State v. Bosio

Heather Bosio was driving 10 to 15 miles per hour over the speed limit when she failed to negotiate a curve and struck a telephone pole. The passenger in her car was seriously injured. Tests showed Ms. Bosio’s blood alcohol level was .23. Ms. Bosio was convicted of vehicular assault. She appeals contending the court erred by (1) admitting the results of the blood test when the State failed to establish that the blood samples were properly preserved and free from adulteration and (2) failing to instruct the jury on the lesser included offense of first degree negligent *464driving. We conclude that…