One Officer Bisard, running code on the streets of Indianapolis, mows over a couple of stopped motorcycles at an intersection, killing one rider and crippling two more. The crash site is quickly covered in more brass than a circus calliope and Bisard is taken off for a routine blood draw.
The blood draw has him ringing the cherries with a .19% BAC, which is enough to convict almost two and a half regular people of Operating While Intoxicated, and an array of charges are filed.
Apparently the blood draw was not done at the proper legally-required medical facility, but rather at an occupational health center. The city's chief prosecutor, already under investigation for allegedly handing out sweetheart deals in exchange for commercial real estate, announces that he is forced to drop the OWI charges due to the error.
But is he really?
Let's check my email in-box!
The blood draw on the IMPD officer is admissible regardless of where the blood draw is done. All Brizzi has to do is send an investigatory subpoena to the doc in the box and all is well.Further, MattG points out in comments:
See Oman v. State, 737 N.E.2d 1131 (Ind. 2000).
I found this in 20 minutes...
Why did Brizzi skip down the hallway and dismiss the OWI/Death and not even call a meeting or detailing some his 125 attorneys to research this?