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Mr. Gregory White
Mr. Gregory White, Master's Degree
Category: Writing Homework
Satisfied Customers: 5240
Experience:  M.A., M.S. Education / Educational Administration
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CLASS ASSIGNMENT HELP NEEDED On October 10, 2014, Richard

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CLASS ASSIGNMENT HELP NEEDED On October 10, 2014, Richard Cunningham drove into a ditch in Tuscadero County. A Portlandia state highway patrol officer arrived at the scene, believed Cunningham was intoxicated, and asked Cunningham to perform field sobriety tests, which he failed. Cunningham took a preliminary breath test, which revealed a .254 percent alcohol concentration, which is more than three times the legal limit in Portlandia. The officer placed Cunningham under arrest and read him the implied consent advisory as required by section 28-24-01 of the Portlandia Criminal Code, which requires, in pertinent part: " enforcement officer shall inform the individual charged that Portlandia law requires the individual to take the test to determine whether the individual is under the influence of alcohol or drugs" and "that refusal to take the test directed by the law enforcement officer is a crime punishable in the same manner as driving under the influence” Port. Crim. Code§ 28-24-03 (West 2012) Cunningham refused to consent to a chemical test. Cunningham was charged with refusal to submit to a chemical test in violation of Portlandia Crim. Code § 28-12-01, a class B misdemeanor. Cunningham moved to dismiss the criminal charge, contending Portlandia Crim. Code § 28-12-01,which criminalizes a refusal to submit to a chemical test, is unconstitutional under the Fourth Amendment and its state counterpart, Portlandia Const. art. I, § 5. On May 16, 2015, the 242nd district court of Tuscadero County concluded Cunningham's rights under these provisions were not violated by the criminal charge for refusing to consent to a chemical test. Cunningham conditionally pled guilty under Portlandia R. Crim. P. §14(a) (2), reserving his right to appeal the court's order denying his motion to dismiss. Cunningham appealed. On December 22, 2015, the 13th Court of Appeals upheld the conditional plea of guilt, noting that the criminal refusal statute satisfied the general reasonableness requirement of the Fourth Amendment; that the criminal refusal statute did not authorize a warrantless search. Richard Cunningham has approached us to file a petition for discretionary review with the Portlandia Supreme Court. You are to draft a ready to file petition for discretionary review, following the rules for the Portlandia Supreme Court. (Attached)
Submitted: 1 year ago.
Category: Writing Homework
Expert:  Mr. Gregory White replied 1 year ago.
Hello, my name is ***** ***** any other information you can send to see if I can assist on it this for you? If you have any documents you can upload, you can do so to or and share the link here with us.If I had a model and could provide that as a model (would have to check files to see if I have one), would that be sufficient or are you seeking a fully written new model document?