No comments posted. Jun 13, 2008
Charges filed in the June 5 incident against Swindle include driving under influence, resisting arrest, violation of implied consent, and vandalism. A Sessions Court date of 7/09 was scheduled and bond was set at 4,000. (Lafayette Macon County Times, TN)
13th Judicial District indictments May 20, 2008
According to the indictment, on or about March 5, Hernandez operated a motor vehicle while under the influence of an intoxicating liquor or a drug to a degree that he was incapable of safely driving a vehicle and he refused to submit to chemical testing as provided in the Implied Consent Act ... According to the indictment, on or about May 4, Voight operated a motor vehicle while under the influence of an intoxicating liquor or a drug to a degree that he was incapable of safely driving a vehicle... (Rio Rancho Observer, NM)
Professor warned for revealing student's details May 15, 2008
"The academic may have assumed that the student knew about the letter and had given implied consent to a reply," she said. Under the Data Protection Act, a university may tell parents about their children's attendance although students must be made aware of the disclosures and have the right to object. (Guardian Unlimited -- UK)
Bell accused of privacy invasion May 13, 2008
" CIPPIC said Bell has not disclosed its packet-inspection methods in its terms of service, privacy statement, code of fair information practices or frequently asked questions. "Consent is only meaningful when affected individuals understand what they are consenting to," Lawson wrote. "If Bell is relying on its published policies as set out above to inform its customers and obtain their implied consent to its use of DPI for traffic management purposes, we submit that it has not met the standard... (CBC.ca)
UCL researchers publish evaluation of NHS Summary Care Record system May 9, 2008
This raises important questions about the ethics of an implied consent model for creating the SCR. The evaluation recommended that the developers of the SCR should consider a model in which the patient is asked for consent to view whenever a member of staff wishes to access their record. Not a single patient interviewed in the evaluation was confident that the SCR would be 100 per cent secure, but they were philosophical about the risks of security breaches. (PublicTechnology.net)
Former Titans wideout Calico faces DUI charge May 2, 2008
Calico was arrested just before 3 a.m. on Feb. 20 and charged with drunken driving and implied consent. Police said Calico weaved over the center line before they pulled him over. (SportsIllustrated.CNN -- NFL)
tp_bulkViewer.add("itemnumcomments","id=doc47fc1728e578a774781360.txt"); Apr 9, 2008
Credit union's auto sales business in limbo. BY MICHAEL BURKEJournal Times. (Racine Journal Times, WI)
Credit union's auto sales business in limbo Apr 9, 2008
BY MICHAEL BURKEJournal Times. Wednesday, April 9, 2008 7:52 AM CDT. (Racine Journal Times, WI)
12 comments Apr 5, 2008
Right now, the Court unconstitutionally amends the Constitution only with the implied consent of Congress and the President. That consent is implied by the failure of the Congress to enact countervailing, Constitutional legislation removing the federal Courts jurisdiction over it pursuant to Article III, Section 2. (Human Events Online)
Woman wants a dollar to blow in breathalyzer Apr 3, 2008
The officer arrested Garcia and read her the Implied Consent Act. According to the police report, Garcia said: I m not taking any of your tests. (Rio Rancho Observer, NM)
City police top state in DUI arrests Mar 23, 2008
The Alabama Department of Forensic Sciences Implied Consent Unit compiles the statistics based on the number of tests run by each agency ... Officers Michael T. Johnson, Hank Perry, Michael Powell, Tim Wallace and Kevin Lawson had the most DUI arrests in the state, according to the Implied Consent Unit's numbers. (AL.com)
Booklet Of Special Columns Is Most Definitely A 'Keeper' - 3/19/2008 Mar 19, 2008
However, because you have failed to draw the line, you have given your wife implied consent. Unless you're ready to stand on your hind legs and demand to be treated better than the four-legged members of your household, you'll have to move a little closer to the edge of the bed and have your vehicle checked before you embark on your 1,200-mile trip. (FOX23.com, OK)
Phorm 'illegal' says policy group Mar 18, 2008
A spokesman for BT told BBC News: "Provided the customer has consented, we consider that there will generally be an implied consent from website owners. "Secure and password-protection content will not be scanned, profiled or stored. " Kent Ertugrul, chief executive, of Phorm, said the company was "very, very comforable" that the firm was not breaching any laws. 'Web crawling' "With regards to a website that is published openly and fairly, we are not breaching any laws in using information that... (BBC News -- Technology)
Internet policy think tank believes Phorm is 'illegal' in UK Mar 18, 2008
"Provided the customer has consented, we consider that there will generally be an implied consent from website owners. Secure and password-protection content will not be scanned, profiled or stored.". BT spokesperson. (thinkbroadband.com)
13th Judicial District grand jury indictments Mar 18, 2008
On or about Feb. 1, Chavez operated a motor vehicle while under the influence of intoxicating liquor or any drug to a degree that he was incapable of safely driving a vehicle and refused to submit to chemical testing as provided in the Implied Consent Act. Chavez also drove a vehicle on a public highway at a time when his privilege to do so was revoked or suspended. (Rio Rancho Observer, NM)
Police continue to investigate fatal Old Town shooting (5779) Mar 15, 2008
when you got your license to drive, which is a privelege, you signed your contract for your license with an "implied consent" stipulation ... An officer invloved in a shooting did not sign a contract for "implied consent" simply for carrying a firearm. (North County Times)
Preds' Legwand pleads guilty to reckless driving Mar 15, 2008
Legwand was arrested in February and charged with driving under the influence and violating the state's implied consent law for refusing a blood-alcohol test. Attorney Roger May said Thursday that Legwand was also given six months probation and a $350 fine. (ESPN -- NHL)
North Alabama Judge Arrested on DUI Charges Mar 8, 2008
Smith failed a field sobriety test and was charged with driving under the influence and an implied consent violation ... If they refuse, they can be charged with an implied consent violation. (WSJA.com, AL)
Second DUI arrest for Lake County Commissioner Mike Hutchin Feb 16, 2008
The weather was too bad for officers to perform a field sobriety test on Hutchin, but they said he agreed to provide a breath sample after reading him the Preliminary Montana Implied Consent Advisory. The arrest report states that Hutchin's breath sample revealed a blood alcohol content of 0. (Missoulian, MT)
Police Beat: Feb. 12, 2008 Feb 12, 2008
After being read the Implied Consent Warning, Mercer refused to submit to a chemical test of her breath. Mercer then exhibited signs of passing out and did not respond verbally. (Wasilla Frontiersman, AK)
Carthage Road wreck sends two men to hospitals Tuesday morning Jan 16, 2008
He was charged with DUI, Violation of the Implied Consent Law, and leaving the scene of an accident. Last week, a mother and her son spent the night in the cold after their car wrecked on the Jennings Creek Road. (Lafayette Macon County Times, TN)
P&Z Recommends Annexation to City Jan 5, 2008
Because the annexation is considered a Type A annexation property owners have given their implied consent to being annexed by being connected to city utility services another hearing will not be required. The City Council could simply vote to accept the P&Z's recommendation and move forward to adopt an annexation ordinance and zone the property, according to City Clerk Taci Stoddard. (Rexburg Standard Journal, ID)
Jan. 1 Record Jan 1, 2008
Dec. 30: An officer invoked implied consent for a driver who refused to provide a bodily specimen for chemical testing at Mortensen Road and Pinon Drive. Dec. 30: A staff member reported several vehicles left the parking ramp without paying for services. (Ames Daily Tribune, IA)
Godbys establish tradition Dec 26, 2007
Although he officially remained with the Georgia State Patrol until his retirement in June 1996, he did not return to road patrol work, but was assigned to detached duty with the Georgia Bureau of Investigation's crime lab as implied consent supervisor, working with the breathalyzer equipment. He also taught in the Police Academy and Training Center during this time. (Bainbridge Post Searchlight, GA)
Police Beat: Dec. 25, 2007 Dec 25, 2007
Arts was arrested for driving under the influence and then read the Implied Consent Warning. Arts then refused to submit to the chemical breath test. (Wasilla Frontiersman, AK)
Wrecks east side, west side... Dec 12, 2007
RBS Police charged Marcos Nucamend with DUI, reckless endangerment, violation of Implied Consent and Insurance laws, Driving on Suspended License second offense and possession of a weapon. Earlier Monday evening, a Chevrolet pickup driven by Clay York, Floyd Gregory Road, Westmoreland, apparently hydroplaned on standing water near a wooden bridge on Trammell Creek Road, lost control and went off into the creek bed. (Lafayette Macon County Times, TN)
DWI charge filed against Graham Nov 24, 2007
kc911foryou wrote on Nov 23, 2007 7:57 PM:" I'm glad to see that law enforcement officers are doing their job no matter what title is attached to the accused offender. What makes me curious is why it took the prosecutor a month to file the charge? Was someone even considering a deferred prosecution? Nolle Pros? Or was it the squabble over the urine sample? Now THAT might actually be a legitmate reason. Two laws, HIPPA (federal), and state law of implied consent and medical personnel obtaining a... (Jefferson City News Tribune, MO)
SJSU Baseball: New Season and New Team Nov 15, 2007
A big (6'6") kid who overpowered a few batters. A keeper. All these kids are battling for playing time and Coach Piraro was watching. So, this wasn't just a practice with nothing riding. More to come. . . soon! The unauthorized reproduction of all intellectual property on this site is prohibited. There is no implied consent, and you must have expressed, and prior written consent to republish our articles in part or in whole. Copyright 2007-08 SpartanThunder.com Story Tools MAGAZINE COVERAGE... (SpartanThunder.com)
Grand Jury indicts 24, including two for attempt murder and one for aggravated sexual battery Nov 8, 2007
Teddy Doyle Craig was indicted on the charges of possession of a controlled substance, habitual motor offender, driving under the influence of an intoxicant or drug and violation of the implied consent law. Shane Keith Cook was indicted on the charges of unlawful carrying or possession of a weapon, theft of property and unlawful drug paraphernalia uses and activities. (Camden Chronicle, TN)
Victim in head-on crash to sue other driver Nov 1, 2007
Jim Robinson of the Ames Police Department said the investigation into the accident is still continuing, and more charges may result from an implied consent blood test taken at the scene. The results of that test are pending. (Ames Daily Tribune, IA)
Out-of-hours doctors first to use NHS database Oct 25, 2007
A survey found most patients were aware of the letter and were not unhappy that they had been viewed as giving "implied consent". The primary care trust has already uploaded records at eight of Bolton's 57 GP practices. (Guardian Unlimited)
OWIs remain steady in Boone and throughout the county Oct 13, 2007
Iowa's implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath, and/or urine test performed to determine alcohol level or presence of drugs whenever a peace officer has reasonable grounds to believe the person is operating under the influence. CRIMINAL PENALTIES FOR OWI * First Offense: A serious misdemeanor, punishable by up to one year in jail and a $1,000 fine, or both. (Boone Today, IA)
SJSU Vs UCD- Be There When Thunder Strikes! Sep 26, 2007
There is no implied consent, and you must have expressed, and prior written consent to republish our articles in part or in whole. Copyright 2006-07 SpartanThunder. (SpartanThunder.com)
Goodell won't stand pat Sep 18, 2007
"BILLS' EVERETT IMPROVING: Kevin Everett is showing some movement in both hands and greater strength in his leg muscles, further positive signs for the Buffalo Bills tight end following a life-threatening spinal-cord injury."Kevin Everett remains medically stable in the intensive care unit, and continues to make daily improvement in his neurological status," Bills doctor John Marzo said Monday in a statement released by the team.Marzo provided his evaluation after the player was examined Sunday... (News & Observer -- Sports)
NFL Notebook: Billick says Jets used 'illegal' calls in game Sep 18, 2007
Also, assistant coach Chuck Cecil was arrested and charged with drunken driving and violating Tennessee's implied consent law by refusing a blood alcohol test Saturday night. Broncos. (Pittsburgh Post-Gazette, PA -- Sports)
Titans assistant arrested before loss to Indy Sep 18, 2007
(AP) -- Titans assistant coach Chuck Cecil was arrested and charged with drunken driving and violating Tennessee's implied consent law by refusing a blood alcohol test the night before the team's 22-20 loss to Indianapolis ... Cole advised Cecil of the implied consent law before he refused a blood alcohol test. (SportsIllustrated.CNN -- NFL)
Now it's Jets accused of cheating, by Ravens' Billick Sep 18, 2007
The news wasn't as positive for the Titans on another front, as assistant coach Chuck Cecil was arrested and charged with drunken driving and violating Tennessee's implied consent law by refusing a blood alcohol test Saturday night. Metro Nashville police stopped Cecil, a former NFL safety and now the Titans' defensive backs coach, for driving 42 miles per hour in a 30-m. (Boston Globe -- Sports)
The census represents us Sep 12, 2007
They apply the principle of "implied consent" a principle well known to privacy experts. When completing their census forms, Americans are consenting to the present-day use of their information by the Census Bureau, and to its use by other researchers in the distant future. (Globe and Mail)
Lone Star Delivers Letter to Accredited's Board of Directors Proposing to Amend Tender Offer Aug 31, 2007
Nothing contained in this letter should be considered an express or implied consent or waiver with respect to any provision of the Merger Agreement or a waiver of any past or future breach of the Company's obligations and covenants under the Merger Agreement. We expressly reserve all rights, claims, causes of action and prerogatives under the Merger Agreement and applicable law. (PR Newswire)
Crime Report for 8/3-8/4 Aug 7, 2007
Bennie Williams, 47, 312 Stephen St., suspended license (implied consent), no tag, released on bond. Carldearl Taylor, 18, 715 Broad St., attempted aggravated assault, jailed. (Greenwood Commonwealth, MS)
Marshall of the Indiana Pacers, another athlete arrested on I-69 ... Iraq War is Levin’s big issue, says aide ... Recall petition for Mayor Sessions not ‘clear’ enough ... Woman arrested at church may continue to attend ... ‘Verdict is not final until the judge accepts it’ ... July 13 fire started from towing of derelict car requires further attention from BFD firefighters ... 100-year-old Miller to serve as co-marshal of Orland, Ind.’s Vermont Settlement Days ... Annual event to ‘March Through 100 Years’ with plethora of activities ... ';var marqueewidth="350px";var marqueeheight="20px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Thursday, July 26, 2007 Marshall of the Indiana Pacers, another athlete arrested on I-69 Jul 26, 2007
According to information on the ticket, Marshall admitted he had been smoking and was taken to the Community Health Center of Branch County for a blood draw, under the Michigan driver license implied consent law. For more of this story please. (Coldwater Daily Reporter, MI)
Grand Jury returns true bill on sex crimes Jun 28, 2007
Jon Anthony Solberg, 27, 4540 Sulpher Creek Road, Big Sandy, was indicted on the charges of driving under the influence of an intoxicant or drug, violation of the implied consent law, leaving the scene of an accident involving damage to vehicle, two counts of theft of property, unlawful drug paraphernalia uses and activities, promotion of meth manufacture, drug-free school zone (enhanced penalties for violation within zone) and aggravated burglary ... Gary Wayne Moore, 464 Kandala Cove,... (Camden Chronicle, TN)
EDITORIAL: July 4 safety Jun 26, 2007
- In addition, Mississippi's Department of Wildlife, Fisheries and Parks' officers can issue tickets for Boating Under the Influence, the equivalent of a DUI. Operating a boat on public waters gives officers implied consent to stop boaters for probable cause or for safety inspections. Alcohol law violations on water can mean additional charges by dry counties like Tishomingo, Prentiss and Itawamba, for illegal possession. (Northeast Mississippi Daily Journal)
Halford announces candidacy for Sheriff Jun 21, 2007
He currently holds certifications by the Mississippi Law Enforcement Training Academy in Traffic Enforcement, Accident Investigation, Implied Consent as relates to alcohol in traffic offenses, Criminal Investigation, Constitutional Law, Homicide Investigation, Crime Scene Investigation, Proper Documentation Skills, and Traveling Criminal Apprehension which focuses on the identification and apprehension of wanted felons. In addition, he holds certifications by the Mississippi Crime Lab in... (Choctaw Plaindealer, MS)
High-court ruling may set stage for more antiunion battles Jun 15, 2007
At issue was whether the state could require the union to obtain explicit permission from some 3,000 nonunion members rather than the implied consent obtained under the union's preferred opt-out procedure. The law at the center of the case has since been rewritten, eliminating the provision that required affirmative agreement. (Christian Science Monitor -- USA)
Police: Man fails sobriety test after crashing his car Jun 12, 2007
He was charged with failure to drive a reasonable distance apart, operation without minimum insurance, driving under the influence and implied consent refusal. To contact James Tinley, call him at (860) 347-3331, Ext. (Middletown Press, CT)
Boaters prep their vessels May 25, 2007
Ball said Mississippi's boating-under-the-influence law includes implied consent for anybody operating a boat on public waters. "If our officer has probable cause, he or she can conduct a Breathalyzer test, and the law is 0.10 (percent blood-alcohol content)," he said. (The Clarion-Ledger)
Mandatory blood tests praised May 21, 2007
Law Prof wrote on May 20, 2007 7:25 PM:" In re: John. You are certainly correct that the state legislature can provide more protection to our citizens than the Federal Constitution provides. And you are also correct that implied consent was not a part of the Schmerber decision. As to your public policy argument, how in the world does adding another hoop to the process of withdrawing blood constitute streamlining? It complicates the process rather than simplifying it. By adding the additional... (Rapid City Journal, SD)
State attorney involved in fatal crash May 8, 2007
The attorney for the Indiana State Department of Health is accused of violating the state's implied consent law by refusing a police request to submit to a breathalyzer test at the scene of the crash. "One of the officers actually quoted the man in the report as hoping the other person had insurance to cover the damages he felt were caused to his vehicle," said Metro Police Sgt. Paul Thompson. (FOX59, IN)
The constitutional debate on the death penalty May 4, 2007
Thus, by "knowingly" killing others and being aware that their action entails capital punishment, they have given "implied consent" to be punished with the death penalty. There are also a number of non-legal arguments which support the death penalty, especially when it comes to "the most serious crime". (Jakarta Post, Indonesia -- Editorial)
Should I have called police? Apr 18, 2007
The difference in your example and what is happening on a national scale is that we have given illegal immigrants implied consent over the last 60+ years ... If I let that person stay and take advantage of their labor then I have given my implied consent for them to be there. (Atlanta Journal-Constitution)
Campus Crime Log Mar 29, 2007
The Implied Consent Form was completed and signed prior to the test. March 24, 2007. (The University Echo, TN)
Legislative Hearings SchedulePosted on March 21 Mar 22, 2007
SB282, Lind, revise law on implied consent for recording of conversations. SB294, Harrington, clarify state agency guardianship responsibilities. (Missoulian, MT)
Enid man arrested on marijuana charge Mar 1, 2007
Schank answered yes to being read an implied consent test request. Before taking him to Share Medical Center in Alva for the blood test, Schank was also read his Miranda rights. (Alva Review Courier, OK)
DUI suspect charged with assault on EMT, corrections officer, and deputy injured Feb 28, 2007
Roger Dale Gregory, of West Stinson Rd., was charged with driving under the influence, evading arrest, violation of implied consent law, fleeing in a motor vehicle, assault, and aggravated assault, following a series of incidents that began approximately 8:30 p.m. Thursday February 22. Macon County EMS notified the Sheriff's Department of a call they received reporting a man passed out in his truck on Tooley Branch Road. (Lafayette Macon County Times, TN)
Man jailed 16 years for sex assaults Feb 23, 2007
The highest court threw out Ewanchuk's defence of implied consent and changed the country's sex assault law to put the onus on the initiator of sex to obtain consent. Ewanchuk was convicted in November 2005 in the latest case involving the 8-year-old, but sentencing was delayed while the Crown argued he should be declared a dangerous offender and jailed indefinitely. (Toronto Star)
More of this story Feb 23, 2007
Feb. 8 - 31-year-old Millington man charged with driving under the influence, reckless driving and violation of implied consent law; 69-year-old Mission Viejo, Calif ... Feb. 9 - 25-year-old Millington man charged with possession of controlled substance with intent to manufacture/deliver/sell (1 gram of marijuana); 23-year-old Millington man charged with possession of controlled substance with intent to manufacture/deliver/sell; 22-year-old Munford man charged with possession of controlled... (Millington Star, TN)
Grand Jury indicts 31, including two for rape Feb 15, 2007
Danny Brent Charlton was indicted on charges of driving under the influence of an intoxicant or drug, violation of the implied consent law, resisting arrest and failure to comply with the financial responsibility law. Copyright 1998-2007. (Camden Chronicle, TN)
Judge's ruling jails man indefinitely Jan 27, 2007
The Supreme Court threw out Ewanchuk's defence of implied consent and changed the sex assault law to put the onus on the initiator of sex to obtain consent. (pdf). (Hamilton Spectator)
Judge: Paternal Duties Apply to Child Born of Artificial Insemination Jan 24, 2007
" "Defendant's actions, vacillating though they may have been, implied consent to the artificial insemination and his wife testified credibly that he actually did consent," Justice Peckham wrote. "Since Alyssa was conceived and born during the parties' marriage by an agreed upon insemination the court holds the evidence is clear and convincing that she is the legitimate child of both plaintiff and defendant. " In addition, Mr. G. was equitably estopped from denying responsibility for Alyssa,... (Law.com)
Former judge charged with DWI: Ex-prosecutor also accused of speeding, refusing chemical tests Jan 17, 2007
Under Arkansas law, when a driver signs the driver s license, it gives implied consent the person will submit to blood or breath tests. If the driver refuses to take the breath or chemical tests, the officer can make an arrest on DWI charges based on their driving and actions at the time of the traffic stop. (Texarkana Gazette, TX)
Free-speech dispute over union fees Jan 10, 2007
In contrast, the union's current system relies on implied consent. Twice a year, the WEA mails a packet of information to nonmembers telling them they have a right to object to the use of their fees for politics. (Christian Science Monitor)
