Proposal to Mandate Blood Tests at Accident Scenes

11:47 PM, Sep 27, 2013   |    comments
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BUFFALO,NY -- 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.

 "If this can make a difference along any lines when it comes to saving a life than it's worthwhile," Assemblyman Dennis Gabryszak said.

 Currently, 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.

 "In 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.

Gabryszak 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.

 In 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 concentration.

 "This 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.

 "It 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."

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