The defendant in an Ohio Vehicular Homicide/Vehicular Assault case filed a motion to suppress the results of his blood test. Blood test results may be suppressed for various reasons. In this case, the defendant argues the blood test did not comply with the requirements of the Ohio Revised Code and the Ohio Administrative Code.
The United States Supreme Court recently heard oral arguments in the case of Mitchell v. Wisconsin. As this blog discussed previously, this the third case in a series of cases dealing with whether the police can take a DUI/OVI suspect’s blood without a search warrant. The questions and statements from the bench during the oral argument may telegraph how each justice views the issue. However, in our experience, it is difficult to predict the outcome of a case based on the oral arguments.
Sometimes rules are not made to be broken. When it comes to cases of alleged driving under the influence, there are rules for drivers, and there are rules for the government. When a driver breaks the rules, there are consequences. There are also consequences when the government breaks the rules. When the broken rules relate to blood tests, the blood tests cannot be used as evidence.
Columbus OVI/DUI Attorney Blog