Gonzales v. Department of Licensing

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where the arresting officer gave all the required warnings, but they contained additional language which, under certain circumstances was inaccurate, the driver must demonstrate that he was actually prejudiced by the inaccurate warnings
• explaining that a showing of prejudice is not required for criminal cases when the misinformation concerns a statutorily-required warning, but that a showing of prejudice is required for civil matters when the misinformation concerns not-required information
• accurate warnings mandated by the implied consent statute “must be given in order to afford the driver the opportunity to make a knowing and intelligent decision.”
• accurate warnings mandated by the implied consent statute \must be given in order to afford the driver the opportunity to make a knowing and intelligent decision.\
• civil action; dicta that no prejudice necessarily required in criminal case \where the officer omits an entire portion ofthe statutorily mandated warning\
• where the arresting officer gave all the required implied consent warnings, but they contained additional language which, under certain circumstances was inaccurate, the driver must demonstrate that he was actually prejudiced by the inaccurate warnings

Source: CourtListener parenthetical corpus (CC0).