State v. Ball

A sample of blood taken from the respondent after an accident was offered in evidence at his trial for driving while intoxicated. The respondent claimed that the severity of his injuries kept him unconscious from the time of the accident until some time after the blood sample was taken. He was not under arrest when a doctor called to the scene took the blood at the request of the Bristol chief of police. No evidence tending to show any form of consent by the respondent to the taking of the sample was introduced. Although the doctor testified during the state’s case and was cross-examined by…