New Case Regarding DWI Blood Test Without Following the Proper Statutory Authority

In Criminal, Trafficby GWAO

The North Carolina Court of Appeals has decided another case against the rights of a defendant to refuse a blood test.  State v. Shepley, ___N.C. App. ____, (Nov. 4, 2014), states that an officer who obtained a blood sample with a search warrant, after the defendant refused to submit to a breath test, was proper, even though the officer did not follow the statutory requirements of N.C.G.S. 20-16.2