Client ran off the road, swerved back onto the road and collided with a wrecker. His sister suffered a pretty bad injury, and he was also taken to the hospital. A blood test revealed a BAC of .091. Bob Chestney filed a motion to suppress the blood test results on several legal grounds, and a hearing was conducted. At that hearing, Mr. Chestney was able to demonstrate on cross-examination that the nurse who testified that she drew our client’s blood had no recollection of doing so, had seen no records indicating she was the blood drawer, and didn’t even know if she was working that night. She testified that she drew the blood merely because the prosecutor told her so.
The judge threw out the test results, and the State offered to drop the DeKalb County DUI accident charge in return for a plea to the Reckless Driving charge.