I remember discussing this before, but couldnt find the thread.
The police were chasing a guy, and during the pursuit, the person being chased, crossed over the median and struck an 18 wheeler going in the opposite direction. Then a fire erupted. The 18Wheeler driver was medevaced to the hospital with burns and was unconscious. A detective tried to take a blood draw from the unconscious victim, and the nurse refused. She told the detective, that he needed either a warrant, or consent. Since he was unconscious, he didnt have consent. Absent a warrant, she wasant going to let him take a blood draw. So he arrested the nurse who was standing in her way.
Granted, Johnny Law should have gotten his warrant, but as in the link above there is implied consent if a licensed motorist in Utah and and officer has a reason to suspect intoxication.
Who knows? The test might have revealed no substances at all.
Sounds like the officer, and his LT, were stuck in administrative mode. The driver of the truck was covered by Federal Motor Carrier Safety Administration regulations (Federal DOT laws covering Class A licensed drivers). The accident was a mandatory DOT reported accident, which triggers a mandatory DOT drug screen and Blood Alcohol test of the commercial driver, which must be collected within 8 hours of the accident. Because the accident involved injuries requiring medical evacuation, and a disabled commercial vehicle, the driver is automatically going to be tested. The proper response to the nurse should have been to contact hospital administration. I guarantee the hospital is well aware of FMCSA regulations on accident related drug screening. There is a Federal form that ER Rooms keep on file to record the chain of custody of the collected sample. The officer didn’t need to grab and cuff her.
All that being said yes he is required to give one. But he can refuse he can’t be forced accept with a warrant. Yes he would immediately be fired and have his commercial license revoked. If I remember the video she was on the phone with her bosses who backed her up. Especially being he wasn’t the cause just wrong place wrong time there was no need to get it right then. It is a violation of a policy not law. I have not heard of a cop demanding a DOT test and as far as I know can’t get one under that pretense or the authority. I work under same rules.
A now former poster is a retired LEO. He highly recommended blood drug testing to drivers involved in accidents as a liability waiver. He recommended blood testing because with the more common urine drug testing, a negative may result even though the driver used recently, the process of removal via the kidneys taking several hours.
He recommended it especially for those drivers who showed no signs of intoxication because attorneys will sometimes make the claim that the driver was intoxicated. Substances going straight tothe blood, that negative blood tox screening would have been the accused’s proof that the claim was false.
The officer taking that sample was not harming the patient and may have gotten a totally negative sample. It also sounds like the nurse doesn’t know at least part of her job if she doesn’t know when drug testing is mandatory.
She should have received $0.00 + paid 100% of the court costs.
I know the program too well. I was a terminal manager for 5 years. The hospital was going to draw blood just because of the extent of the injuries and the inability of the driver to respond to pre-treatment questions. The officers were stuck in admin mode trying to check an accident investigation form block instead of using common sense.
Yes they were going to draw blood but they were not required to draw it for law enforcement. You as a manager knows then he can refuse and you can’t force him to do it.
I was in a DOT reported injury accident when I was driving. I wasn’t charged, but the investigating officer took me from the scene to the local ER for an investigation related blood test under TX commercial driver regulations. My company also had me tested separately. The officer in the article went straight to cuff mode when there was a much easier way.
We discussed this for days and looked at every aspect of the applicable law.
If you want to live in a police state where a petty agent of the state can order healthcare providers to interrupt treatment on an unconscious patient to cover their sorry asses, move.
We still have a few rights in this country and this nurse protected her unconscious patient.
She is a hero and should have received enough so that her great-grandkids wouldn’t have to worry about inflation.
The last policeman who pulled me over for speeding were far more professional than most medical personnel, who selectively “protect their patients”, as in we’ve got to protect everyone from COVID-19, but leave a COVID-19 negative patient with bronchitis hanging up to dry, and you guys have just got to avoid “unnecessary medical care”, but abortion is OK.
“She is a hero” . I trust her as far as I can throw her, and I do believe interfering in a police investigation is a criminal offense.
