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Sanchez v. Alexis5/14/1982 ists of a risk of refusing to submit to the implied consent law without knowing the criminal consequences of doing so. He says the value of this advisement is to alert the individual that the refusal will be used against him in a court of law.
The problem with Sanchez' analysis is that, like the amendment itself, it relates solely to criminal proceedings and has no relevance to the administrative license suspension process. It is in the criminal proceeding where the question of the sanction arises for the failure to give the warning. Until there is an attempt to use his refusal "in a court of law," the "protected" interest is not in jeopardy.
The present proceeding relates solely to the administrative action suspending his driving privilege.
Judgment affirmed.
Disposition
Judgment affirmed.
Page 1 2 3 4 5 California DUI Attorneys
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