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

In Criminal, Traffic by 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