Criminal law: Hospital blood draw is admissible where urine or breath test impractical or impossible. Blood test admissible — Driving under influence — Evidence — Blood test — Trial court erred in finding that urine or breath test was not impractical or impossible for defendant who was transported to hospital following crash — Breath or urine test was impractical where defendant was bleeding profusely from his head and had swollen leg, officer was advised that defendant would be receiving CT scan, officer did not have Intoxilyzer with him and had never known a hospital to have one, and urine test would not have accurately detected defendant’s blood alcohol content — Trial court further erred in suppressing blood test results for failure to comply with requirements of implied consent law where law did not apply to defendant who voluntarily consented to blood draw
Legal Topics
Criminal law: Hospital blood draw is admissible where urine or breath test impractical or impossible. Blood test admissible — Driving under influence — Evidence — Blood test
Mar 23rd, 2021 in News by admin