In January of 2002 Jack Shay, a Lake Placid resident, was hit by a drunk driver.
Jack had been a world class speed skater. He had won the 500 and 1500 meter races at the 1932 Olympics in Lake Placid. He was killed in an accident by a drunk driver. At the time of the accident both drivers were taken to a local hospital. At the hospital a medical technician drew the blood from the drunk driver.
The blood was not taken by a doctor. There is a loophole in the New York Drunk Driving Laws. Blood has to taken by a doctor. The attorney for he drunk driver was successful in keeping the driver’s blood alcohol level excluded from the trial.
Under the new law, advanced emergency personnel such as certified nurse practitioners and medical technicians can draw blood at the scene of the accident when the driver consents. This will aid in the prosecution of driving while intoxicated (DWI) cases. It closes the loophole that has enabled criminal defense lawyers from keeping blood alcohol tests from being admitted into evidence.
It has been suggested that the original law in 1988 was impacted on by a physicians’ lobby in Albany. In 1988 their position allegedly was that personnel other than physicians were not qualified to draw blood from accident victims.
In the event you are charged with driving while intoxicated (DWI) or other criminal matters, it is important that you have an experienced criminal defense attorney to assist you. Feel free to email or call criminal DWI defense lawyers at the Law Offices of Schlissel DeCorpo should you have any questions at 1-800-344-6431.
