Case #: 2016 CT ****
Our client was found lawfully parked in a parking lot passed out behind the wheel with the car still running. The first officer who arrived stated in a report that she made contact with a vehicle in reference to a reckless driving call. The second officer to arrive on scene immediately began taking photographs of our client asleep at the wheel. The officer's knocked on the window and our client was unresponsive. Finally, the officers were able to gain access into the car and realized our client was having a medical emergency. The officers located a cold but sealed can of beer on the passenger floorboard. The arresting officer testified that due to our client's state and the beer found gave him reason to believe our client was DUI. The officer requested an ambulance to take our client to the hospital. He had the EMT draw our client's blood while he was unconscious and unable to consent. Our client was placed under arrest for DUI while at the hospital. Our attorneys noticed the officers immediate desire to conduct a DUI investigation absent any evidence our client was impaired but rather having a medical issue. We filed a motion to exclude the results of any blood draw as it was obtained unlawfully and argued that the first officer on scene could not have been investigating our client for reckless driving when he was lawfully parked in a parking lot. Prior to the hearing on the legality of the blood evidence, the State dismissed all charges against our client.