If they have a search warrant, it is lawful.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
If you are taken to the hospital after a motorcycle accident they can and will take blood it sounds like against you will is pretty disrespectful to the paramedics who treated you further as a mc rider for 30years it also sounds like no helmet whic is also stupid
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Was it taken for treatment or for use in a criminal proceeding? The law has a section that says every driver is deemed to consent to a blood alcholol test so if there was probable cause the police could have gotten a warrant to draw your blood.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
If the blood was taken at the request of the police and given to them without a warrant it should not be usable against you. But this would be subject to a "suppression" hearing at which the presiding judge would determine whether the prosecution can use the blood.
If the blood was taken by the paramedics or the hospital for treatment purposes, then the blood sample can be obtained by the police and tested. However, the police cannot get the results of the blood tests done by the hospital. Hospitals usually will test a blood sample of an ER patient for alchhol or drugs before administering treatment.