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Member |
Looking for case law supporting blood draw without a warrant in a single vehicle accident where only the driver was injured. Anyone able to point any out? | ||
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Member |
Our Implied Consent statute bars it. See Transportation Code 724.013. Since this situation is not covered by 724.012 (b) (( what we call Mandatory Blood Draw)), the statute bars taking a sample without consent or a warrant. While you might well be able to argue exigent circumstance even after McNeely, you have a statutory bar. Sorry. | |||
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Member |
Unless the driver was unconscious and could therefore not refuse the draw, is that correct Clay? | |||
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Member |
100% correct, nice catch. That is why prosecution is a team sport. | |||
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Member |
Did the driver receive medical treatment at a hospital after the accident? Frequently hospitals will do a blood test in order to establish a baseline for treatment. | |||
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