Blood Draw - Exigent Circumstances
A DWI defendant was involved in a fatal car accident. An officer directed a blood test at the hospital without obtaining a warrant, believing there was insufficient time to get a warrant. Defendant was air lifted to another hospital shortly after the blood test sample was obtained. The court finds that there was in fact exigent circumstances justifying obtaining a warrantless blood test.
Preliminary Breath Test Results
in a defendant's trial for second degree assault, evidence of the defendant's preliminary breath test results were admitted. The Court finds that since the preliminary breath test result was not obtained pursuant to any of the statutes authorizing law enforcement to require a preliminary breath test, the admissibility of the test was not restricted by those statutes and there was no error in the District Court admitting evidence of the test results at trial. In addition, there is no clear error in the Court ruling that the State could impeach defendant with ten prior convictions.