreme Court of Iowa · 2017
  5. State v. BairdWashington Supreme Court · 2016

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