Ortiz v. Commonwealth
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The Supreme Court reversed the decision of the circuit court denying a writ of prohibition seeking to prohibit enforcement of the district court's suppression order in this case, holding that the Commonwealth failed to show a great injustice and irreparable harm if its requested writ of prohibition was not granted.
At issue was whether the district court erred in suppressing a blood alcohol concentration (BAC) result collected from Defendant, a Spanish-speaking person suspected of driving under the influence of alcohol. Defendant filed a motion to suppress the BAC evidence, arguing that the arresting officer violated the implied consent statute. The Commonwealth subsequently petitioned for a writ of prohibition to prevent enforcement of the suppression order. The court of appeals granted the writ, determining that the statute did not require a suspect to understand the implied consent warning, but only that it must be read to the suspect. The Supreme Court reversed, holding that the Commonwealth did not meet the threshold requirements for the writ.
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