The world could use more people like Alex Wubbles. Graciously accepts apology, says lawsuit still not off the table. She's adulting like a boss here.
Given that this was a chase situation...I wonder if the officer's strong insistence / unlawfully jackass behavior to obtain blood was purely for the protection of the trucker that was struck by the fleeing suspect. Link: https://www.washingtonpost.com/news...utType=default-article&utm_term=.a4b292a8a48f
Not necessarily. One of the cases in Utah about a decade ago that caused a change in "implied consent," courts ruled a warrant was required, but let the blood sample be entered as evidence. Since "implied consent" is still on the books in Utah, it might have still been let through, despite the ruling a decade ago. But that's a layman's take.
Talking to a law enforcement friend of mine about this he had a take that I hadn't thought about. He said that because there was a high speed chase that ended in the injury/fatality of a motorist, the department/city could be held liable for all expenses as well as damages to the motorist and affected family. If the blood of the motorist showed that he had alcohol/narcotics/barbituates, etc., in his system it could invalidate that claim. No idea if this is correct.
My wife is a nurse case manager in the E.D. Although the patient may have broken the law from killing someone or have been in a car accident, they still can not draw blood and provide it to people without any type of warrant or patient consent under any circumstances.
There is your answer...protect the trucker? No the department. Hoping to blame the victim. When dealing with these types you have to avoid conflict. She needed to excuse herself once she realized what he wanted. Do not under any circumstances try to reason with the guy. Be polite but keep to yourself. He either is ignorant of the law he is to uphold or doesn't care. Probably both. She needed to go immediately to her supervisor. Said super would be wise to get the dept info and call a superior. If the superior cant be reasoned with then go up the chain of command and get the lawyers on the horn. If necessary call the sheriffs department and see if you cant get a deputy or two to come out. If local LEO is violating the law then calling the Sheriff may be your best bet. Better to have the lawyer meet with the deputies and LEO and explain the law involved and what he will do to them if they even look cross-ways towards the hospital staff. Explain the million dollar suit and how during settlement discussion personnel issues will be discussed.
I'm not excusing the officer, but when you have a license, and are operating a motor vehicle, are you automatically giving consent to be tested for driving under the influence, especially when there is an accident involving injuries. I know nothing about this incedent, and it's very early in the morning, so please cut me a break. I'm just asking. I guess it's worth me googling So, I found this.