State v. Reynolds

by
Defendant was charged with two counts of vehicular homicide and other crimes arising from a single-vehicle accident that killed two occupants of the vehicle. Defendant filed a motion to suppress any evidence derived from a blood sample obtained from her without a warrant the night of the accident. The trial court denied the motion to suppress, concluding that Defendant had orally consented to the blood draw. Defendant then filed a second motion to suppress. The trial court granted Defendant’s second motion to suppress, concluding that Defendant had not actually consented to the blood draw and that the police lacked reasonable grounds to believe Defendant was driving under the influence, which was required under the implied consent statute to justify the warrantless blood draw. The Court of Criminal Appeals reversed. The Supreme Court affirmed, holding that the police had probable cause to believe that Defendant was driving while intoxicated at the time of the accident, and thus, the implied consent statute was triggered. View "State v. Reynolds" on Justia Law