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State ex rel McGrath v. Montana Twenty-Frist Judicial District Court12/28/2001
Before us is an original proceeding involving a petition for writ of supervisory control filed by the State of Montana and Attorney General Mike McGrath, respectfully, requesting that we assume supervisory control and direct the Montana Twenty-First Judicial District Court, the Honorable Jeffrey H. Langton, to set aside an order of suppression excluding the admission of a blood test and its results obtained for medical treatment purposes bearing on the question of whether Defendant Linda Llewellyn ("Llewellyn") was under the influence of alcohol on September 28, 2000.
The petition for writ of supervisory control presents the following issues:
1. Whether we should exercise jurisdiction in this matter?
2. Whether the District Court erred in suppressing Llewellyn's blood test results obtained by medical authorities for emergency treatment purposes when Llewellyn refused to consent to a blood test pursuant to a police officer's request under Montana's implied consent statute?
We assume supervisory control, reverse the District Court's Order granting Llewellyn's motion to suppress and remand for further proceedings.
BACKGROUND
On September 28, 2000, Llewellyn allegedly rear-ended another vehicle stopped at a red light at the intersection of Eastside Highway and Highway 93 in Ravalli County. Llewellyn, who suffered significant injuries as a result of the accident, refused to submit to a breath test at the scene. She was then transported to the emergency room of the Community Medical Center in Missoula County for treatment. While undergoing treatment, Llewellyn was asked by a Montana highway patrol officer to provide a blood sample for analysis pursuant to § 61-8-402, MCA (1999). Llewellyn refused and her refusal was documented by the officer. However, during the course of emergency room treatment, blood was drawn from Llewellyn upon the order of a physician for purposes of medical diagnosis and treatment. The lab tests revealed a blood alcohol content above the legal allowable limit. The results were obtained by the prosecution pursuant to an investigative subpoena.
Llewellyn filed a motion to suppress the admission of the blood test obtained for medical diagnosis and treatment purposes claiming that the State could not show compliance with the required administrative procedures in the collection of the blood test for evidentiary purposes; and that she withdrew her consent to a blood test. The State responded and contended that blood tests taken for medical diagnosis and treatment purposes are admissible as "other competent evidence" pursuant to our decision in State v. Newill (1997), 285 Mont. 84, 946 P.2d 134, and § 61-8-404, MCA (1999). The District Court granted Llewellyn's motion concluding our decision in Newill was distinguishable from the case at hand since the defendant in Newill consented to a blood test unlike Llewellyn; and thus, admitting Llewellyn's blood test results obtained for medical treatment purposes would "render null and void her right to refuse consent" provided by § 61-8-402(4), MCA (1999). The District Court then concluded that "other competent evidence" could include eye witness testimony concerning Llewellyn's manner of driving, appearance, gait, breath smell, etc., but could not include blood analysis for medical treatment purposes when Llewellyn had previously exercised her statutory right and refused to submit to a blood test for purposes of determining her blood alcohol content ("BAC"). The District Court concluded that to allow the admission of such evidence would permit an end run around the implied consent statutes which the Montana Legislature could not have intended. The
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