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Crminal Law

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Supreme Court case Missouri v. McNeely

On the night of October 3 2010 an Officer by the name of Mark Winder was on patrol that night when he noticed one car speeding and not able to stay in between the white lines. When he noticed this Officer Winder went ahead and proceeded to pull the driver over so that he can investigate on why the driver was driving like he was. In the event of the pull over he looked up the license plate and found out all the information on the driver which his name was Tyler G. McNeely and any background information that is brought up when he ran his name. The first thing that was noticed was the apparent look of intoxication such as bloodshot eyes, speech was slurred, and the smell of alcohol on his breath. The officer then started asking basic question which he found out that McNeely openly admitted that he did drink a couple of beers before he got behind the wheel of the car. When this was found out then Officer Winder asked the McNeely to get out of the car so that he can run series of test to see if he could pass them just to see if he was not over the limit as to what is legal. He failed though the series of test and at that time he was asked to take the breath test to see just what level of intoxication he was at but he refused to take the test. Officer Winder then placed him under arrest and was placed in the back of the police car to be transported to the station where he was asked again to take the breath test to only refuse it again. Officer Winder made the decision to transport McNeely to the local hospital so that blood work can be completed, but missed one thing in the process of it all which was to get a search warrant before the actions were complete. The law in Missouri though does state that if he did not submit to the blood test then he would loss his license for a year and there would be prosecution on him in the…...

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