alcohol

FROM National Motorists Association https://www.motorists.org Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country. This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions. TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving. The US Supreme Court (SCOTUS) Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest. Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent? Federal Appeals Court Cases Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road