 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Decker11/25/1991
48 St.Rep. 1046
Submitted on briefs September 12, 1991.
Defendant and appellant, Beth Decker, was convicted of driving under the influence in the Tenth Judicial District, Fergus County, Montana. Beth Decker appeals, and we affirm.
The sole issue before this Court is whether the District Court erred in allowing into evidence testimony of a forensic scientist regarding the appellant's blood alcohol content.
On April 12, 1990, after being notified via radio of a single car accident in Lewistown, Montana, Officer Moring of the Lewistown Police Department arrived at the scene and found the appellant, Beth Decker. She admitted to being the driver of the car. As a result of the accident, she received a split lip which needed medical attention. The officer took her to the police station since she initially refused medical attention so she could see the injury. After viewing the injury, the appellant changed her mind and desired medical treatment. While at the police station, the officer procured the necessary paperwork for a blood withdrawal since there was evidence of a possible DUI; he perceived the smell of alcohol on the appellant and in the car. He transported the appellant to the hospital and, upon arrival, the nurse on duty summoned the emergency room doctor. The officer observed the doctor's activity and then properly administered the implied consent form. Subsequently, the officer presented the blood test request form to the nurse and remained while the nurse drew the appellant's blood, correctly sealed the sample, and initialed the seal. The officer took possession of the sample and sent it to the Missoula Crime Lab via certified mail with a completed "alcohol analysis request form" enclosed. The results of the blood analysis revealed a blood alcohol content level higher than the legal limit.
Procedural safeguards for drawing blood for the purpose of determining alcohol content are set forth in § 61-8-404(1)(b)(iii), MCA (1989), which states that "if the test was on a blood sample, the person withdrawing the blood must have been competent to do so under 61-8-405(1)." Section 61-8-405(1), MCA (1989), provides that: "Only a physician or registered nurse or other qualified person under the supervision and direction of a physician or registered nurse acting at the request of a peace officer may withdraw blood for the purpose of determining alcoholic content."
The issue on appeal revolves around whether "D. Hartman," the hospital personnel who withdrew the appellant's blood, was identifiable as a person qualified to do so.
A similar situation arose in Wyoming.
Joelson v. State (Wyo. 1984), 674 P.2d 229. In Joelson, the appellant argued that no evidence was introduced that the blood was taken by a registered nurse, physician or other qualified personnel. The nurse in Joelson properly collected the blood sample and completed paperwork which included her designation as an RN. The Wyoming court reasoned that
"The letters RN, placed in the space provided for `title', are defined as `1) registered nurse 2) Royal Navy,' Webster's New Collegiate Dictionary (G. & C. Merriam Co. 1979). We do not believe that Theresa Hansen was indicating that she was a member of the Royal Navy . . . was working in the emergency room of the Campbell County Memorial Hospital, and as it is generally recognized by the majority of the people that the initials RN are an abbreviation for registered nurse, we hold that the trier of fact could believe from all the evidence that Theresa Hansen was a registered nurse."
Joelson, 674 P.2d at 231.
The Wyoming court admitted the blood
Page 1 2 3 4 5 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|