Blood Sample Illegally Drawn?

The consequences of a DUI conviction can last months or even years afterward. That’s why it is so important that you fight your charges as well as you can. In order for a charge to stick it must follow the correct procedures.

A Fontana woman is fighting her charges. She was involved in an accident on the 60 Freeway last year that killed six people. According to police, she was driving at over 100 MPH and crashed head-on in the wrong lane. They also say that witnesses saw her drinking at a bar earlier that night.

The final piece of evidence that would seal the deal would be a BAC content that violates the DUI law. But the way they gathered that evidence may get it thrown out of court. She was taken to the hospital, unconscious, and could not consent to having a blood sample drawn. After laying unconscious for an hour at the hospital, police ordered medical staff to draw a sample for a BAC test. Medical personnel had to take samples in two different locations while the woman was unconscious before they could get a full one.

The lawyers for the accused believe that the officers are in violation of the Fourth and Fourteenth Amendments of the US Constitution, the state Constitution, and the state Penal Code because they did not get consent prior to drawing the blood.

Police procedures are there for a reason. They uphold the law for both the state and for the accused. When evidence is taken in ways that violate our legal principles, it must be thrown out.

Have you been accused of a DUI? If you live in the Los Angeles area, contact our law offices for a free consultation. We can help.

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