Probable Cause before the blood test is enough in an serious injury/death DUI Accident

Thursday, 26 April 2007

Cunningham v. State, A07A0173, the Court of Appeal held that in an DUI accident case under Hough v. State, 279 Ga. 711 (2005) probable cause need only be discovered prior to the state administered chemical test to make the test constitutional.  In Cunningham, there was an accident involving several fatalities.  The at fault driver swerved without warning into on coming traffic.  The driver had been taken to the hospital.  The Georgia State Patrol trooper decided that the driver was impaired and sent someone to the hospital to get a blood test.   The Trooper then searched the Driver's purse left at the accident scene and discovered prescription pain medication and steel wool which is indicative of crack cocaine use.   The Court held that even though the discovery occurred after the decision to perform a test as long as the discovery of the pills and drug paraphenalia occurred prior to the test the requirement of probable cause is satisfied under Hough, supra.  Get the test in at any costs.

 

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