State v. Giacomini

Defendant entered a plea of nolo contendere to driving under the influence. Defendant appealed, arguing that the municipal court erred in denying his motion to suppress evidence obtained by a blood draw following the DUI stop and in denying his subsequent “request for hearing.” The Supreme Court affirmed, holding that the district court did not err by (1) affirming the municipal court’s determination that law enforcement properly withdrew Defendant’s blood against his will after obtaining a valid search warrant, as probable cause existed to issue the search warrant, and Defendant’s constitutional challenge to the forced blood draw was without merit; and (2) affirming the municipal court’s decision to deny Defendant’s “request for hearing” as untimely. View "State v. Giacomini" on Justia Law