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Medical Forum / Diseases and Disorders / Arthritis / November 2006

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Califchief - 17 Nov 2006 03:43 GMT
South Dakota Woman on Golf Cart Arrested for DUI
November 10th, 2006 10:00 AM EDT

A Keystone woman was arrested early Thursday for DUI - after she was
stopped while driving a golf cart. A Rapid City police officer was on
patrol around midnight when he met a woman on a golf cart driving on the
road.
The police report said the officer put on his emergency lights and tried
to stop the golf cart because it had no lights and was a threat to
traffic. The driver would not stop at first but finally did after she
realized she couldn't outrun the squad car, according to police.
The woman told the officer she had borrowed the golf cart from friends at
a party.
The officer smelled alcohol on her breath and tried to draw a blood sample
as part of the new mandatory blood test, but when the woman became
uncooperative, it took a couple of officers to hold her so they could get
the blood sample, the police report said.
After the results were in, Tawanna Martin, 23, was arrested for driving
under the influence.

... Confucius say: If you park, don't drink, accidents cause people.
___ Blue Wave/QWK v2.12
Joan Carter - 17 Nov 2006 16:11 GMT
> South Dakota Woman on Golf Cart Arrested for DUI
> November 10th, 2006 10:00 AM EDT
> The officer smelled alcohol on her breath and tried to draw a blood sample
> as part of the new mandatory blood test, but when the woman became
> uncooperative, it took a couple of officers to hold her so they could get
> the blood sample, the police report said.

Police can draw a blood sample? What makes them have the training to do that?

---
Joan
Paul T. Holland - 17 Nov 2006 22:24 GMT
i suspect this is a poorly written story, missing is 'where' the driver
was when the blood was drawn - guessing that they took her to hospital
or the station. i don't know of 'any' jurisdiction where a blood draw is
performed at the location of the infraction.

from the story, they would have had probable cause to take her to
another location

see south dakota law:

32-23-10.

Operation of vehicle as consent to withdrawal of bodily substances and
chemical analysis Submission to withdrawal or analysis following arrest.

Any person who operates any vehicle in this state is considered to have
given consent to the withdrawal of blood or other bodily substance and
chemical analysis of the person's blood, breath, or other bodily
substance to determine the amount of alcohol in the person's blood and
to determine the presence of marijuana or any controlled drug or
substance or any substance ingested, inhaled, or otherwise taken into
the body as prohibited by § 22-42-15 or any other substance that may
render a person incapable of safely driving. The arresting law
enforcement officer may, subsequent to the arrest of any operator for a
violation of § 32-23-1, require the operator to submit to the withdrawal
of blood or other bodily substances as evidence.

32-23-10.1.

  Refusal to submit to chemical test or allow withdrawal of bodily
substance admissible into evidence.

If a person refuses to submit to chemical analysis of the person's
blood, urine, breath, or other bodily substance, or allow the withdrawal
of blood or other bodily substance for chemical analysis as provided in
§ 32-23-10, and that person subsequently stands trial for violation of §
32-23-1 or § 32-23-21, such refusal may be admissible into evidence at
the trial.

32-23-14.

  Persons authorized to withdraw blood for test Other bodily
substances--Liability of person administering test.

Only a physician, laboratory technician, registered nurse, physician's
assistant, phlebotomist, expanded role licensed practical nurse, medical
technician, or medical technologist may withdraw blood for the purpose
of determining the alcoholic content therein. This limitation does not
apply to the taking of a breath or other bodily substance specimen. Such
authorized persons, acting on the presumption of consent in § 32-23-10,
and any hospital or facility employing such persons, are not liable and
may not be held to pay damages to the party from whom the blood sample
is withdrawn, if the withdrawal is administered with usual and ordinary
care. No person authorized to withdraw blood under this section may be
required or forced to withdraw blood for the purposes outlined in this
chapter, unless required pursuant to a written agreement.

> > South Dakota Woman on Golf Cart Arrested for DUI
> > November 10th, 2006 10:00 AM EDT
[quoted text clipped - 7 lines]
> ---
> Joan
 
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