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California Courts of Appeal

Feb. 25, 2020

3rd District panel asks: ‘Does silence equal consent’

This seemingly philosophical question was at the heart of a years-old drunk driving case argued before the 3rd District Court of Appeal on Monday.

SACRAMENTO -- Does silence equal consent? This seemingly philosophical question was at the heart of a years-old drunk driving case argued before the 3rd District Court of Appeal on Monday.

Corrina Bodenmann was pulled over by a California Highway Patrol officer in Yolo County. She refused a Breathalyzer test, was arrested, and was subsequently found to be intoxicated through a blood test. Bodenmann did not ultimately resist the bloo...

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