Legal Opinion
State v. Yallup
Court of Appeals of Washington
Decided March 10, 2011No. 28040-3-IIIPublished
1Opinion of the Court
*503f 1 Elon Yallup challenges his conviction for felony driving while under the influence (DUI), arguing that the State cannot enforce the implied consent laws against an enrolled member of the Yakama Nation driving on state highways on the reservation. We conclude that the implied consent statute is primarily a criminal statute rather than a civil regulatory statute as that distinction is applied by the United States Supreme Court in cases interpreting Public Law No. 280, 67 Stat. 588 (1953).
Korsmo, A.C.J.
FACTS
¶2 Mr. Yallup was observed on September 8, 2007, driving his car off the road and…
2Cases cited17 opinions
- California v. Cabazon Band of Mission IndiansSupreme Court of the United States · 1987
- Bryan v. Itasca CountySupreme Court of the United States · 1976
- Minnesota v. Mille Lacs Band of Chippewa IndiansSupreme Court of the United States · 1999
- State v. MooreWashington Supreme Court · 1971
- Confederated Tribes of the Colville Reservation Lawrence Fry v. State of Washington Washington State Patrol George B. TellivekCourt of Appeals for the Ninth Circuit · 1991
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