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Sample Form K Sample Briefs California Courts

Sample Form K Sample Briefs California Courts

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drunk driving is a leading cause of traffic related deaths and bodily injuries testing a driver's blood alcohol content is the most reliable way to prove the offense but does an involuntary blood draw to obtain such evidence violate the constitution the united states supreme court addressed this issue in schmerber versus california armando schmierberg crashed his car into a tree injuring both himself and his passenger police officers and ambulances rushed to the scene of the accident officers observed that schmerber appeared intoxicated he had bloodshot eyes and slurred speech and his breath smelled like alcohol one of the officers edward slattery accompanied the ambulance carrying schmerber to the hospital after schmerber refused officer slattery's request to take a breathalyzer test the officer directed a physician to draw a sample of schmerber's blood in order to determine its blood alcohol content schmerber verbally objected to the blood draw but didn&#3

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