KANSAS CITY, Mo. — A fatal vehicular incident on I-70 in Independence that killed a Missouri Motorist Assist operator raises a controversial issue with regards to blood alcohol testing.
The operator, Clifton Scott, was fatally struck early Friday morning by a suspected drunk driver, David Murdick, 35, on I-70. Scott was providing assistance on an accident that occurred previously.
I took almost four hours before Murdick was tested for his blood alcohol level because the police were on the process of getting a warrant. Even after four hours, Murdick’s blood result level came out to be still more than twice the legal limit.
Murdick’s blood alcohol level immediately after the crash will never be known.
This incident raises an issue about the importance of obtaining a warrant before being able to perform blood alcohol tests.
Although current Missouri law indicates that the police do not need a judge’s permit to take blood test provided that a delay will result in a threat to life of destruction of potential evidence, defense Colt DeVries says that the constitutional rights of a citizen must be respected if there are no urgent circumstances.
Arguments with regards to the issue will be heard in January by the Missouri Supreme Court.
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Link to the article:
Missouri Supreme Court to Decide on Police Blood Tests