21Jul 2020

New Jersey Man Has Blood Drawn Twice, First Without Consent, Second With, Are Both Illegal?

A New Jersey man was recently involved in a crash that resulted in the death of the driver of the car he hit. After the man under arrest was taken to the hospital, the arresting officer ordered a drug screening blood test, without the consent of the individual.

After a brief period of time, a second officer arrived at the hospital 
and heard that the arresting officer had requested a blood draw without 
the consent of the suspect. Concerned that the blood draw might be 
considered illegal and inadmissible, the second officer got a warrant 
and properly executed a second blood draw of the suspect.

Both of the blood draws generated test results that indicated the suspect was indeed under the influence of at least two substances (alcohol and marijuana). He was convicted of vehicular homicide. After his conviction his attorneys filed an appeal, stating that since the first blood draw was obtained without consent, it invalidated all subsequent blood draws. The courts disagreed. They did throw out the results of the first, improperly obtained blood draw, but allowed the second to stand as the procedure was followed correctly.

If you live in Burlington, Essex, Colchester, Winooski, Williston, 
Shelburne or anywhere in the state of Vermont, and have been arrested or 
charged with DUI or any crime, call Handy Law for aggressive and 
experienced legal defense.