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Jones And Farris Case Study

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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unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section.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

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