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Implied consent is inferred from actions or lack of action and applies to driving laws, business operations, and civil disputes. Drivers give implied consent to abide by drink driving laws and provide samples if stopped by police. Companies give implied consent by operating in a specific region. In legal matters, silence implies consent and may result in losing the right to appeal. Consult a lawyer for effective representation.
Implied consent is different from consent given directly, in writing or verbally. The term refers to the consent that is inferred, given a person’s actions or even lack of action. This legal concept applies to people who drive on the roads, as well as companies that choose to operate in jurisdictions other than where they were founded. It also applies to civil disputes.
When someone chooses to go through the process of obtaining a driver’s license and then drives a motor vehicle on the highway, implied consent comes into play. By getting behind the wheel and starting the engine, the driver is giving his or her implied consent to abide by the drink driving laws of the jurisdiction. He or she is actually agreeing to undergo a field sobriety test or a Breathalyzer® test if stopped by a police officer on suspicion of driving under the influence.
The driver is also giving implied consent to provide a blood or urine sample if asked to do so when stopped by police. The test results are then used as evidence to prove that the driver was driving under the influence of alcohol or drugs. Failure to provide a breath, blood or urine sample when requested can mean that an individual’s driving license is automatically suspended. This penalty is imposed regardless of whether they are charged and found guilty of a crime or not.
Implied consent is also a factor when a company begins operations in a state, province, or country other than where it was originally founded. By conducting business in a specific region, the company is giving its implied consent to comply with the laws of that jurisdiction. Simply creating a business presence in the area implies consent in this situation.
Implied consent comes into play in legal matters when one of the parties does not object when given the opportunity. Failure to act on his part implies consent, and that party to the dispute loses his right to launch an appeal based on that point of law later. In this type of legal situation, silence implies consent. For this reason, a person involved in a legal dispute should consult an experienced lawyer to ensure that his or her interests are effectively represented.
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