Suppressed Evidence unavailable for both DWI and Refusal – State v. Badessa

In today’s Supreme Court decision in State v. Badessa, a unanimous Court ruled that evidence of intoxicated operation of a motor vehicle that was suppressed as a result of constitutional violations is not available to the State in a subsequent refusal prosecution. The Justices reasoned that since intoxicated operation of a motor vehicle is an element of the refusal offense, the suppression of this evidence in the underlying dwi case makes it equally unavailable in a subsequent prosecution to prove the refusal charge.

Download a copy of State v. Badessa

View the video of the Badessa argument before the Supreme court here.

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