Legal Opinion

District of Columbia v. McConnell

District of Columbia Court of Appeals

Decided July 18, 1983No. 81-1443PublishedCited by 15 opinions

1Opinion of the Court

YEAGLEY, Associate Judge, Retired:

An information filed on July 29, 1981, charged appellee with, inter alia, operating a motor vehicle while under the influence of intoxicating liquor. D.C.Code § 40-716(b) (1981). 1 The government appeals from the trial court’s order denying its pretrial motion to introduce evidence of appellee’s refusal to submit to a breathalyzer test following his arrest. 2 The trial court construed the pertinent statutory scheme as affording a defendant a right of refusal and quoted Stuart v. District of Columbia, 157 A.2d 294, 296 (D.C.Mun.App.1960) to the effect that “it…

2Cases cited26 opinions

  1. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. Will v. United StatesSupreme Court of the United States · 1967
  4. Arizona v. ManypennySupreme Court of the United States · 1981
  5. Carroll v. United StatesSupreme Court of the United States · 1957

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3Cited by15 opinions

  1. In re I.J.District of Columbia Court of Appeals · 2005
  2. Giles v. District of ColumbiaDistrict of Columbia Court of Appeals · 1988
  3. United States v. HammondDistrict of Columbia Court of Appeals · 1996
  4. Stevenson v. District of ColumbiaDistrict of Columbia Court of Appeals · 1989
  5. United States v. MosbyDistrict of Columbia Court of Appeals · 1985

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