Missouri Court of Appeals Affirms Trial Court Suppression of Blood Test in DWI/Drunk Driving Case

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A Missouri State Highway Patrolman made contact with the defendant, Jason Reed, when Reed arrived to pick up a passenger in a car where the driver had been stopped for erratic driving and subsequently charged with DWI/drunk driving. The trooper thought that Reed stopping approximately thirty (30) yards from the location of the stop car was "unusual". The trooper then asked Reed to perform several field sobriety tests. Subsequently, without Reed's consent and without a search warrant, the trooper transported Reed to a hospital for a blood draw approximately two (2) hours later. Reed was charged with DWI/drunk driving.

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