Judge Williams is a former appellate attorney. The Santa Clara County DA now raises the issue of retroactive application of McNeely and cited Davis v. United States as authority. I also know judge Williams has recently presided over a McNeely motion hearing this July. My question is has she ever heard and decided any McNeely Motions before? Or was the July McNeely motion hearing her first one? DUI DWI
Criminal Defense Attorney
You'd have better luck asking the Public Defender's office in that courthouse. They're going to know about more motions in front of a particular judge than anyone.
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DUI / DWI Attorney
This issue is fairly new and not many motions have been brought by defense counsel. Further, the issue is extremely fact specific.
DUI / DWI Attorney
Very interesting question. Retroactive application is being litigated by members of the California DUI Lawyers Association (CDLA) with mixed results. CDLA's position is that it is retroactive since the requirement for a medically approved and necessary blood draw pursuant to the 4th Amendment has been in effect for over 40 years since Schmerber was decided by the US Supreme Court. If the question is whether the judge has ruled on the issue before, the best person to talk to your attorney or public defender.