Topic: we restate the rule that, in montana, subsequent consent do… · Go Syfert
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Topic #1666

6 canonical passages across 6 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Hunter v. State.

#Case FlagCanonical passage Citers
1 Hunter v. State Anchor
mont · 1994
green “we restate the rule that, in montana, subsequent consent does not cure a prior refusal to submit to a blood alcohol test.” 3
2 State v. Moore
haw · 1980
green “we . . . decline to hold with a rule of law which would rigidly and unreasonably bind an arrested person to his first words spoken, no matter how quickly and under what circumstances those words are withdrawn.” 3
3 Standish v. Department of Revenue
kan · 1984
green “we believe that the administration of the test should be encouraged and the person arrested should be given every reasonable opportunity to submit to it.” 3
4 Department of Licensing v. Lax
wash · 1995
green “if a refusal can be withdrawn or negated, the drunk driver has a tool which could be used to manipulate the officer and gain extra time. . . . this individualized consideration may take time more profitably spent dealing with other, perhaps more urgent tasks.” 3
5 Schroeder v. State, Department of Motor Vehicles & Public Safety
nev · 1989
green “e reject contention that his eventual request to take a chemical sobriety test vitiated his prior refusals.” 3
6 Kentucky Bar Ass'n v. Goodman
ky · 1991
green “subsequent testing cure a violation of the statute, if it could, then delays in testing would increase so bloodstream alcohol levels could deteriorate, and accurate evidence samples could no longer be obtained.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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