OUI Norfolk Massachusetts Lawyer Bodily Injury Evidence Seizure

Commonwealth v. Patrick

Facts:

Defendant filed a motion to dismiss or, in the alternative, to suppress evidence of blood testing in his prosecution for operating under the influence and operating under the influence resulting in serious bodily injury.

OUI Norfolk Massachusetts Lawyer

Issue:

• Whether evidence supports a conclusion that the government directly caused the seizure of defendant’s blood?

Discussions:

Defendant was charged with operating under the influence and operating under the influence resulting in serious bodily injury. Defendant filed a motion to suppress the introduction into evidence any results of blood testing performed by the hospital on blood drawn from him involuntarily. Denying defendant’s motion to suppress, the court held that the police did not request or direct that the blood test be performed; therefore, the evidence fails to support a conclusion that the government directly caused the seizure of defendant’s blood. The court further held that the privilege against self-incrimination did not make the results of the involuntary blood tests inadmissible. Denying defendant’s motion to dismiss, the court held that defendant had prior notice of his prior offenses and, therefore, must have known that if he received a citation it would almost certainly be a complaint rather than a warning.

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.