Credit: ingus bajars. Regardless of Warrant, Police Still Need Defendant's Consent for Blood-Alcohol Evidence to Be Admissible, High Court Says
"[W]e agree with the defendant and do not read the statute to apply only where both a blood draw and subsequent chemical test or analysis is done by or at the direction of police. First, such an interpretation would contradict the plain language of the statute, rendering the consent provision of §24(1)(e) inoperative in certain situations where, according to the plain language of the statute, the consent provision applies," Justice Elspeth B. Cypher wrote on behalf of the state high court.
August 02, 2022 at 02:50 PM
5 minute read
Criminal Appeals
The Massachusetts Supreme Judicial Court sided with a defendant accused of driving under the influence, reversing the trial court's denial of his motion to suppress the results of a blood-alcohol test because he had not given consent.
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