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DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25285
Experience:  Attorney
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i recently was involved in a car wreck involving only myself.

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i recently was involved in a car wreck involving only myself. i flipped my suv. the officer on scence wanted consent for a blood chemical test at the hospital. i refused and he was insistant. once it was determined i need surgery, he delightfully stated " i don,t need consent since there is bodily injury." i think the hospital gave him a sample and i was then allowed to go to surgery. i had my spleen removed. when i was checking out of hospital i found 2 tickets he left with my personal belongings. 1 for exceeding speed for road conditions, and 1 for driving under the influence. this happened on may23,2010 and at that time there was no criminal reprecussions for refusal. new law goes into effect july 1,2010. Was this sample aquired legally and can it be used against me criminally?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  DCrane Law replied 6 years ago.
Thank you for the post, what likely happened is that the police officer, based upon a finding of probable cause, obtained a search warrant to obtain the results of the blood work analysis done by the hospital. If this was the case, the officer did not need your permission/consent to get the results of the blood work. The results can be used against you in a criminal proceeding.
Customer: replied 6 years ago.
I don't think he did as i was aware of his actions. if he did not get a court order, are the results able to be used agaginst me, or is it possible to not allow into court.
Expert:  DCrane Law replied 6 years ago.
Hello, no if he did not get the warrant, the results can be excluded and not be used against you.
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