ipl-logo

Jones And Farris Case Study

1446 Words6 Pages

Issue:
Can law enforcement use force (through hospital personnel) to collect blood from a DUI suspect? In reviewing the Jones and Farris cases, no law enforcement officer can physically force blood draw from a DUI suspect solely based on the IL Vehicle Code.
In the instance of injury or death of another, a nonconsensual blood draw can be done on the suspect according to the statute 5/11-501.6 Driver involvement in personal injury or fatal motor vehicle accident; chemical test. This law was recently found unconstitutional. In reviewing the new proposed law, it did not redact any part of the law but added a part to include acknowledgment in writing of the warning required under this section. I
However, if the situation does not result in serious …show more content…

Driver involvement in personal injury or fatal motor vehicle accident; chemical test.(a) Any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a personal injury or fatal motor vehicle accident, shall be deemed to have given consent to a breath test using a portable device as approved by the Department of State Police or to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds of such person's blood if arrested as evidenced by the issuance of a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code1 or a similar provision of a local ordinance, with the exception of equipment violations contained in Chapter 12 of this Code, or similar provisions of local ordinances. The test or tests shall be administered at the direction of the arresting officer . The law enforcement agency employing the officer shall designate which of the aforesaid tests shall be administered. A urine test may be administered even after a blood or breath test or both has been administered. Compliance with this Section does not relieve such person from the requirements of Section 11-501.1 of this Code.(b) Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section. In addition, if a driver of a vehicle is receiving medical treatment as a result of a motor vehicle accident, any physician licensed to practice medicine, licensed physician assistant, licensed advanced practice nurse, registered nurse or a phlebotomist acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol, other drug or drugs, or intoxicating compound or compounds, upon the specific request of a law

Show More
Related

State Police Vs. Sitz Case Study

76 Words | 1 Pages

In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the Court upheld a warrantless, suspicionless checkpoint designed to detect evidence of drunk driving. In that case, police checkpoints were set up, at which all drivers were stopped and briefly (approximately 25 seconds) observed for signs of intoxication. If such signs were found, the driver was detained for sobriety testing, and if the indication was that the driver was intoxicated, an arrest was

Read More

State Route 924 Case

315 Words | 2 Pages

Your affiant transported CONTI to the police station where a series of psychophysical divided attention tests were performed; some of which he was unable to successfully complete. The tests were performed inside the Shenandoah Police station on a flat, dry surface due to the weather conditions and snow covered roadways. I explained my findings to CONTI and requested him to submit to a chemical test of blood. CONTI related he recently ingested marijuana and indicated it would appear on the blood test. CONTI agreed to submit to the blood test and was transported to the Schuylkill Medical Center South Hospital where the blood sample was drawn from his right arm at approximately 1519 hours.

Read More

Keith Cook Murder Case

826 Words | 4 Pages

However, Cook, who was on probation for a past DUI should be accountable for his actions. He is not the primary cause of Jadine’s death. By the time Jadine reached the hospital, she had lost half the blood in her body. At that time, she made her final decision and refused a blood transfusion that would have saved her life. National Blood Authority chair Leigh McJames acknowledges, “There are medical situations in which a blood transfusion is the only option.

Read More

Arizona Revised Statutes And The Texas Penal Code

1022 Words | 5 Pages

The actus reus needed to prove DUI is under subsection A.1 of this statute which states that a person must have been driving or in physical control of a vehicle within two hours of drinking. However, there is not a specific mens rea associated with driving under the influence. Instead, an attendant circumstance of being intoxicated with a blood alcohol concentration of 0.08 or higher while driving or being in physical control are the elements needed to prove Driving Under the Influence. The causation of the crime of DUI is that the person was driving while intoxicated. Given the elements listed the State would have enough to prove the defendant guilty of DUI in

Read More

Arizona Dui Case Study

523 Words | 3 Pages

Taking a field sobriety test easily results in the officer explaining in court that you were unbalanced or slow. The test only serves to add information that police can use against you in court and won 't exonerate you if the officer thinks you 're

Read More

Client Background Of The Evie Knowle Incident

1142 Words | 5 Pages

Once they stopped the vehicle they could smell alcohol on EK and asked her to produce a roadside breath sample, which returned a failed reading. Due to the failed reading she was arrested and taken to the local police station to repeat the test. On the second test she once again failed with a reading of 90mg/100ml and she was charged under section 5 of the road traffic act 1988 – driving with excess alcohol. She granted bail pending a court hearing. Ravi Singh (RS) confirmed the police procedures were legally correct

Read More

D1 Legal Arguments

451 Words | 2 Pages

Driving while intoxicated or DWI as it is usually called is a serious offence hence punishable under law. If caught under the strict DWI law, one can face trail and undergo rigorous imprisonment and probably for this reason people booked under DWI law look for a qualified Fairfax VA DWI lawyer who can save them from the wrath of the court and social embarrassment. There could be no excuse for driving a vehicle when intoxicated and neither should the culprit give silly excused to the officers. Useless arguments with learned officers could further complicate the matter and make it difficult for even the most experienced attorney to save you.

Read More

R. V. Noway Case Study

612 Words | 3 Pages

S. 253 of the criminal law states (1) everyone commits an offence who operates a motor vehicle or… has the care or control of a motor vehicle, whether it is in motion or not, (a) while the person’s ability to operate the vehicle… is impaired by a drug... For greater certainty. The issue at hand is: Was Noway in care and control

Read More

Arturo Miranda Research Paper

515 Words | 3 Pages

The officer has no way to know for sure from just a field sobriety test. In most instances the police officer, telling you that the field sobriety test demonstrates that you have been drinking, will attempt to get you to confess to drinking and to how much you have had to drink. However, if you answer these questions and your Miranda Rights have not been read to you nor have you waived those rights then your confession is not admissible in court. Even if the addressing officer does use a breathalyzer test to determine if your BAC is over the limit, he still has to read your rights to you.

Read More

Paul Farrow Case Analysis

305 Words | 2 Pages

Paul Farrow is a dedicated employee with a tremendously strong work ethic whose hard work, dedication and conscientious efforts have paid off significantly for West Potomac HS since becoming the operating engineer on November 25, 2013. He has worked hard every day to ensure that all areas in the school are comfortable for the school’s students and staff. At the time Paul transferred from his position as HVAC Technician to the Operating Engineer of West Potomac High School, the preventative maintenance for the school had fallen more than a decade behind. The lack of a qualified reliable operating engineer negatively impacted the schools learning environment.

Read More

DWI Conviction

396 Words | 2 Pages

Unfortunately, not all drivers avoid driving after drinking too much. If you were hurt in an automobile accident because another driver was driving while intoxicated, an Odessa injury attorney can help. We encourage you to contact us to discuss the specifics of your

Read More

Safe Driving Case

859 Words | 4 Pages

Any person arrested on suspicion of driving while intoxicated or driving under the influence needs to contact a St. Louis DUI attorney immediately. There are numerous consequences with an arrest of this type, some immediate and some that come later. A person may find their car insurance premium increases, those who drive for work may find they are no longer employed and those convicted of this crime may be required to attend a safe driving course, and these are only a few of the possibilities. Thankfully, a skilled DWI attorney in Jefferson County can evaluate the case to determine if there is a defense that may be used to minimize or eliminate these consequences. Following are some defenses that may be employed.

Read More

Drunk Driving Proposal Essay

935 Words | 4 Pages

Kira Johnson Eng 111-11:00 Ms. Booms December 9, 2016 Drunk Driving: Proposal The solution to resolving drunk driving is to crack down on laws already set in place and monitor repeat offenders. Drunk driving is defined as the crime of driving a vehicle with excess of alcohol is in the blood. In the current it means getting behind the wheel of a car while intoxicated and no reprimands are given just a slap of the wrist and a fine. In 2012 Kirk Camacho lost his youngest daughter to a drunk driver with a blood alcohol level well over the legal limit.

Read More

The Pros And Cons Of Drunk Driving

770 Words | 4 Pages

Drunk driving is not something that happens occasionally. It happens everyday of the year. A lot of times, drunk driving victims aren’t the ones who have been drinking. They could be driving home from work one day and get hit by someone who has been drinking.

Read More

Workplace Drug Testing Case Study

270 Words | 2 Pages

“Employers justify drug and alcohol testing policies by arguing that they are necessary for promoting health and safety in the workplace. Employees and unions argue that the policies either violate human rights law and/or the privacy of employees, although the infringement on privacy rights is the more prevalent basis for challenging such policies. ”This article further states that No employee can be subject to random, unannounced alcohol or drug testing, except as part of an agreed upon rehabilitative program following treatment for drug or alcohol abuse;• An employer may require a drug or alcohol test where the facts give rise to reasonable cause; and• An employer may require a drug and alcohol test as part of an investiga- tion into an accident or incident in the

Read More

More about Jones And Farris Case Study

Related Topics

Open Document