Supreme Court of Colorado

The People of the State of Colorado v. Joshua Alex Smith — Martinez, J., Dissenting

June 6, 2011254 P.3d 1158

Summary

Justice Martinez dissented from the majority's interpretation of Colorado's express-consent and vehicular-assault statutes. The dissent would require an officer to request a driver's cooperation before ordering involuntary blood testing, and would affirm suppression because the officer ordered the blood draw without making that request. Justice Marquez joined the dissent.