According to a recent article published by KRNV NBC Reno, Washoe District
Judge Lidia Stiglich did not agree with arguments calling a blood draw
in a suspected
DUI case unconstitutional.
Attorney John Stephenson, who is defending the suspect, is challenging how Reno police gather evidence
in these cases. He argues that the suspect’s constitutional rights
were violated when law enforcement officers drew her blood to test for
impaired driving after a vehicle collision in December 2014.
Attorney Stephenson claims that law enforcement officers did not find any
indication of alcohol or drugs on her breath or in the car, and she passed
all field sobriety tests. Attorney Stephenson inquired as to why her cellphone
was taken, leaving her unable to contact her family or a lawyer. In addition,
he questioned why a warrant from a judge was never pursued.
During a pretrial hearing, three law enforcement officers testified the
blood draw was performed based on statements the suspect made after the
accident. According to the report, the suspect admitted to drinking hours
before the accident and smoking marijuana the day before. The officers
stated that the suspect verbally agreed to the blood draw and signed a
consent form. Judge Stiglich agreed with the officers. Upon the judge’s
ruling, Attorney Stephenson requested a stay of the trial, stating that
he planned to file a petition for the blood draw before the Nevada Supreme Court.
To learn more,
read the article and watch the news story here.