Welch v. Department of Motor Vehicles

How courts have described this case

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

• warning that driver \could\ lose his license rather than \would\ lose his license violated implied consent law
• warning that, upon refusal of alcohol test, driver could lose his license, rather than that driver would lose his license, failed to provide driver the opportunity of exercising an intelligent judgment under the implied consent statute
• warning that, upon refusal of alcohol test, driver could lose his license, rather than that driver would lose his license, failed to provide driver the opportunity of exercising an intelligent judgment under the implied consent statute
• warning the driver \could\ lose license if the Breathalyzer test is refused did not provide defendant opportunity to exercise intelligent judgment where revocation of license \would\ result
• warnings invalid where officer erroneously suggested license revocation was not mandatory
• \the opportunity to exercise intelligent judgment requires that the operator be advised of the mandatory effect of a refusal to be tested\

Source: CourtListener parenthetical corpus (CC0).