Some Judges Wary of New DUI Warrant Provisions: CST
A drunk driving-related law just passed — it doesn’t even go into force until July 1 — may already be in trouble, Jeremy Pelzer of the Casper Star Tribune finds.
Pelzer speaks with several judges who openly question the legality of the new law, which would require those stopped on suspicion of drunken driving to submit to an alcohol test after the officer, deputy or patrolman receives a warrant.
The difficult part is how the warrants are acquired. Typically, warrants are issued after a law enforcement official files a written affidavit, Pelzer reports. The Wyoming Constitution requires an affidavit, but it isn’t clear whether that sworn statement must be written and signed. The new law will allow law enforcement to get a warrant for the alcohol test via phone or other electronic means.
While at least two judges Pelzer spoke with expressed some uncertainty about the new law, Rep. Keith Gingery of Jackson blasted them for prejudging. Gingery is an assistant Teton County Attorney and the House Republican who first sponsored the legislation that became the new law.