Wednesday, February 18, 2009

Driver to Pay for Forced Blood Draw?

Care to pay for the pleasure of a police ordered blood draw? Too bad. You may have to anyway under the guise of "restitution" to the state.
Senate Bill 1106 amends section 18-8802(6)(d) and 18-8003 to provide that "[u]pon a conviction for a felony or misdemeanor violation under this chapter, except pursuant to sections 18-8001 [DWP] and 18-8007 [Leaving the Scene of an Accident Resulting in Injury or Death] . . . , or vehicular manslaughter . . . . the court may order restitution for the reasonable costs incurred by law enforcement agencies to withdraw blood samples, perform laboratory analysis, transport and preserve evidence, preserve evidentiary test results, and for testimony relating to analysis in judicial proceedings, including travel costs associated with the testimony."

A "conviction" includes a withheld judgment.

The part about paying for testimony sounds like a violation of the compulsory process clause to me. At least it's discretionary with the court.




No comments:

Post a Comment