Pennsylvania Court Rules No Notice Needed For Use of Blood Sample for Criminal Proceedings

During the evening of October 22, 2008, Daniel Roger Smith, consumed approximately eight beers while watching the Philadelphia Phillies defeat the Tampa Bay Rays in Game 1 of the World Series. He finished drinking at 11:00 or 11:30 that night and went to bed. He awoke the next morning and, apparently feeling no ill effects from his drinking the night before, drove himself to work. Around 11:00 a.m., during the course of his work errands, Daniel was involved in a serious motor vehicle accident.

Police arrived on the scene of the accident within a short period of time and requested a blood sample from Daniel to eliminate any possibility that alcohol or controlled substance was involved. The blood sample revealed that Daniel’s blood alcohol contact was above the legal limit and he was charged with criminal offenses relating to DUI. After a long court process, the Supreme Court of Pennsylvania ruled that the testing for an individuals blood for the presence of drugs or alcohol following a traffic accident is valid even if the police did not inform an individual that the results of the test may be used for criminal or prosecutorial purposes.

All persons charged with crimes are entitled to the protections afforded by the United States Constitution and the rules of evidence in a criminal court of law. An experienced criminal defense attorney helps to ensure that a defendant’s rights are protected before, during and after a trial. If you have been charged with or convicted of a criminal offense, you should consult with a criminal defense attorney immediately. For a confidential consultation, contact the Law Offices of Marc Neff at (215) 563-9800 or via email at marc@nefflawoffices.com.