State v. Weber
Louisiana Court of Appeal
1DissentCrain, J.
_JjFor the privilege of driving in Louisiana, the driver of a vehicle involved in a collision in which a fatality occurs is deemed to have given consent to the administration of a blood test to determine the presence of a controlled dangerous or impairing substance. La. R.S. 32:681. In this case, the majority concludes that because the police officer did not know, when the blood was drawn for testing, which of the three occupants of the truck was the driver, there was no implied consent by the driver. I respectfully disagree.
The occupants of defendant’s truck, including the defendant, had…
2Cases cited3 opinions
- Capo v. BlanchardLouisiana Court of Appeal · 1924
- Henry v. State, Dept. of Public SafetyLouisiana Court of Appeal · 2001
- Musso v. Louisiana Department of Public SafetyLouisiana Court of Appeal · 1994