-- There is a proposal being discussed among state lawmakers that
involves mandating a blood test at the scene of a serious or fatal
accident to better determine who is driving while intoxicated.
this can make a difference along any lines when it comes to saving a
life than it's worthwhile," Assemblyman Dennis Gabryszak said.
if there's a request for a blood test at the scene of an accident and
parties involved don't agree to it -- law enforcement would have to get
authorization through a court order.
that time it takes to get an investigation done and actually get a draw
there's a good chance the readings may not be as accurate as taken on
site," Gabryszak said.
points to the Corasanti case. The doctor was accused in a hit and run
accident that killed an 18 year old girl who was riding her skateboard.
Corasanti reportedly refused a blood test until a court order, allowing
several hours to pass.
August of 2004 - 'The national highway traffic safety Administration'
found that New York State reported testing only 4 percent of surviving
drivers who were involved in fatal crashes for their blood alcohol
bill gives the opportunity to go into a person body and take a blood
specimen by law enforcement and we already have a system where we want a
judge to make that determination," Attorney Mike Taheri said.
Attorney Mike Taheri believes if the bill passed -- it would be challenged.
will certainly be tested under the fourth amendment of the federal
constitution and it would appear without appropriate safe guards that
are in place right now that this bill may not be constitutional," Taheri
said. "We would challenge it as an unlawful search of the individual."