DUI- Blood Taken May Be
Barred
DUI
Update
BLOOD
TAKEN AT HOSPITAL MAY BE BARRED AS EVIDENCE IN DUI MATTERS
The
United States Supreme Court said, in Missouri v. McNeely, No. 11-1425, on April
17 that as a general rule, police must obtain a search warrant or consent in
order to extract blood from a driver to test for alcohol.
NJ
DUI Attorney, Blood draw illegal
This
has long been an issue and finally peoples personal rights are be
considered. An individual need not agree
to allowing his blood be taken unless there is a court order.
Defense
lawyers say they expect to file more suppression motions as a result of a
recent, favorable U.S. Supreme Court ruling on drunken driving.
Previously
the New Jersey Courts felt that the fact that the passage of time would cause a
drop in blood-alcohol levels was deemed a sufficient exigency to justify an
exception to the Fourth Amendment requirement for a Warrant. Now New Jersey must adhere to the rights of
the people.
While
in the McNeelycase the drop in Alcohol levels may support an emergent
circumstance in that particular case. It
does not do so as a matter of rule..
Judges
must hear the evidence and decide on a case by case, based on the totality of
the circumstances. This will make it a harder decision for police to make and
may even subject Police and Police agencies to law suits for violations of and
persons rights.
To
date New Jersey courts have allowed police to require blood testing so long as
it is not taken by force. This new decision of the Supreme Court will require
Police to obtain a consent waiver or a Warrant. .
Lawyers
must now deal with questions raised bythis case including if the n
ew
case law will be applied retro actively. Defense Attorney Britt J. Simon says
that there is “no reason that the Supreme Court decision shouldn’t apply to ALL
case, new and old”.
Simon
went on to say that many people convicted of DUI inNew Jersey may have the
opportunity to have their case overturned and potentially get a dismissal of
all the DUI charges.
Another
issue raised by McNeely is the warning police will likely have to give in
seeking consent to a blood test, similar to when they seek consent to search a
vehicle.
The
big question will be, will the New Jersey Courts make getting a Warrant an easy
task? Simon says that the idea of
making the State intrude into an individual’s body for the purpose of
extracting ones blood is troubling. The
idea that a Police officer can make a determination, not for the health or
wellbeing of the individual, to pierce a needle through the body and into the
veins of another should be guarded against.
The assault of a person by the State with the sole purpose of obtaining
evidence to use against them is disturbing.
Call
today to speak with a NJ DUI Attorney about your NJ DUI Arrest. 800-709-1131
Your leading New Jersey DUI, DWI, Criminal, and
Bankruptcy Attorneys.
We can help you with NJ DUI, NJ DWI, NJ
Criminal, NJ Bankruptcy, NJ Social Security Disability, NJ Real Estate, NJ
Personal Injury, NJ Lemon Law, NJ Workers' Compensation, NJ Family Law, NJ Civil
Disputes, NJ Divorce, NJ Custody Issue, NJ Child Support, NJ Foreclosure, NJ
Tax Appeals, NJ Wills & Estates, NJ Traffic, NJ Tickets, and NJ Drunk
Driving.
Simon Law Group
40 West High Street Somerville, NJ 08876
Ph: 800-709-1131
Fax: 800-709-1141
info@simonattorneys.com
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