[Download] "State West Virginia v. Delmer Lee Cozart" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Delmer Lee Cozart
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 19, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1. The admission into evidence at a criminal trial of the fact that a defendant arrested for driving under the influence of alcohol refused to take a breathalyzer test offered to him does not violate the defendants right against self-incrimination guaranteed under the Fifth Amendment to the United States Constitution and Article III, Section 5 of the West Virginia Constitution. To the extent that State v. Adams, 162 W.Va. 150, 247 S.E.2d 475 (1978), excludes such evidence on these constitutional grounds, it is overruled.
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