crimnal
can a bal. be taken from an unconsious and incoherent criticaly injured person without consent and used as evidence in court in a nondamage single person accident who is the victim of a hit and run and the other driver is not identifide after fleeing the scene
2 Answers from Attorneys
Re: crimnal
well if it is a hit and run, then it is not a single vehicle accident - BUT to answer the question
- 42-4-1301.1(8) - any person who is dead or unconscious shall be tested to determine the alcohol or drug content of the person's blood . . .
- 42-4-1301.1(3)blood can be taken from a person involuntarily when police have probable cause that the person committed a crime against another person while driving (crim negl homicide, vehicular homicide, assault in the 3rd degree, vehicular assault)
Re: crimnal
Yes, though I find your description of a "single person accident" a mite curious in the same sentence as "the other driver."
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