People v.的好色喔啦, 76 N.Y.2d 870 (1990)

Under New York Vehicle and Traffic Law § 1194(2)(a)(1), the implied consent to a blood alcohol test applies even if the driver is unconscious and not formally placed under arrest, provided the officer has reasonable grounds to believe the driver violated § 1192 and the test is administered within two hours of when the arrest would have occurred.

Summary

The New York Court of Appeals held that the implied consent provision of Vehicle and Traffic Law § 1194(2)(a)(1) allows for a blood alcohol test to be administered to an unconscious driver, even if a formal arrest has not been made. The defendant was involved in an accident and remained unconscious for two weeks. The court reasoned that a formal arrest would have been a meaningless gesture in this situation and that the statutory requirements were met because the officer had reasonable grounds to believe the defendant was driving under the influence, and the test was administered within two hours of when the arrest would have occurred had the defendant been conscious. The court affirmed the lower court’s decision to admit the blood alcohol test results as evidence.

Facts

The defendant was involved in a motor vehicle accident and was found unconscious at the scene by police officers.

The defendant remained comatose for approximately two weeks following the accident.

A blood sample was taken from the defendant at the direction of a police officer, and the test revealed a blood alcohol level exceeding the legal limit.

The blood alcohol test was administered within two hours of the accident.

Procedural History

The defendant was tried for reckless and vehicular manslaughter.

The trial included evidence obtained from the blood alcohol test administered pursuant to Vehicle and Traffic Law § 1194 (2) (a) (1).

The defendant argued that the evidence should have been suppressed because he had not been formally placed under arrest at the time the blood sample was taken.

The Appellate Division affirmed the trial court’s decision to admit the evidence.

The New York Court of Appeals affirmed the Appellate Division’s order.

Issue(s)

Whether evidence obtained from a blood alcohol test administered to an unconscious driver, who was not formally placed under arrest, is admissible under Vehicle and Traffic Law § 1194(2)(a)(1)?

Holding

Yes, because a formal arrest would have been an empty gesture given the defendant’s unconscious state, and the statutory requirements of reasonable grounds and timely testing were met.

Court’s Reasoning

The court relied on the language of Vehicle and Traffic Law § 1194(2)(a)(1), which states that any person who operates a motor vehicle in the state is deemed to have consented to a chemical blood alcohol test if a police officer has reasonable grounds to believe the person was driving under the influence and the test is administered within two hours after the person has been placed under arrest.

The court reasoned that the purpose of the statute is to obtain evidence of intoxication in a timely manner and that requiring a formal arrest of an unconscious person would serve no practical purpose. The court stated that “a formal arrest would have been an empty gesture in defendant’s case, since defendant was unconscious when the police first arrived at the scene of the accident and he remained comatose for approximately two more weeks.”

The court distinguished the case from People v. Almond, 151 A.D.2d 820, where the blood test was suppressed because the police found the defendant conscious but waited until he was unconscious due to medical treatment before administering the test, without formally arresting him first.

The court emphasized that the key factors were the officer’s reasonable belief that the defendant was driving under the influence and the fact that the test was administered within two hours of when the arrest would have occurred. By focusing on these key elements, the court ensured that the implied consent statute would be applied in a manner consistent with its purpose of promoting highway safety and deterring drunk driving.