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Wednesday, October 13, 2010

Ind. Law - Still more on: Blood draw law might benefit from another look by the legislature [Updated]

The ILB has had a long list of entries on the Biscard case and the "certified phlebotomist" issue. A reader has sent me this press release today from one of the candidates for Marion County prosecutor, Mark Massa, who argues that:

[T]he law ... doesn't apply in cases where a person consents to having his blood drawn. Our state Supreme Court has never answered this precise question, and it's one I'm prepared to pose if elected. If the facts establish consent, we'll refile the DUI charge and take it to the highest court.
In this ILB entry from Aug. 30, 2010 I wrote:
Take a look at the entire IC 9-30-6-6, including the changes made to subsection (j) earlier this year [in context]. I got lost half way through. The General Assembly should consider redrafting this entire section to clearly state its intent.
Here is the report this afternoon in the Indianapolis Star by Bill McCleery.

[More] Jim Shella of WISH TV writes this afternoon: "The prosecution of IMPD officer David Bisard is now an issue in the race for Marion County Prosecutor."

[Updated 10/14/10] A report today by Bill McCleery and Vic Ryckaert in the Indianapolis Star is headed "Bisard case becomes issue in race for prosecutor: Both candidates say they'd pursue drunken-driving charges." A quote:

Terry Curry disputed Prosecutor Carl Brizzi's opinion that a blood draw from Bisard -- accused in the Aug. 6 crash that killed motorcyclist Eric Wells and seriously injured two others -- can't be used as evidence because it was taken at a facility that doesn't meet Indiana's legal requirements for blood-test evidence.

"We have confirmed ourselves that the facility does indeed have a written protocol under the responsibility of a physician," Curry said. He also said certification requirements cited by Brizzi are not mandated under Indiana law.

Posted by Marcia Oddi on October 13, 2010 03:11 PM
Posted to Indiana Law