Mississippi Court Throws Out Blood Test
Friday, September 29th, 2006The Mississippi Supreme Court refused to review a lower court’s decision regarding a blood sample taken after a fatal DUI crash (the test found a BAC of 0.09 - above the legal limit of 0.08 for Mississippi). The lower court ruled last December that it was unclear whether the defendant (Dr. Samuel Shaw) was under arrest when the blood was taken. The Supreme Court has declined the prosecutors’ request to hear the case, leaving the prosecutors with virtually no evidence against Shaw. They key factor: the Appeals Court says Shaw refused to submit blood samples, which were then drawn without his permission.