"I have never heard of an Implied Consent Form being denied by a court."
Judges shred them every day - not because the concept is vague, but because the semi-literate attorneys can't construct anything more complex than a lunch order. Perhaps you're thinking of Traffic Court?

An Implied Consent Form (like you get from the vending machine in the DMV) is the wet Kleenex of waivers, the absolute weakest protection, since the actual risk does not appear as specific language, instead "the subscribed Party releases everyone from anything"; hence, the term "implied". An easy visual "tell": it's notarized as an affidavit ("subscribed & sworn") rather than the proper language.

"Just because you get sued don't mean a thing."
Actually, that part isn't shown on your favorite TV show. It's where the insurance company pisses blood when they see that the Implied Consent Form they were relying on is based on a model recently deprecated in an Appellate Court decision, and offers a settlement. See, you don't have to actually win a decision to get money?

Not sure? Perhaps you might try reading "The New York Law Journal" instead of Tiger Beat, that's the paper of record for the New York State First Judicial Department. I had it delivered to my office every morning - as Court staff I got it free, it's only $480. a year to students.


Boffin Emeritus