The Supreme Court ordered a trial judge to hold a hearing on whether Nissley was able to competently direct his own medical treatment and whether police lawfully obtained the blood sample.
Court sets standard for use of blood samples in DUI cases
Posted: 5:44 AM, Feb 02, 2017
Updated: 2017-02-02 12:44:59Z
The Arizona Supreme Court says police can't use a DUI suspect's blood sample taken for medical reasons unless they have a warrant or the suspect either consented to treatment or was incapable of providing consent.
The court set that standard Wednesday while ruling on an appeal involving a man who thrashed and yelled at paramedics after being injured in a 2010 Scottsdale accident in which one person was killed and four others injured.
A blood sample showed that Patrick McLeod Nissley had methamphetamine and heroin in his system, and he was convicted of reckless manslaughter and other crimes.
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