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BENCH BLOG: Implied consent case shows need to update refusal-hearing statute

Judge Jean DiMotto retired in 2013 after
16 years on the Milwaukee County Circuit bench and now serves as a 
reserve judge. She also is of counsel with Nistler Law office SC. She can be reached at jeandimotto@gmail.com

Under the implied-consent law, is your consent to a blood test for alcohol “coerced” because it is a foregone conclusion that the threatened license revocation for refusing would be vacated at a refusal hearing? The Court of Appeals recently took up this question.

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Federal law and Trump’s ‘Mexican judge’ comments

Republican presidential candidate Donald Trump speaks during a campaign rally in Fairfield, Conn., on Saturday. Trumps’ comments about U.S. District Court Judge Gonzalo Curiel were out of line, but they do provide a chance to reflect on how principles should guide our relationships with the judicial branch. (AP Photo/Evan Vucci)

In an election year of equal opportunity hyperbole, presidential candidate Donald Trump’s comments in late May and early June about U.S. District Court Judge Gonzalo Curiel — suggesting that his “Mexican” heritage creates an “absolute conflict” precluding him from presiding over the Trump University class action suit — were certain to ignite strong feelings, fears and days of seemingly endless talking-head debates.

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