The Law Office of Anne F. Borghetti, State and Federal Criminal Defense Lawyer

  Federal Criminal Lawyer Anne F. Borghetti  

Blood Test Thrown Out by Supreme Court

2013-04-19

After speeding and crossing the center line, Missouri police stopped Tyler McNeely. After declining a breath test he was arrested and transported to a hospital where he refused to a blood test. The officer instructed a lab tech to take the sample. After the BAC tested above the legal limit, McNeely was charged with Driving While Intoxicated (DWI).

McNeely’s representation moved to suppress arguing the officer never attempted to secure a warrant. The State Supreme Court affirmed. This week the Supreme Court affirmed in a 5-4 decision in favor of McNeely. The opinion by Justice Sotomayor opined on Parts I, II-A, II-B, and IV. It is important to note that none of the Court’s four opinions state that that in every case must police officers obtain a warrant. This creates a case-by-case review and suggests that a warrant is prudent. This also makes it more important than ever that anyone under investigation for impaired driving consult immediately with legal council.

If you are in need of legal consultation, contact us immediately at (727) 502-0300 for a free 30 minute consultation.

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© 2014 Anne F. Borghetti, PA

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St Petersburg Clearwater Criminal Defense Lawyer Anne Borghetti

Phone: 727.502.0300

12211 49th St N, Suite 1
Clearwater, FL 33762

13055 W Linebaugh Ave
Tampa, FL 33626
(By Appointment Only)

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813-363-4055

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