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Tuesday, August 17, 2010
Ind. Law - More on: Two TV news stories on IMPD motorcycle tragedy blood draw issues
Updating this ILB entry from last evening, Vic Ryckaert and Jon Murray report today in the Indianapolis Star under the heading: "Attorney challenges officer's blood test." Some quotes:
A suspended Indianapolis police officer's attorney this week will ask a judge to discredit a blood test that is key to prosecutors' contention that he was driving drunk when he killed a motorcyclist. * * *The motion challenging the blood test was filed Friday in response to Deputy Prosecutor Ed Zych's request that Bisard's driver's license be suspended.
John Kautzman, Bisard's attorney, and prosecutors will argue the issue before Marion Superior Court Judge Grant Hawkins at a hearing Thursday.
Blood drawn about two hours after the crash showed Bisard's blood-alcohol content was 0.19, more than twice the 0.08 level at which Indiana drivers are considered intoxicated. It led to the drunken-driving and reckless homicide charges.
Kautzman's motion argues that with no other reason to believe Bisard was drunk, reliance on the blood test to suspend his license is unconstitutional. His argument signals the defense likely will try to keep the blood test from being used as evidence in the larger case.
Posted by Marcia Oddi on August 17, 2010 09:28 AM
Posted to Indiana Courts