A Search Warrant is not Essential to Obtain Blood Sample from DUI Suspects

The police must obtain a search warrant from a judge before ordering blood tests for DUI suspects, according to the latest ruling by the Texas Court of Criminal Appeals. The state laws had made several provisions under which a warrant would not be needed to get a blood sample from a suspect that refused to give one. This would be after the alcohol had diminished in his system lowering his guilt.

But the ruling from the highest criminal court overrules the state law, according to Dallas DUI attorneys. The ruling comes in the wake of a South Texas suspect who alleged his rights were violated after police took his blood sample without a warrant. What did he have to hide?

The Dallas County followed the practice of obtaining warrants when the drivers refused to give a blood sample, according to Dallas police Lt. Jose Garcia, while the Tarrant County also had sought warrants to draw blood according to Tarrant County prosecutor Richard Alpert.

Man arrested for DUI and manslaughter pleads not guilty

A man driving a 2002 Xterra was booked into Santa Ana jail after police stopped him for running over a pedestrian at north to south mid-block and outside of crosswalks in the area of 1100 W. MacArthur Blvd.  The unidentified pedestrian was declared dead by paramedics.

Now you are a murderer Reichstein III

The police said that Dallas Frank Reichstein III, the 45 year old man arrested, had symptoms of driving under the influence of alcohol. This was his second DUI conviction, and according to DUI attorneys, individuals convicted of DUI sign a release document acknowledging they can be charged with murder if they cause a death while driving under the influence.

Selsted has major issues now too

In another incident, Colin Michael Selsted, of Irvine, pleaded not guilty to manslaughter charges while driving under influence of alcohol, and could be jailed for 10 years if found guilty. The 27 year old was attending a party at a restaurant, and later left in his Volkswagen Golf GTI with a 23 year old woman, Devon Williams of Newport Beach.

The vehicle rolled down a hill and stopped when it hit a concrete wall, after he lost control of the VW before 11 pm at Shady Canyon Drive, east of Cloverfield. Williams was pronounced brain dead at Western Medical Center in Santa Ana and died the next day.

Senior Living Properties to pay up to $16 million in a negligence suit

Senior Living Properties has to pay up $16 million to the family of Samuel Dale Graham who was killed in 2013. His parents, wife, Sharla and their two children, had filed a negligence lawsuit against the nurse’s aide, Alisa Prueitt, after she crashed into the Graham family car on State Highway 36, north of Gatesville.

dui21 300x219 A Search Warrant is not Essential to Obtain Blood Sample from DUI Suspects
Alisa Prueitt

She was driving under the influence of alcohol while blood tests indicated a BAC level four times that of the legal limit. In the crash, Sharla was seriously injured, while the children sustained minor injuries. Is this money coming from the guests at Senior Living Properties? Prueitt was the one drunk but Senior Living Properties did put her back on the road. Even so, $16 million is a mighty sum.

On the day of the crash, the supervisors had sent Pruitt home because she was drunk and was staggering in the Hamilton Healthcare Center where she worked. They should have let her sit in an empty room until she sobered up or called the police on her right when she showed up drunk but a $16 million fine for this wreck is not logical. Hamilton Healthcare Center is one of the nursing homes owned by Senior Living Properties.


By | 1:43 pm | Categories: DUI News | 0 Comments

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