State v. Lendway

SCHOONOVER, Judge.

The State of Florida has appealed an order granting the appellee’s motion to suppress the results of a blood alcohol test. We reverse.

*726After the appellee, David Leo Lendway, was involved in a motor vehicle accident resulting in a death, he was taken to the emergency room at Naples Community Hospital. As part of the appellee’s treatment, the emergency room physician ordered a blood alcohol test. The appellee was subsequently charged with DUI manslaughter, and the results of his blood test were subpoenaed by the state.

The appellee filed a motion to suppress the results of the…